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MINUTE BOOK 52 2005 : , 1 FEBRUARY 16, 2005 The Round Rock City Council met'in Work Session on Wednesday February 16, 2005 at the United Heritage Center, Round Rock Room, 3400 Palm Valley Boulevard. CALL WORK SESSION TO ORDER - 8:00 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, Councilmember Scot • Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were the following staff members: City Manager ]im 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, Larry Hodge, Fire Chief, Bryan Williams, 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 outlined City Council priorities and gave a brief outline of the agenda. 3.B Consider a presentation and discussion regarding the following topics: • 1. Budget Kick-off David Kautz, Assistant City Manager gave a brief overview of this year's budget. - Financial Policy Cindy Demers, Finance Director made the following presentation regarding the financial policy. FY 2004 Sales Tax Results • Overall 8% above 2003 • Dell up 10% • City, not including Dell, up 5.4% • Strongest City percentage growth since 2001 FY 2005 Sales Tax through February 2005 • Overall 13.3% above FY2004 • Dell up 11.3% • City, not including Dell, up 15.2% FY 2004-05 Budget Revision Preview • Sales tax collection • Implement bi-annual salary survey • Priority support staff programs (HR, Finance, IT positions) • Transfer utility operating funds to utility Capital Improvement Program FY 2005-06 Budget • Implement Financial Management Policy • Revenue forecasting • Continued development and update of fees and charges for services-fair cost recovery • Cost control and efficiencies emphasis • Focus on program evaluation • Priorities, benchmarks and service levels are key. i 2 FEBRUARY 16, 2005 FY 2006 assumptions • Financial management policy adopted - 1% Dell below City • Overall sales tax increase for operations 5.6% • City other than dell sales tax increase 7.0% • Dell sales tax increase for operations 4.0% • Dell overall increase over prior year 8.0% • Property tax values - Existing values increase - 5% - New property value same as FY 2005 Mr. Kautz noted that this policy is not as aggressive as it should be; however, the • policy can be fashioned as the Council desires. The policy in this form sets the City in the right direction, but the question is how tight it should be. Long-term results • Dell % of sales tax of operations reduced • Property tax rate managed within 3% of effective tax rate, including impact of additional issuance of GO Bonds expected in 2006-2007 • $5 million of Dell revenues transferred for strategic projects between 2006-2008 • Assume $5 million used for capital projects, keeps 3/4 cent off debt component of tax rate for 25 years Policy Assumptions • Normal operational expenditure growth • Economy remains solid • Property tax growth sales tax growth Dell 1% Below City Sales Tax • Dell sales tax growth for general fund operations.must be at least 1% below estimated other city sales tax collections • Dell sales tax revenue used for operations limited to no more than 50% of total general fund sales tax revenue • 2. Economic Development/Tourism Joe Vining, Executive Director of Community Development, and Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. Tourism Update • Changes in Program • Dell Diamond Scoreboard • Roger's Projections Lowered • Redo Financial Plan Gateways/Wayfinding Plan - RFQ's sent out and 13 responses were received. - Selection committee interviewed five firms February 9-10, 2005. - Committee will make a selection this month. - Contract will go to Council. • What will they do for us? - Selected firm will create only the design. Charged with designing the overall theme graphic that represents Round Rock. - Will develop a family of science, actual wayfinding plan. Will not be designing the actual gateways. • Mayor Maxwell noted that he wants to see a plan showing the timeline for complete implementation, the wayfinding plan, anticipated funds and if necessary move the timeline . up. Sharon Prete made the following presentation. Old Settlers Park Sports Facilities • Generating tourism and enhancing local league play through the development of a 570 acre Sports Park 3: FEBRUARY 16, 2005 • Objectives Renovation of existing Old Settlers Park sports facilities to bring them up to premier-level facilities Addition of sports facilities at Old Settlers Park to expand the tournament and league possibilities in a single location Cost Estimate Summary • Total Cost $26,105,885 • Top Priorities - Baseball/Softball $ 3,720,354 • _ Soccer/Parking Lots $ 366,300 Adult Softball $ 3,285,700 - 2 Fields $ 2,149,000 - 3 Fields $ 2,389,000 Possible Available Funding • Mayfield Park (245) • McNeil Park Mayor Maxwell asked that a plan be put together to fix minor things to improve the existing facilities. Game On Nancy Yawn made the following presentation. Marketing Conferences/Trade Shows Attended: • Travel Events and Management in Sports (TEAMS) Houston, TX • Meeting Professionals International (MPI) Tampa, FL; San Diego, CA • US Specialty Sports Assoc. (USSSA) Jacksonville, FL; Dallas, TX • Texas Society of Association Executives (TSAE)/MPI • • Southwest Showcase - Austin Convention Center Presentations made to: • Sertoma • Rotary - Morning Club • Rotary - Noon Club • Senior Citizens Foundation • Williamson County 4H Club Tate Austin: • SCOT story pitched to 300 statewide and national media • Rack Brochure designed and printed • Began new advertising campaign Results: • Upcoming Events - Round Rock Invitational Softball Tournament - January - Hoop it Up - June - Kick It - May - UIL Soccer State Championship - April - UIL Baseball - State Championship - May • Advertising 96 Requests for information from Texas Tour Guide advertisement • North American Travel Journalists Association Award • Round Rock Conventions and Visitors Bureau (CVB) received First Prize for the Best CVB/Tourist Bureau Web site: www.SportsCapitalofTexas.com • Runners Up - Saratoga County Chamber of Commerce - LA Inc. - Greater Boston CVB - Burson-Marsteller - Akron/Summit CVB Possibility of selling parkland Time has changed the way parks fit into new development. Points to consider are: 4: FEBRUARY 16, 2005 • McNeil Park has gotten too small for the demand. - Ballfields can be moved to Old Settlers Park. • Parkland is being donated to the City. • Look at other areas where parks are not being utilized. 3.13.3. Golf Course/Water Park Water Park Dan Martin of ERA gave the following report regarding the feasibility of a water park in Old Settlers Park at Palm Valley. • Executive Summary The Round Rock Parks and Recreation Department retained Economics Research Associates (ERA) to analyze the market potential and financial feasibility of a proposed outdoor Family Water Park located in Round Rock. In the course of this assignment, ERA evaluated the area's resident and tourist markets, identified competing attractions, assessed the potential attendance of the proposed attraction, completed a financial analysis of the Family Water Park project, and provided an impact assessment. The following points summarize the major conclusions of the study. • Total, ongoing and annual economic impacts will be around $1,100,000 in new spending. This new spending will create around 65 new jobs in the community of Round Rock. The ongoing fiscal impacts from these operations will be around $75,000 in new government revenue annually, of which, about one-third will stay in Round Rock. Total visitor spending in Round Rock will increase by over $700,000 annually. Around one-third of this new spending will happen away • from the water park itself in hotels, restaurants, and other places visitors frequent. 24 new, visitor-related jobs would be created in the community. • Based on an evaluation of comparable water parks, the proposed water park would bring in an attendance of around 120,000 annually. • The composition and mix of the resident market will provide a strong support for the proposed water park's attendance. Consumer attributes indicate that much of the resident market has a predisposition towards water park experiences. • The proposed water park would make over $500,000 annually on an operating basis (revenues less expenses, and before taxes and debt service). However, for reasons detailed later, debt service payments would likely exceed this operating margin. The investment financing decision will be a critical component in making the water park financially self-sustaining. • Temporary economic impacts related to construction will include around $6,000,000 in new wages, and over 200 temporary, one-year construction- related jobs. The fiscal impacts of this construction will be around $50,000 in new government revenue, most of which will flow to the state. Overview of Water Parks • The industry is just turning 30-started in late 70s • 2003 attendance was 72-73 million • Attendance has grown by 9% • • Today - The number of outdoor ones, especially in the outdoor family aquatic center category, continues to grow. - In the northern US dozens of indoor water parks, almost always associated with a family resort hotel, are in development. Why build water parks? • Private sector - Profit - Adds high repetition/low cost use to theme parks - Seasonal activity (pro & con) FEBRUARY 16, 2005 • Public sector - Fulfills recreational needs - Adds to quality of life - Builds community identity - Draws business and activity - Texas is a mixed market with many of both. Summary of Findings: • Operational differences for publicly owned parks: - Resident discounts, • _ More season passes, Broader range of aquatic programming, - Higher procurement costs, and - different personnel policies - stronger certifications - No operational savings from multiple locations - Positioning a Round Rock Park is a challenge with respect to today's home tech boom. - Suggested equipping the park with a digital entertainment and operations management monitoring system so you can tune the "feel" of the park to the market of the moment - For example, at night, target teen with music, F&B, and a great lighting package. This water park would fill about 25 acres in Old Settlers Park and would be a $9 million facility. This would not include the land. Golf Course David Kautz, Assistant City Manager made the following presentation. City vs. third party management vs. third party lease • MANAGEMENT STRUCTURE PROS CONS City Management City enjoys the full benefit of City assumes liability of the the net operating income. bond payment, currently the responsibility of the management company. City assumes all management,,and staffing responsibility. As a municipally operated course, the City may be pressured by residents to lower greens fees. Third Party Management City is not directly Excess profits may ultimately (Under current contract) responsible for the bond transfer to the third party payments. manager. City is not responsible for management and staffing, and operating risk. Third Party Lease City may attract the capital A third party lease may be necessary to expand and restricted by the bond UDgrade the facilities. >, agreement. Existing bond structure may • restrict the number of qualified third party operators not willing to structure a complex lease agreement. Recommendation: • Enter into a 5-yr term with operator (On Course Strategies) • Incorporate maintenance standards into the operation agreement • Reassess the city's riskalternatives and negotiate management fees commensurate with those r s FEBRUARY 16, 2005 Forest Creek Golf Course Management Agreement Application of Funds: Current Agreement Proposed Agreement 1. Debt Service 1. Debt Service 2. Capital Reserve Account 2. Capital Reserve Account 6% of Greens Fees 3% of Gross 3. Operating Expenses 3. Operating Expenses 4. Base Management Fee 4. Base Management Fee ($12,000/mo) Indexed 5% of Gross 5. Incentive Fee 5. To City - New Debt Service 2% of Gross Receipts) • 6. Accrued Management Fees from Prior 6. To City - Up to 3% of Gross Terms 7. City 7. Incentive Fee 5% of Gross Receipts) 8. Cit Term of Agreement Term of Agreement 5 Years 5 Years Unrealized Management Fees Lapse at end of Unrealized Management Fees Lapse at end Term of Term 4. Emerging Issues Lot Sizes Mr. Vining gave a brief update on the city's lot sizes and staffs concern regarding the size of homes that are being built on some of the lots. Development Procedure Survey Mr. Vining reported that the survey was finished and will be mailed in two weeks. The mailing list consists of almost 200 individuals who are engineers and architects, and anyone doing business with City. This survey helps identify problems • Legislative Agenda Randy Cain, the City's legislative representative, gave brief update of today's Legislature Session regarding the Texas State University (HEC). Northeast Quadrant Update Mr. Vining gave a brief update regarding development in the northeast quadrant of the City. He noted that the second Council meeting in April staff will bring forward some items for the Council to address. 5. Social Services Update Mr. Demers informed the Council that former Councilmember Pitt was the Council representative that worked with Debbie Hoffman, Executive Director of the United Way of Greater Williamson County on the social services applications. Currently, that position is vacant. • She added that the City has been approached about providing office space in city offices for social agencies. 6. Transportation Update This item was not addressed at this time. A presentation regarding this item will be given at a future Council meeting. 7. City Owned Facilities FEBRUARY 16, 2005 Jim Nuse gave a brief update on the Police Department facility. 8. Public Safety Issues Police Strategic Status Chief Williams made the following presentation regarding police facility. • Provided updated figures • Outlined four scenarios for this project • Scenario 1 - Current cost estimate: $20.8 million This scenario would build the entire complex consisting of approximately 83,000 square feet as described in the original June 2003 needs assessment completed by Brinkley Sargent. This would allow the entire Police Department to move at one time and provide adequate facilities for the Police Department headquarters through 2020 based on a city build-out to a population of 150,000 at that time. This complex would serve as the Police Department headquarters for approximately 370-400 employees (officers and civilian combined). Pros: • Current favorable interest rates • No phased inflation costs • Can sell existing asset sooner • Lowers maintenance/utility costs • Buyer of the existing facility on Palm Valley Boulevard gets favorable rates as well. • Cons: • Requires significant loan above bond • Smaller tax base Scenario 2 - Current cost estimate: 9.7 million In this scenario, the administrative portion of the master-planned police headquarters would be constructed. This building would house administration, communications, evidence and property storage, emergency operations center, records, and public access functions. This building phase would build approximately 36,000 square feet and would house approximately 35-40 staff members upon completion. The Patrol and Criminal Investigations divisions would remain at the Department's existing location until sufficient funding is obtained to build the remaining approximately 47,000 square feet of proposed complex. Completion costs are estimated at approximately $11.2 million for the remaining 47,000 square feet if the economy continues to hold at its present level and the • building is built and completed within five years. Pros: • Efficient construction • Free up one building for City use • Uses bond funds in timely manner • Site infrastructure complete for entire project Cons: • Inflation for phasing complex • Requires additional loan above bond • Most expensive items in this phase • Decentralizes operations/moves small number of staff positions FEBRUARY 16, 2005 Scenario 3 - Current cost estimate: $6.6 million In this scenario, the administration building is constructed but only the communications and evidence/property storage portions of the building are fully filled out. This scenario would require the movement of approximately 23 staff members to the new location and would eliminate any public access features of the building. The site work for all portions of the complex for future construction purposes would be completed in this • scenario. Pros: • Utilizes bond funds in timely fashion Site infrastructure completed for entire project • Requires no additional funding • Stays within available bond funds • Frees up one-forth of the existing buildings Cons: • Only affects small number of personnel • Decentralizes operations/dislocates fewest number of staff positions • No public access feature on site Scenario 4 - Current cost estimate: Less than $1 million In this scenario, no portion of the master-planned complex is built at this time. The total cost incurred currently is for some building design and the purchase of the land for the complex. The current complex of buildings at 615 Palm Valley Boulevard would continue to be occupied until new monies could be obtained to build entire complex at one time. • Pros: • No decentralization of department • Larger tax base in 5 years Cons: • Inflation-higher future costs of building • Higher interim maintenance/operation costs • Doesn't use bond funds for voter approved purpose Recommendation: To maximize the available bond funds for building a new police headquarters and coordinate future expansion efforts, Police Chief Williams and Department personnel, Capt. Chris Bratton and Joe Teiber met with the City's Building Construction Manager Larry Madsen and Brinkley Sargent Architects to develop the construction scenarios outlined above. After reviewing each proposal, this group recommended Scenario 3 as the best possible solution for the City at this time. Implementation of this scenario, however, will require the City to put the remainder of the project on a new bond proposal within the next • two years so that the project can be completed in a timely fashion. Scenario 3 provides the infrastructure for the entire headquarters build-out at the proposed site. This scenario allows for the future expansion as well as the immediate relocation of the Department's communications and evidence/property functions upon completion of the first building. With Scenario 3, no additional funding is required at this time; the budget for this conceptual plan is within the bond funds allocated for this project. 9 FEBRUARY 16, 2005 RRPD Strategic Planning • Scanning (Benchmark/Employee Surveys, Review Existing Plan) • Vision (Mission, Vision, Values) • Strategy (goals, strategies, tactics0 • Outcomes (Budget, Work Plan, Staffing Plan, Accountability) • Scenario 4 is a do nothing scenario. Chief Williams added that he would rather not separate communications within the department. He reported that he would rather take Option 1 than to go back out to the citizens and ask for more money. Fire Strategic Plan Update Chief Hodge gave an overview of the following points. Round Rock Fire Department Recommendations • Development of formal policies for fire and EMS services • Develop Fire Service Goals & Objectives (all divisions) • Fully equip Reserve Apparatus • Establish Capital Funding Program (stations, apparatus, equipment) Dispatch Program (NFPA 1221) • Development of an AVL system. • Enhanced staffing (4 dispatchers and 1 Supervisor per shift) • Integrate the Fire Department and CAD System Data. • Establish a Command and Control Center. Emergency Medical Services (EMS) • Establish a formal, written EMS agreement with Williamson County. • Upgrade EMS software (improved performance, data collection & analysis) • Prioritize EMS Responses (Medical Priority Dispatch) • Create an EMS Division within the department at the rank of Fire Captain. • Manage First Responder Program • Provide EMS training • Liaison with WCEMS, hospitals, and community • Public AED & Citizen CPR Programs Code Enforcement • Staffing 1. Reclassify Fire Marshal to Battalion Chief Rank 2. Reclassify the Lieutenant's position to Fire Captain (Prevention Specialist) 3. Reclassify Inspector Position to Lieutenant • Transfer duties for the Fire Department Data System (Full Time IT Position) • Develop a Fire Inspection Manual • Involve the City Attorney's Office for Enforcement Actions Round Rock Fire Department Data System • Make the half time IT position full time (salary $63,164) • Coordinate information from Dispatch and Fire Department • Oversee Record Management software • Training on software applications • Data collection and analysis • GIS position for CAD mapping-Assist City GIS team Training Division • Construction of a fire training facility • Adjust Training Policies" • Battalion.Chief as the Round Rock Fire Department Training Officer • Captain as Assistant Training Officer (promotes continuity, professional development) • Hire an Education Specialist - $55,596 • Delete both Lieutenant's positions from the Training staff • Provide Sufficient Overtime Funding in Support of Training Objectives and Goals Round Rock Volunteer Fire Department • Develop a Formal Agreement between the City and Round Rock Volunteer Fire Department • Incorporate into RRFD • Under the direction and control of a Fire Captain 1. Training program 2. Wellness program 3. Cleaning and maintenance of apparatus, tools, equipment, and facilities 1 0. FEBRUARY 16, 2005 • Citizen Corp • CERT Resource Deployment - RRFD Recommended Response Times • Dispatch Time, i.e., elapsed time from the time the call is received at the City's Public Safety Answering Point (PSAP) to the completion of dispatch of all first alarm resources: within one (1) minute, of a call receipt at the PSAP, all units to be dispatched to an alarm of a structure fire of EMS alarm should be notified for 90% of all structure fire and EMS alarms. Structure Fire Responses: • Within six (6) minutes, from time of alarm receipt at the Public Safety Answering Point (PSAP): The first arriving fire fighting unit to arrive at 80% or more of"in- city" structure fires with a minimum of 3 personnel and apparatus meeting NFPA Standard 1901. • Within ten (10) minutes, from time of alarm receipt at the Public Safety Answering Point (PSAP): Sufficient fire fighting units to arrive at 80% or more of "in-city" structure fires, to provide a minimum of fourteen (14) personnel, including an Incident Commander and an apparatus group equivalent to 2003 edition of NFPA 1901, Chapter 5 and Chapter 8. EMS Alarm Responses: • Within six (6) minutes, from time of alarm receipt at the Public Safety answering Point (PSAP): First arriving RRFD unit to arrive at 80% of"in-city" EMS Alarms with a minimum of two (2) personnel. Coverage Issues • North-15 minute response-Chandler Road area west to Vista Oaks and east to HEC area. • East-10 - 11 minutes response into Forest Creek Golf Course. 1. Station locations 2. Dispatch procedures 3. Rapid response vehicles Tools • Rescues • Quints • Trucks • Engines Benchmark • The ability to fight two (2) structure fires simultaneous. Deployment Priority: Vehicles $2.24 mil 2 Stations (#2 & 7) $3.2 mil Total $5.4 mil Bonds <$2.4 mil> Needed $3.0 mil 9. Water Issues/Certificate of Convenience and Necessity Tom Clark gave the following presentation. Water Issues and CCN He noted that some points that need to be discussed as to how staff should proceed. • • Accessing the Travis water supply options and other long-term water supply related issues. • Certificate of Convenience and Necessity (CCN) issues with Jonah Special Utility District service area overlapping jurisdictions in Round Rock ETJ. Mr. Clark outlined the following points. LCRA/BRA (Lake Travis)-City of Austin • First phase very expensive because of deep-water intake designed for.300 MGD. • Round Rock would have to build or participate in other pipelines and storage facilities to deliver the water-yet to be determined. • Additional treatment required because Austin softens its water. FEBRUARY 16, 2005 LCRA/BRA (Lake Travis)-City,of Cedar Park • Can be phased in . • Intake would have to be moved to deeper water in 2030-would be expensive but could partner with LCRA/Leander to share cost. • Round Rock would be the bigger partner in the Cedar.Park System. • ROW corridors would need to be established immediately. Action Plan • BRA to find a way to make Stillhouse 7,000 acre feet long term firm yield. • Pursue additional Travis water. • _ Feasibility Study to determine best approach for accessing Colorado Water Acquire additional 2,540 plus 4,000-acre feet if available from other Customers or through legislation. • Aggressive water conservation to reduce per capita usage (at build out population of 250,000 for every 1 gallon per capita reduction = 280 acre feet per year savings). • Combination of all the above Jonah Joint Certification in ETJ • Control growth in ETJ and provide service for 130 interchange. • Sewer service • Jonah's ability to serve • Single provider more desirable for growth • Their maintenance in our city streets • Round Rock and Jonah would share service in the joint area. • If Round Rock annexes and extends service, Jonah will cease serving • Jonah would extend water line to its delivery point(s) at its expense • Round Rock will treat and deliver Jonah water, which is under contract with BRA for a fee to be negotiated Jonah Joint Certification in ETJ Status • Deal points have been developed by staff • Working on draft water rate • Jonah has contracted HDR for water modeling • Meetings will be scheduled in the coming weeks 9. Capital Improvement Program Priority Cindy Demers made the following presentation Project Criteria • Project must be included on strategic planning document • Project must be item for which the city would normally issue long-term debt - Cost greater than $50,000 - Longer than 5 years Funding for immediate strategic priority projects recommendation: • Completion of department strategic plans - Spring 05 • City staff process to rand and prioritize new projects - Spring 05 • Begin allocation of funding to identified projects - May 05 • New projects incorporated in 5 year CIP and presented to Council during annual budget process • Review and update project priorities annually - Have $5 million is self-finance construction fund balance • Recommended expenditures for strategic projects at this point - $3 million - Fire Station No. 7 and apparatus - $2million - Golf Course Loan - $1 million 11. Capital Metro • This item was not addressed at this time. A presentation will be given by staff at a later date. ADJOURNMENT: There being no further business, the meeting adjourned at 5:00 p.m. Respectfully submitted, &ud�'iuk.0&htjt� Christine R. Martinez, City Secretar 12 FEBRUARY 24, 2005 The Round Rock City Council met in Regular Session on Thursday, February 24, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem McGraw called the regular session to order and chaired the meeting until Mayor Maxwell's arrival, which occurred during Citizens Communication. PLEDGE OF ALLEGIANCE • Mayor Pro-tem McGraw led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, CouncilmeMber Joe Clifford, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Tom Nielson was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Pro-tem McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmember present and addressed the following item. PROCLAMATIONS: S.A. Consider proclaiming the week of February 21-27, 2005 as Sertoma Freedom Week. Mayor Pro-tem McGraw read the following proclamation and presented it to representatives of Round Rock 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 Organization with the Motto "Service to Mankind" has adopted an annual "Freedom Week" during National Heritage Month dedicated to the reaffirmation of the values and responsibilities of man in a free Society, and WHEREAS, the Sertoma Club of Round Rock plans to carry out special Bill of Rights activities at many Round Rock Independent School District elementary schools during Freedom Week; and WHEREAS, it seems proper and fitting to accord official recognition to this patriotic movement, NOW, THEREFORE, We, the Round Rock City Council by virtue if 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 21 through February 27, 2005 as "SERTOMA FREEDOM WEEK" in the City of Round Rock and urge all citizens to support the objective of this week. PROCLAIMED this 24th day of February 2005. CITIZENS COMMUNICATIONS: Steve Kays, Chairman of the Round Rock Mayor's Fitness Council, announced that their"First Step to Fitness" event would be held on March 5, 2005 at the Dell Diamond from 9:00 a.m. to 3:00 p.m. The event begins at 8:00 a.m. with a 30-minute walk. Alicia Carlile &Jesus Franco, Round Rock Senior Citizens Foundation, announced that • the 10th annual Daffodil Festival will be held on Saturday, March 19, 2005. Efrain Davila, Val Valesquez, and Gordon Perez, members of EI Amistad Club, announced that that their annual Fiesta Amistad will be held May 28-30, 2005. The following individuals expressed their support for the Southwest Downtown Plan. Peggie Fink, 201 W. Bagdad Nelson Nagle, 400 W. Main Street 13 FEBRUARY 24, 2005 John Moman, 1701 Johnson Way The following individuals who live in the Meadows at Chandler Creek, which is, located outside the city limits but in the City's extra-territorial jurisdiction expressed their Y J P concern regarding the quality of the builder for:-KB Homes and how KB Homes are financed. David Ross, 1330 Water Spaniel Way • Rana Aljibouri, 1204 Water Spaniel Way Natalie Shanks, 1109 Terrier Cove Kimberly Leto, 1208 Champion Drive CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion with no discussion. Item 8A7 was removed from the consent agenda and addressed in its normal sequence of the agenda. *7.A. Consider approval of the City. Council minutes for February 10, 2005 and December 2, 2004. *8.A.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest III, Village III Subdivision. (Second Reading) *8.A.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mayfield Ranch Subdivision, Phase III. (Second Reading) • *8.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Rainbow Parke Subdivision. (Second Reading) *8.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sandy Brook Subdivision, Section 6. (Second Reading) *8.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 11 & 12. (First Reading) *8.A.6. Consider an ordinance authorizing the replacement of yield signs with stop signs at various downtown streets. (First Reading) *8.A.7. Consider an ordinance to place "15 Minute Parking" signs on Main Street at the southwest corner of its intersection with Lampasas Street for a distance of 20 feet and to remove two existing fifteen minute parking zones. (First Reading) This item was addressed in its normal sequence''of the agenda. • *8.13.1. Consider an ordinance amending Chapter 1, Code of Ordinances, (1995 Edition) to add Section 1.3400, Special Events. (Second Reading) *8.13.2. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3500, Blockparties. (Second Reading) *8.13.3. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3600, Parades. (Second Reading) 14 FEBRUARY 24, 2005 *8.C.3. Consider an ordinance concerning an exception to Chapter 10 Section 10.204, Code of Ordinances, for Water and Wastewater Impact fees for Sonoma Subdivision, Section 12. *9.A.1. Consider a resolution authorizing a property tax refund to Conn's Electronic Co. for 2003 in the amount of $707.15. *9.C.2. 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 annual Texas Road Rash Inline Skating Marathon. *9.D.2. Consider a resolution authorizing the Mayor to execute an Election Services Contract with the Williamson County Elections Administrator and the Round Rock Independent School District to conduct the May 7, 2005 Election. *9.E.1. Consider a resolution authorizing the closing of Harrell Parkway, Aten Loop and a portion of CR 113 on March 12, 2005 for the annual Three-Legged Willie 13-K Run. *9.E.2. Consider a resolution authorizing the closing of a portion of Bagdad Avenue on March 19, 2005 for the annual Daffodil Festival. *9.E.3. Consider a resolution authorizing the closing of a portion of Main Street, Lampasas Street, and Sheppard Street from May 28, 2005 through May 30, 2005 for the annual EI Amistad Fiesta. • *9.E.4. Consider a resolution authorizing the closing of portions of Harrell Parkway, Aten Loop, T.C. Oates Lane on March 20, 2005 for the annual Texas Road Rash Inline Skating Marathon. *9.E.5. Consider a resolution authorizing the closing of a portion of Main Street on February 26, 2005 for the annual Opening Day Parade for the Sam Bass of Round Rock Youth Baseball League. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson • ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance for Item 8C3 with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell FEBRUARY 24, 2005 Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the City Council minutes for February 10, 2005 and December 2, 2004. This item was approved under the consent agenda. • ORDINANCES: *8.A.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Lake Forest III, Village III Subdivision. (Second Reading) This item was approved under the consent agenda. Stop signs will be placed on Timber Creek Cove at Collingwood Drive, on Cliffside Cove at Collingwood Drive, on Tofino Cove at Collingwood Drive. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE LAKE FOREST III, VILLAGE III SUBDIVISION AS STOP INTERSECTIONS: TIMBER CREEK COVE AT COLLINGWOOD DRIVE, CLIFFSIDE COVE AT COLLINGWOOD DRIVE, AND TOFINO COVE AT COLLINGWOOD DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Village at Mayfield Ranch Subdivision, Phase III. (Second Reading) This item was approved under the consent agenda. Stop signs will be placed on Shell Castle • Lane at Pine Needle Circle, on Shell Castle Lane at Dolomite Trail, and on Dolomite Trail at Pine Needle Circle. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE VILLAGE AT MAYFIELD RANCH SUBDIVISION, PHASE III AS STOP INTERSECTIONS: SHELL CASTLE LANE AT PINE NEEDLE CIRCLE, SHELL CASTLE LANE AT DOLOMITE TRAIL, AND DOLOMITE TRAIL AT PINE NEEDLE CIRCLE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Rainbow Parke Subdivision. (Second Reading) This item was approved under the consent agenda. Stop signs will be placed on Mickey Mantle Place at CR 122, on Rainbow Cove at Rainbow Parke Drive, on Rainbow Parke Drive at Alexandria Way, on Alexandria Way at Rainbow Parke Drive, on Alexandria Way at Mickey Mantle Place, on Rainbow Parke Drive (Northbound) at Mickey Mantle Place, and on Rainbow Parke Drive (Southbound) at Mickey Mantle Place (east and west locations) • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE RAINBOW PARKE SUBDIVISION AS STOP INTERSECTIONS: MICKEY MANTLE PLACE AT CR 122, RAINBOW COVE AT RAINBOW PARKE DRIVE, RAINBOW PARKE DRIVE AT ALEXANDRIA WAY, ALEXANDRIA WAY AT RAINBOW PARKE DRIVE, ALEXANDRIA WAY AT MICKEY MANTLE PLACE, AND RAINBOW PARKE DRIVE AT MICKEY MANTLE PLACE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sandy Brook Subdivision, Section 6. (Second Reading) This item was 16- FEBRUARY 24, 2005 approved under the consent agenda. Stop signs will be placed on North Haynie Bend at Sandy Brook Drive, on South Haynie Bend at Sandy Brook Drive, and on Holden Drive at Haynie Bend. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE SANDY BROOK SUBDIVISION, SECTION 6 AS STOP INTERSECTIONS: HAYNIE BEND AT SANDY BROOK DRIVE, AND HOLDEN DRIVE AT HAYNIE • BEND; PROVIDING FOR A SAVINGS.CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.5. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 11 & 12. (First Reading) This item was approved under the consent agenda. Stop signs will be placed on Rosemount Cove at Rosemount Dr., on Vinwood Cove at Rosemount Dr., and on Ravenwood Dr. at Rusk Road. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE SONOMA SUBDIVISION, SECTIONS 11 AND 12 AS STOP INTERSECTIONS: ROSEMOUNT COVE AT ROSEMOUNT DRIVE, VINWOOD COVE AT ROSEMOUNT DRIVE, AND RAVENWOOD DRIVE AT RUSK ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.6. Consider an ordinance authorizing the replacement of yield signs with stop signs at various downtown streets. (First Reading) This item was approved under the consent agenda. Yield signs will be replaced with stop signs on South Sheppard Street at East Bagdad Avenue, South Lampasas Street at East Bagdad Avenue, and North Lampasas • Street (north and southbound) at East Liberty Avenue. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF SHEPPARD STREET AT BAGDAD AVENUE, LAMPASAS STREET AT BAGDAD AVENUE, AND LAMPASAS STREET AT LIBERTY AVENUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.A.7. Consider an ordinance to place "15 Minute Parking" signs on Main Street at the southwest corner of its intersection with Lampasas Street for a distance of 20 feet, and to remove two existing fifteen minute parking zones. (First Reading) This item was removed from the consent agenda and addressed by Tom Martin, Transportation Services Director. These signs will allow designation of two parking spaces for limited time use to promote commerce of downtown businesses. The City Manager received a request from the owner of the Kelley Cleaners regarding the need for limited time parking adjacent to their • business to allow customers to pickup and drop off cleaning. Based on the review of the owner's concern and existing parking patterns in the downtown area, staff recommended establishment of the two parking spaces adjacent to Kelley Cleaners for 15-minute use. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1817, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH A FIFTEEN MINUTE PARKING ZONE ON A PORTION OF EAST MAIN STREET, AND TO REMOVE TWO EXISTING FIFTEEN MINUTE PARKING ZONES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. , 17 FEBRUARY 24 2005 MOTION: Councilmember Knight moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem ;McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe is Nays: Mayor Maxwell Absent: Councilmember Nielson ACTION: The motion carried unanimously. *8.B.1. Consider an ordinance amending Chapter 1, Code of Ordinances, (1995 Edition) to add Section 1.3400, Special Events. (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 1, ADDING SECTION 1.3400 REGARDING SPECIAL EVENTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.B.2. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3500, Blockparties. (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 1, ADDING SECTION 1.3500 REGARDING BLOCKPARTIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8.B.3. Consider an ordinance amending Chapter 1, Code of Ordinances (1995 Edition) to add Section 1.3600, Parades. (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 1, ADDING SECTION 1.3600 REGARDING PARADES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 8.B.4. Consider an ordinance amending Chapter 3, Section 3.1412, Code of ordinances (1995 Edition) regarding the regulation of outdoor signs in the City's extraterritorial jurisdiction. (First Reading) Steve Sheets, City Attorney made the staff • presentation. The City's current sign regulations are enforced in the City's entire extraterritorial jurisdiction (ETI) including all the Municipal Utility Districts (MUD's). Last year the owners of the Mansions on the Green apartments located in Brushy Creek MUD filed a lawsuit challenging the City's authority to regulate their signs in the City's ETI. This ordinance would amend Section 3.1412 so that the sign regulations would not be enforced in the Brushy Creek MUD, except for that portion that is within 150" of the public right-of- way of RM 620. If the ordinance is adopted, the owners of the Mansions on the Green would dismiss their lawsuit against the City. l �- FEBRUARY 24, 2005 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 3.1412 REGARDING THE REGULATION OF OUTDOOR SIGNS IN THE CITY'S EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Nays: Mayor Maxwell Absent: Councilmember Nielson ACTION: The motion carried unanimously. 8.C.1. Consider an ordinance adopting the Southwest Downtown Plan. (First Reading) Mayor Pro-tem McGraw disclosed that he does not own property in this area but has a business dealing with one of the properties that abut the area of the Southwest Downtown Plan and will abstain from discussion and vote on this item. Councilmember Clifford disclosed that he owns a business in the area of the Southwest Downtown Plan and will abstain from discussion and vote on this item. Joe Vining, Executive Director of Community Development made the staff presentation. The Southwest Downtown Plan is a proposed amendment to the General Plan. • It presents recommendations to revitalize and enhance the Southwest Downtown area of Round Rock. This area is bounded by IH-35 to the West, Round Rock Avenue to the North, Mays Street to the East, McNeil Road to the Southeast, and Lake Creek to the Southwest. With the construction of the Municipal Office Complex and plans for street improvements and utility upgrades, the Plan Area is changing significantly. In addition, many of the once single-family residences have been converted into offices. The Southwest Downtown Plan seeks to accommodate change in the area while: • Incorporating public input in the planning process • Revitalizing the district's infrastructure, including streets, curbs, sidewalks, utilities and drainage • Accommodating existing single-family residences by examining the compatibility of land uses • Providing for new uses and for the redevelopment of existing buildings • Increasing public and private parking • Protecting and enhancing the special character of the area • Creating a pedestrian friendly environment Elements of the Southwest Downtown Plan include: • • Public Participation • Proposed Mixed-Use Zoning District • Streets & Infrastructure • Parking • Design • Recommendations & Implementation Proposed Mixed-Use (MU-1) Zoning District: • New zoning district to promote a mixture of residential.& commercial uses • Relaxed setbacks & parking standards • Compatibility standards to protect existing single-family residences 19: FEBRUARY 24, 2005 Streets & Infrastructure: • 347 on-street parking spaces • Curbs and sidewalks • Street trees • Utilities and drainage • Proposed street layout changes 1. Extend Main Street to IH-35 frontage road. 2. Redesign Round Rock Avenue- Liberty-Mays Intersections. 3. Extend Harris Street north to intersect with Round Rock Avenue. • Components of Parking Plan: • Create on-street parking. • Provide on-site parking for the Municipal Office Complex. • Residential uses provide parking on-site. • Adopt new parking requirements: 1. Credit for existing building footprint's parking requirement 2. 1:200 for restaurants 3. 1:400 for all other non-residential uses • Locate public parking lots. Design - Civic and Building: • Ensure compatibility between uses and for existing single-family residences through building design standards. • Keep buildings to a "residential scale". • Preserve large trees. • Create a pedestrian-friendly environment. • Provide recommendations for design that can be incorporated into an ordinance. Implementation: • Adoption of the Southwest Downtown Plan as an amendment to the General Plan. • Adoption of a mixed-use zoning district - Spring 2005. • Revise historic sign ordinance. • Implement parking plan policies. • Identify & determine policies concerning preservation of"heritage" trees in the Plan Area. • Implement the street improvement plan. The planning process began with a survey of neighborhood residents, property owners, and business owners, which formed the basis for topics selected for discussion in eleven neighborhood workshops held from June 2003 through September 2004. The process culminated with an open house to present a draft of the Southwest Downtown Plan to the neighborhood in November 2004. The Plan was recommended by the Planning and Zoning Commission for adoption by the City Council at their January 2005 meeting. No members of the public spoke against the Plan at the Planning and Zoning Commission meeting on January 12, 2005 or at the Council meeting on February 10, 2005. Staff recommended adoption of the plan. ORDINANCE NO. • AN ORDINANCE ADOPTING THE SOUTHWEST DOWNTOWN PLAN PURSUANT TO 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; 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: Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 20 FEBRUARY 24, 2005 Abstained: Mayor Pro-tem McGraw Councilmember Clifford Absent: Councilmember Nielson ACTION: The motion carried with 4 ayes and 2 abstentions. MOTION: Councilmember Coe 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 Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Abstained: Mayor Pro-tem McGraw Councilmember Clifford Absent: Councilmember Nielson ACTION: The motion carried with 4 ayes and two abstentions. 8.C.2. Consider an ordinance approving a variance for Conan's Pizza to permit the sale of alcoholic beverages. (First Reading) Susan Brennan, Principal Planner made the staff presentation. Conan's Pizza is seeking a variance to permit the sale of wine and beer at its location at 1205 Round Rock Avenue. City Ordinance requires a minimum 300-foot separation between the property line of a school and the front door of an establishment serving alcoholic beverages. This location was previously occupied by Pizza Hut, which-sold beer and wine. The distance from the Round Rock High School property line and the front door of Conan's Pizza is approximately 139 feet. • Beer and wine is sold at the following locations within 300 feet of the school property. • Convenience store, 118 feet west of school • Convenience store, 237 feet north of school Hao Hao's Restaurant, located 290 feet east of the entrance to Conan's Pizza, does not sell wine or beer. In response to Council's question, representatives of Conan's Pizza said that they have been in the current location for about two years. The Council expressed their concern of alcoholic beverages being sold in such close proximity to the high school especially since the other food establishments in the same retail center do not sell alcoholic beverages. ORDINANCE NO. AN ORDINANCE GRANTING A VARIANCE TO THE PROVISIONS OF CHAPTER 1, SUBSECTION 1.803(4) CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO • ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A LOCATION WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. The following motion was made so the Council could discuss this item. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Knight seconded the motion. ij FEBRUARY 24, 2005 21 The Council expressed concerns about the sale of alcoholic beverage so close to the school and why the owner decided two years later that they wanted to sell alcoholic beverages. Following is the vote for the motion. VOTE: Ayes: None • Nays: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Absent: Councilmember Nielson ACTION: The motion failed. *8.C.3. Consider an ordinance concerning an exception to Chanter 10, Section 10.204, Code of Ordinances (1995 Edition) for Water and Wastewater Impact fees for Sonoma Subdivision, Section 12. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING AN EXCEPTION TO CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS FOR IMPACT FEES FOR CERTAIN PROPERTY LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • RESOLUTIONS: *9.A.1. Consider a resolution authorizing a property tax refund to Conn's Electronic Co. for 2003 taxes in the amount of $707.15. 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, Conn's Electronic Co. has made an overpayment or erroneous payment of 2003 taxes in the amount of $707.15; 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 $707.15. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 9.A.2. Consider a resolution approving the issuance of $1,300,000 Combination Unlimited Tax and Revenue Refunding Bonds, Series 2005 by the Meadows of Chandler Creek Municipal Utility District. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. The District is in the extraterritorial jurisdiction (ETJ) of the 22 FEBRUARY 24, 2005 City of Round Rock and, therefore, the City's approval is required prior to the sale of bonds. The District has 1,416 active single-family connections with an estimated District population of approximately of 5,100. The District is selling $1,300,000 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 un-issued bonds, at this time the district does not expect to sell any • additional bonds for capital improvements. Texas Commission of Environmental Quality 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. 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 1999, dated July 1, 1999, in the original aggregate principal amount of $1,410,000 (the "1999 Bonds"), of which an aggregate principal' amount of $1,300,000 remains outstanding, and WHEREAS, the District proposes to issue bonds (the "Series 2005 Bonds") to refund all of the remaining outstanding 1999 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 2005 Bond Order and requested approval of the District's Series 2005 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 2005 Bonds in an amount not to exceed $1,300,000 is hereby approved. 2. The City Council approves the substantial draft of the 2005 Bond Order and Preliminary Official Statement for the Series 2005 Bonds, the form and substance of which are attached as Exhibit "A", which is incorporated by reference hereto. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open, to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February 2005. • MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. 23, FEBRUARY 24, 2005. 9.B.1. Consider a resolution authorizing the Mayor to execute an amended Advance Funding Agreement with the Texas Department of Transportation for the I-35 area Improvements - Chandler Road to Westinghouse Road. Tom Martin, Transportation Director made the staff presentation. In order for the City to formalize the agreement with The Texas Department of Transportation (TxDOT) concerning the additional work requested, • it is necessary that the previously executed Advance Funding Agreement (AFA) of October 26, 2004 be amended to reflect the new commitments by TxDOT. The original AFA was,for the construction of a turnaround structure at Chandler Road, widening of the northbound frontage road from Chandler Road to the north boundary of the Simon/Chelsea Property, reversing of the exit and entrance ramps at Chandler Road as well as other required improvements. The additional work includes the construction of a northbound to southbound turnaround structure at Westinghouse Road, widening of the Chandler Road Bridge over IH- 35 to include turn lanes both eastbound and westbound and extending the widening of the northbound frontage road from the Simon-Chelsea Property Line to Westinghouse Road. Funding,for this project is as follows: Total Cost - $9,500,000 City of Round Rock - $6,000,000 TxDOT - $3,500,000 • RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock has previously entered into an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No.;Required Match ("Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding IH-35 frontage roads and Chandler Road turnaround structures, and WHEREAS, the City now wishes to amend said Agreement to include additional work, Now Therefore BE IT RESOLVED BY 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 amended Agreement, a copy of same being attached hereto as Exhibit ("A") and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of February 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Knight seconded the motion. VOTE: Ayes: Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 24 FEBRUARY 24, 2005 9.C.1. Consider a resolution authorizing the Mayor to execute a contract with Manley Contracting for park improvements at High Country Park. James Hemenes, Parks and Recreation, made the staff presentation. The High Country Park Project is a limited park development that will include a'playground, walking trail, basketball court and various site amenities. This portion of the project is to fund the beginning construction of the playground, a basketball court, and other small amenities in the Park. Numerous meetings • have been held with the Flower Hill I and II HOA's over the past year. Many comments were received on the project and adaptations were made to the design to satisfy the concerns and issues of the neighborhood. The total cost of the contract is $148,000.00, and the cost of this portion of the project is $50,126.60. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for park improvements at High Country Park, and WHEREAS, Manley Contracting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Manley Contracting, Now Therefore BE IT RESOLVED BY THE 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 Manley Contracting for park improvements at High Country Park. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 24th day of February 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. *9.C.2. 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 annual Texas Road Rash Inline Skating Marathon. This item was approved under the consent agenda. 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 northernmost lane of US 79 from County Road 122 to Harrell Parkway be closed on March 20, 2005 from 7:15 o'clock a.m. to 11:30 o'clock a.m. 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 25 FEBRUARY 24, 2005 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 24th day of February 2005. 9.D.1. Consider a resolution calling the May 7, 2005 Election. This resolution calls the May 7, 2005 joint City of Round Rock and Round Rock Independent School District Election. This election is to elect a Mayor, Councilmember, Place 1 and Councilmember, Place 4. Early voting locations will be at the Robert G. & Helen Griffith Public Library, RRISD Administration Building, United Heritage Conference Center, Clay Madsen Recreation Center, Noel Grisham Middle School and Brushy Creek MUD Office. Early Voting dates and times: April 20 & 22, 2005 (Wednesday & Friday) 8:00 a.m. - 5:00 p.m. April 23, 2005 (Saturday) 8:00 a.m. -12:00 noon April 25 - April 29, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m. April 30, 2005 (Saturday) 10:00 a.m. - 6:00 p.m. • May 2 - May 3, 2005 (Weekdays) 7:00 a.m. - 7:00 p.m. Brushy Creek MUD Office - Part-time Friday, April 29, 2005 8:00 a.m. - 5:00 p.m. Saturday, April 30, 2005 10:00 a.m. - 6:00 p.m. Monday, May 2, 2005 7:00 a.m. - 7:00 p.m. Tuesday, May 3,_.2005 7:00 a.m. - 7:00 P.M. The polls will be open on Election Day from 7:00 a.m. to 7:00 p.m. Polling places will be 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. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION ON MAY 7, 2005 FOR THE PURPOSE OF ELECTING CERTAIN CITY OFFICIALS; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; AND PROVIDING FOR OTHER MATTERS RELATING TO SUCH CITY ELECTION. WHEREAS, the City Council of the City of Round Rock; Texas, wishes to order a city • election on May 7, 2005 for the purpose of electing a Mayor, Councilmember Place 1, and Councilmember Place 4; and WHEREAS, the City Council has determined that May 7, 2005 is the appropriate date for holding such election; and WHEREAS, the City Council wishes to encourage all registered voters in the City of Round Rock to vote in City elections; and WHEREAS, it has been determined that Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, Old Town Elementary School, and Wells Branch Elementary School 'Would be easily accessible to voters in the City of Round Rock on election day as election day polling places; and WHEREAS, it has been further determined that early voting polling places will be at Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, Noel Grisham Middle School, Clay Madsen Recreation Center, 26 FEBRUARY 24, 2005 United Heritage Conference Center, and Brushy Creek Municipal Utility District Office; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. 1. An election shall be held on Saturday, May 7, 2005 in accordance with the attached Order of Election, which Order of Election is labeled as Exhibit "A" and incorporated herein by reference for all purposes. The City of Round Rock hereby designates the election precincts and polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. Further, the City of Round Rock hereby designates • the early voting polling places and the temporary polling places and part-time polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. 2. Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, Old Town Elementary School, and Wells Branch Elementary School are hereby designated as the official election day polling places; and Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, Noel Grisham Middle School, Clay Madsen Recreation Center, United Heritage Conference Center, and Brushy Creek Municipal Utility District Office are hereby designated as the official early voting polling places for the May 7, 2005 City Council election; that the main early voting polling place is hereby designated to be the Robert G. & Helen Griffith Public Library, 216 East Main Street, Round Rock, Texas; and that the polling places and voting hours are as detailed in the attached Order of Election. 3. For such election, the City of Round Rock hereby appoints the election judge(s) and alternate election judge(s) appointed by Williamson, County, Texas and designated by John Willingham, Williamson County Elections Administrator. 4. Early voting shall be conducted by personal appearance and by mail at the following places: Robert G. & Helen Griffith Public Library, 216 East Main Street, Round Rock, Texas; Round Rock Independent School District Administration Building, 1311 Round Rock Avenue, Round Rock, Texas; Noel Grisham Middle School, 10805 School House Lane, Austin, Texas; Clay Madsen Recreation Center, 1600 Gattis School Road, Round Rock, Texas; and United Heritage Conference Center, 3400 East Palm Valley Boulevard, Round Rock, Texas; and/or at such other places as shall be designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson • County Commissioners Court. During the period in which early voting is required or permitted by law, that being April 20, 2005 through May 3, 2005 exclusive of Sundays, the hours being designated for early voting by personal appearance shall be as follows: Robert G. & Helen Griffith Public Library Round Rock Independent School District Administration Building Noel Grisham Middle School Clay Madsen Recreation Center United Heritage Conference Center April 20 - April 22, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m. April 23,. 2005 (Saturday) 8:00 a.m. - 12:00 noon April 25 - April 29, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m. April 30, 2005 (Saturday) 10:00 a.m. - 6:00 p.m. May 2 - May 3, 2005 (Weekdays) 7:00 a.m. - 7:00 p.m. Further, early voting shall be conducted by personal appearance on a part-time basis at the Brushy Creek Municipal Utility District Office, 16318 Great Oaks Drive, Round Rock, Texas, and/or at such other places as shall be designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court. During the period in which early voting is required or permitted by law, that being April 20, 2005 through May 3, 2005 exclusive of Sundays, voting will be conducted at this voting location on April 29, 2005, April 30, 2005, May 2, 2005, and May 3, 2005 as follows: Brushy Creek Municipal Utility District Office April 29, 2005 (Friday) 8:00 a.m. - 5:00 p.m. April 30, 2005 (Saturday) 10:00 a.m. - 6:00 p.m. • May 2, 2005 (Monday) 7:00 a.m. - 7:00 p.m. May 3, 2005 (Tuesday) 7:00 a.m. - 7:00 p.m. Early voting clerks shall keep the early voting places open during all such hours for early voting by personal appearance. The Early Voting Clerk and manager of the central counting station shall be John Willingham, Williamson County Elections Administrator, and he shall appoint additional clerks as necessary to assist in early voting. The Early Voting Clerk's official address is Williamson County Elections Administrator, Post Office Box 209, Georgetown, Texas, 78627-0209, and the telephone number is (512) 943-1630. 5. Pursuant to the Election Code and the applicable Election Services Contract, John Willingham shall be appointed as Custodian of Election Records. 6. All resident, qualified electors of. the City of Round Rock, Texas shall be entitled to vote at the election. 7. Notice of this election shall be; given in accordance with V.T.C.A., Election Code §4.003(a)(1) by publishing notice. once in a newspaper published in the city or of � 27 � general circulation in the city. The date of such publication shall be not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before election day. The City Secretary is hereby authorized and directed to publish the required notice in the manner and for the time periods required by law. Q. Notice ofthis election shall also be given in accordance with V.T.C.A., Election Code §4.003(b) by posting a copy of the notice on the bulletin board used for posting notices of City Council meetings, and it ahn|| bib� posted no later than the twenty-first (21st) day before the date of the election and shall remain posted through election day. The City Secretary is hereby authorized and directed to post the required notice in _ the manner and for the time periods required by law. 9. In all pertinent respects, the election shall be conducted in accordance with applicable provisions of Election Code. II. A. All ordinances, resolutions, and parts of ordinances or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision ofthis resolution aho|| not invalidate other sections orprovisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and 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 24th day ofFebruary, 2005. MK]T{{}Ni Mayor Pro-tern McGraw moved to approve the resolution. Counoi|rnernber Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Counci|nlarnberOifford Counci|rnarnberKn|ght Counci|rnannberRhode Counci|rnannberCoe Mayor Maxwell Nays: None Absent: Cound|nlannberNie|son A[TD]N:' The motion carried unanimously. *9.D.2. Consider a resolution authorizing the Mavor to execute an Election Services Contract with theWilliamson County Elections Administrator and the Round Rock Indegendent School District to conduct the May 7, 2005 Election. This item was approved under the consent agenda. RESOLUTION 0D. _________ WHEREAS, the City of Round Rock wishes to enter into a contract with the VV|||ianoson County Elections Administrator to conduct the May 7, 2005 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 BEITRESOLVED GYTHE COUNCIL OFTHE CITY OFROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf ofthe City an Election Services Contract with the VVi||iornson County Elections Administrator to conduct the May 7, 2005 election, a copy/»fsaid 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 |avv at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required bythe Open Meetings Act, Chapter 5S1, Texas Government Code, as amended. RESOLVED this 34th day of February, 2005. *9.E.1. Consider a resolution authorizing the closing of Harrell Parkway, Aten Loop and a 12ortion of CR 113 on March 12, 2005 for the annual Three-Legged Willie 13-K Run. This item was approved under the consent agenda. RESOLUTION NO. ________ — 28 FEBRUARY 24, 2005 WHEREAS, the Parks and Recreation Department has requested that the following streets be closed on March 12, 2005 for the annual Three-Legged Willie 13 KM Distance Classic: Harrell Parkway from Highway 79 (Palm Valley Boulevard) to CR 113 from 7:45 a.m. to 10:30 a.m.; and Aten Loop from 7:45 a.m. to 8:45 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 Harrell Parkway and Aten Loop 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 February, 2005. *9.E.2. Consider a resolution authorizing the closing of a portion of Bagdad Avenue on March 19, 2005 for the annual Daffodil Festival. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Round Rock Senior Citizens Foundation has requested that the western half of the 200 block of East Bagdad Avenue be closed from 6:00 o'clock a.m. until 7:00 o'clock p.m. on March 19, 2005 for the annual Daffodil Festival, 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 Bagdad Avenue 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 February, 2005. *9.E.3. Consider a resolution authorizing the closing of a portion of Main Street, Lampasas Street, and Sheppard Street from May 28, 2005 through May 30, 2005 for the annual EI Amistad Club Fiesta. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the EI Amistad Club has requested that East Main Street from Mays Street to Burnet Street, Lampasas Street from Bagdad Avenue to Liberty Avenue, and Sheppard Street from Bagdad Avenue to Liberty Avenue be closed from 2:00 o'clock p.m. on May 28, 2005 until 2:00 o'clock a.m. on May 30, 2005, 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 24th day of February, 2005. *9.E.4. Consider a resolution authorizing the closing of portions of Harrell Parkway, Aten Loop, T.C. Oates Lane on March 20, 2005 for the annual 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 20, 2005 from 7:15 o'clock a.m. to 11:30 o'clock a.m. for the Texas Road Rash Inline Skating Marathon: .Harrell Parkway from Palm Valley Boulevard to 29 FEBRUARY 24, 2005 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 24th day of February, 2005. *9.E.5. Consider a resolution authorizing the closing of a portion of Main Street on February 26, 2005 for the annual Opening Day Parade for the Sam Bass of Round Rock Youth Baseball League. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Sam Bass of Round Rock Youth Baseball League, Inc. has requested that a portion of East Main Street, from Mays Street to 901 E. Main Street at the Sam Bass Baseball Fields, be closed for its annual Opening Day Parade on February 26, 2005, from 7:00 o'clock a.m. to 7:20 o'clock a.m., and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Main Street be closed as set forth above. The City Council hereby.finds and. declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings-Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of February, 2005. • 9.E.6. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for In-School Officers with the Round Rock Independent School District. Bryan Williams, Chief of Police made the staff presentation. This will resolution will allow the City to continue providing its citizens with safe and healthy school environments. Cost to be determined by the number of officers assigned to schools. This item was tabled by the in January 2005 to receive clarification of the payment schedule. In consultation with school district staff, city staff reviewed the payment structure and revised the payment schedule to incorporate semester-end billing. 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 for In School Officers with the Ro.Und Rock Independent School District to provide for the • reimbursement of salary and benefits expenses for In School Officers, Now Therefore BE IT RESOLVED BY 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 Agreement for In School Officers with the Round Rock Independent School District, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of February 2005. 30, FEBRUARY 24, 2005 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • Absent: Councilmember Nielson ACTION: The motion carried unanimously. 9.E.7. Consider a resolution authorizing the Mayor to execute an agreement with the Williamson County Humane Society, Inc. for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals. Lt. Bob Drawbaugh made the staff presentation. This agreement will allow the citizens of the City to continue receiving services for pet licensing, fee collections, boarding, rabies observation, and the reclamation of animals that have been impounded within the city limits. The cost is $100,000. In addition to the direct funding, this agreement provides for $50,000 in city-provided, in-kind services. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain services for pet licensing, fee collection, boarding, rabies observation, and the reclamation of impounded animals, and WHEREAS, the Williamson County Humane Society, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with the Williamson • County Humane Society, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement Between the Williamson County Humane Society, Inc. and City of Round Rock, Texas, a copy of 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 February, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:13 p.m. R spectfully Submitted, Christine R. Martinez, City Secretary 31 MARCH 10, 2005 The Round Rock City Council met in Regular Session on Thursday, March 10, 2005, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:15 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Joe Clifford, Councilmember Scot Knight, Councilmember Scott • Rhode and Councilmember Gary Coe. Councilmember Tom Nielson was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A. Consider a presentation regarding the status of Public Transportation Planning for the City of Round Rock. Tom Word, Chief of Public Works Operations made the staff presentation. City staff is evaluating potential plans for Public Transportation for the City. Mr. Word gave the following report concerning the development of the Transit Master Plan. Milestone 1 - Ridership Analysis Conclusion: Potential for current and future transit ridership exists based on CAMPO Travel Demand Model Analysis Milestone 2 - Alternative Service Plans and Vehicle Technologies • Two service plans carried forward for further analysis: -Fixed route concept -Demand response (door-to-door) concept • Vehicle technology recommendation: -Diesel Buses • *Lower cost to purchase *Lower cost to maintain Milestone 2 - Fixed Route Service Plan -Transit Centers/Shuttle Concept -Includes Express Route to/from Austin Milestone 3 - Institutional & Organizational Analysis -Recommendations *Create a transit department within the existing city governmental structure *Contract out transit operations Milestone 4 - Financial Plan • Initial results concluded only the Demand Response concept would be financially feasible • Revised Financial Plan developed to reflect: -Initial Transit System Plan *Demand Response *Connector Route to Capital Metro Express Route to Austin *Downtown Shuttle Route -Alternate funding options -Impact of potential Incremental Extension to planned Shopping Center and College Campus Revised Financial Plan-Funding Scenarios Estimated Annual Costs • Operations - $931 K • Initial Capital Program - $4.9 M -Vehicles - $612 k -Maintenance facility - $2 M -Transportation Center - $2.2 M -Shelters - $17 K -Bus Stop Signs - $7 K Local funding sources • $500k from city 1/z cent sales tax • $92k from fare revenue (assumed 10%) • $82 k from advertising revenue (buses and shelters) Potential Federal Funds Options 32 MARCH 10, 2005 FTA Section 5307 Funds • Scenario 1 - Round Rock Part of Austin Urbanized Area -Round Rock would receive a portion of funds designated for Austin Area (Capital Metro) -Round Rock's portion - $303k (Capital Metro Study) -Funds designed for Capital Program (80/20) *Can be used for preventative maintenance (30% of O&M); or *Can be used for contracting service (40% of 0&M) FTA Section 5307 Funds • Scenario 2 - Round Rock Reclassified as a Small Urbanized Area • -Round Rock would receive a portion of the State pool for Small Urbanized Areas -Distribution based on population & density -2003 Round Rock's portion - $706k -Funds can be used for Capital Program (80/20 split); or Operations (50/50 split) FTA Section 5309 Funds • Congressional Earmarks for Bus and Bus-related capital programs (80/20 split) • VERY Competitive program FTA Job Access Reverse Commute (JARC) Grant • Annual application process • Can be used for either operations or capital (50/50 split) • Grants range from $15k to over $500k Mr. Word outlined the graph regarding Conceptual Funding Scenarios 1 and 2 with Local Funds and Section 5307 Funds Only and Conceptual Funding Scenarios 3 and 4 with Section 5309 and Job Access Reverse Commute Grants. He added that Scenarios 3 and 4 require the smallest City contribution due to the 80/20 split on the capital program, assuming a 3.3% annual increase for the City's initial $500k contribution, both scenarios would be able to cover 0&M and Capital requirements over the 20 year cash flow analysis • Potential Incremental Expansion • Provide service to new mall and college campus • Operational impacts -Doubles length of Shuttle Route -Adds 30 hours of service per day -Requires 3 additional buses -Requires 2 additional shelters • Estimated Cost impacts -Increased O&M - $351k -Increases Capital - $162K • Estimated Additional Revenue -Fares - $35k -Advertising - $9k • City's Contribution -More than $200k annually for O&M and Capital Next Steps Complete Milestone 5 - Transit Master Plan Barry Goodman, of The Goodman Company provided additional information regarding the federal funding options. There being no additional presentations the work session at 6:55 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 Alan McGraw, Councilmember Joe Clifford, Councilmember Scot Knight, Councilmember Scott 33. MARCH 10, 2005 Rhode and Councilmember Gary Coe. Councilmember Tom Nielson was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. , CITIZENS COMMUNICATIONS: Alisha Carlisle and members of the Senior Citizens Foundation spoke on the upcoming Daffodil Festival scheduled for March 19 from 9:00 a.m. to 6:00 p.m. in the • downtown area. Frank Minicino, 1801 Warner Ranch Drive, expressed his opinion and concern regarding actions taken with his employment by the Texas Workforce Commission. PROCLAMATIONS: 8.A. Consider proclaiming March 19, 2005 as the loth Annual Daffodil Festival Celebration. Mayor Maxwell read the following proclamation and presented it to Alisha Carlisle and members of the Senior Citizens Foundation. WHEREAS, due to the hard work of the Round Rock Senior Citizens Foundation the City of Round Rock is now considered 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, every grassy spot in front of businesses, offices, and along the medians down Main Street will have daffodils pop up and say "Round Rock Welcomes You To The 10th Annual Daffodil Festival"; 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 NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim March 19, 2005 as the "10th 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 10th day of March 2005. PUBLIC HEARINGS: 9.A.1. Consider public testimony on community needs for the preparation of the 2005-2006 Community Development Annual Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The Code of Federal Regulations (CFR) 91.105 (e) requires that at least two public hearings per year be held to obtain citizens' views on community needs for the preparation of a consolidated plan. This is the fifth of seven public hearings being held to gain that input. The final public hearing will be held on March 31, • 2005 at Berkman Elementary School. The first five public hearings were held at the United Way with public service agencies on February 23 and March 3; March 3 at City Hall before the Community Development Advisory Commission; March 8 at the Round Rock Housing Authority Cushing Center; March 8 at CD Fulkes Middle School; and March 14 at the Round Rock Public Library. 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 2005. 34 MARCH 10, 2005 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. .9.13.1. Consider public testimony on the creation of the Forest Creek Drive Public Improvement District. Tom Martin, Transportation Services Director made the staff presentation. On or about December 10, 2004, a petition was received from the owners of a certain property within portions of the Round Rock Ranch Subdivision to create the Forest • Creek Drive Public Improvement District (PID). This District will levy assessments against real property within the Forest Creek Drive PID to pay for the costs of construction of portions of this road. Forest Creek Drive is a major arterial shown in the City's Transportation Master Plan. The City currently has a project to construct remaining portions of this facility between Rusk Road and the Lake Forest Subdivision. This project is being funded using 4B Corporation Funds and developer contributions made through Cost Sharing/Development Agreements. However, the portion of this project, through Round Rock Ranch, is proposed to be paid by means of a PID. The contract for this construction, in the amount of$2,969,564.65 was awarded by the City Council at the August 26, 2004 meeting. This public hearing is to receive public testimony on the advisability of these improvements and the creation of the PID. Mayor Maxwell opened the public hearing. There being no public testimony the public • hearing was closed. PRESENTATIONS: 10.A.1. Consider a presentation regarding the CAMPO Draft 2030 Transportation Plan. Michael Aulick, Executive Director of CAMPO outlined the Draft 2030 Transportation Plan. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion with no discussion. Item 13C1 was withdrawn from the consent agenda and addressed in its normal sequence on the agenda. *12.A.1. Consider approval of the City Council minutes for February 24, 2005 and December 1, 2004. *13.13.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 11 & 12. (Second Reading) *13.13.2. Consider an ordinance authorizing the replacement of yield signs with stop • signs on various downtown streets. (Second Reading) *13.13.3. Consider an ordinance to place "15 Minute Parking" signs on Main Street at the southwest corner of its intersection with Lampasas Street for a distance of 20 feet, and to remove two existing fifteen minute parking zones. (Second Reading) 3. 5= MARCH 10, 2005 *13.8.4. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances establishing a 45-mph speed zone on Old Settlers Boulevard from 750' east of Sunrise Road to FM 1460. (First Reading) *13.6.5. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on Kiphen Road from FM 1460 • to CR 122. (First Reading) *13.13.6. Consider an ordinance amending Chapter 9, Section 9.503 of the Code of Ordinances (1995 Edition) establishing school speed zones in the Behrens Ranch Subdivision. (First Reading) *13.C.1. Consider an ordinance amending Chapter 3, Section 3.1412, Code of Ordinances (1995 Edition) regarding the regulation of outdoor signs in the City's extraterritorial jurisdiction. (Second Reading) This item was removed from the consent agenda. MOTION: Councilmember Rhode moved to approve all the remaining items on the consent agenda. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12.A. Consider approval of the City Council minutes for February 24, 2005 and December 1, 2004. This item was approved under the consent agenda. ORDINANCES: 13.A.1. Consider an ordinance authorizing the Mayor to execute a franchise agreement with Pedernales Electric Cooperative (PEC). (First Reading] David Kautz, Assistant City Manager made the staff presentation. PEC has been serving electric power to a small area in western Round Rock (a portion of the Mayfield Ranch subdivision) since 2003. Staff has been negotiating a Franchise Agreement with Pedernales Electric • Cooperative and recommended approval of an agreement containing the terms that are listed below. 1. Term - January 1, 2003 through December 31, 2012 (ten years). 2. The agreement applies to electric power delivered to customers within the City. 3. Franchise Fee - $35,000 per year or 2% of gross receipts, whichever is greater; If company implements Customer Choice (i.e., participates in deregulation), the fee changes to $0.002788 per kWh delivered. 4. Franchise Fee paid quarterly 5. The agreement and fee schedule applies to any additional area annexed by the City, which is in the PEC service area. 36 MARCH 10, 2005 The currently known service area has approximately 250 residential accounts and may serve between 700 and 800 accounts. ORDINANCE NO. AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO PEDERNALES ELECTRIC COOPERATIVE, INC., AND ITS SUCCESSORS AND ASSIGNS, TO USE THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ROUND ROCK, TEXAS FOR THE DISTRIBUTION OF ELECTRIC POWER; PROVIDING FOR PERIOD OF GRANT; FOR METHOD OF ACCEPTANCE, FOR CONSIDERATION; FOR CONSTRUCTION AND RELOCATION OF SYSTEM FACILITIES; • FOR ASSIGNMENT; AND FOR REPEAL OF CONFLICTING ORDINANCES. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. *13.B.1. Consider an ordinance authorizing the placement of stop signs at various intersections in the Sonoma Subdivision, Sections 11 & 12. (Second Reading) This item was approved under the consent agenda. Stop signs will be placed on Rosemount Cove at Rosemount Drive, on Vinwood Cove at Rosemount Drive, on Ravenwood Drive at Rusk Road ORDINANCE NO. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE SONOMA SUBDIVISION, SECTIONS 11 AND 12 AS STOP INTERSECTIONS: ROSEMOUNT COVE AT ROSEMOUNT DRIVE, VINWOOD COVE AT ROSEMOUNT DRIVE, AND RAVENWOOD DRIVE AT RUSK ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.B.2. Consider an ordinance authorizing the replacement of yield signs with stop signs at various downtown streets. (Second Reading) This item was approved under the consent agenda. Yield signs will be replaced with stop signs on South Sheppard Street at East Bagdad Avenue, South Lampasas Street at East Bagdad Avenue, North Lampasas Street (north and southbound) at East Liberty Avenue. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF SHEPPARD STREET AT BAGDAD AVENUE, LAMPASAS STREET AT BAGDAD AVENUE, AND LAMPASAS STREET AT LIBERTY AVENUE; PROVIDING • FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.B.3. Consider an ordinance to place "15 Minute Parking" signs on Main Street at the southwest corner of its intersection with Lampasas Street for a distance of 20 feet, and to remove two existing fifteen minute parking zones. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1817, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH A FIFTEEN MINUTE PARKING ZONE ON A PORTION OF EAST MAIN STREET, AND TO REMOVE TWO EXISTING FIFTEEN 37 MARCH 10, 2005 MINUTE PARKING ZONES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.B.4. Consider an ordinance amending Chapter 9, Section 9.502 of the Round Rock Code of Ordinances establishing a 45-mph speed zone on Old Settlers Boulevard from 750' east of Sunrise Road to FM 1460. (First Reading) This item was approved under the consent agenda. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF OLD SETTLERS BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.B.5. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on Kiphen Road from FM 1460 to CR 122. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF KIPHEN ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.B.6. Consider an ordinance amending Chapter 9, Section 9.503 of the Code of Ordinances (1995 Edition) establishing school speed zones in the Behrens Ranch • Subdivision. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF WYOMING SPRINGS DRIVE, BEHRENS PARKWAY, AND GOLDENOAK CIRCLE AS :SCHOOL SPEED ZONES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.C.1. Consider an ordinance amending Chapter 3, Section 3.1412, Code of Ordinances (1995 Edition) regarding the regulation of outdoor signs in the City's extraterritorial jurisdiction. (Second Reading) This item was removed from the consent agenda. Steve Sheets, City Attorney made the staff presentation. There have been no changes since the first reading of the ordinance. This ordinance would amend Section 3.1412 so that the sign regulations would not be enforced in the Brushy Creek MUD, except for that portion that is within 150" of the public right-of-way,;_of RM 620. • ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 3.1412 REGARDING THE REGULATION OF OUTDOOR SIGNS IN THE CITY'S EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford. Councilmember Knight 33 MARCH 10, 2005 Councilmember Rhode Nays: Councilmember Coe Mayor Maxwell Absent: None ACTION: The motion carried with 5 ayes and 2 nays. RESOLUTIONS: 14.A.1. Consider a resolution approving a financial management policy for the City of Round Rock. Cindy Demers, Finance Director made the staff presentation. Because of the • City of Round Rock's continued and growing reliance on sales tax revenue for general fund operations and more specifically reliance on a single source of that sales tax revenue, a formalized financial management policy is necessary to comprehensively manage and communicate both the short and long-tem financial objectives of the City. This policy establishes limitations on the use of sales tax revenue derived from Dell Inc. for general fund operations and documents the City's fund balance policy. David Kautz, Assistant City Manager added that this management policy will not only manage growth, specifically the Dell sales tax funds. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to adopt a Financial Management Policy to manage sales tax revenues and to establish minimum reserve fund levels for the General Fund and the Utility Fund, and WHEREAS, the City wishes to adopt the attached Financial Management Policy, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Financial Management Policy, attached hereto as Exhibit "A". and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of March, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode. Councilmember Coe Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. • 14.B.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with The Goodman Company for the creation of a Transit Development Plan and associated financial strategy. Tom Word, Chief of Public Works Operations made the staff presentation. As one of the fastest growing cities in the Austin region, the City of Round Rock is facing many challenges such as increased pollution, traffic congestion, and travel time delays, which could negatively impact the quality of life for residents. Although the City has several improvements planned to mitigate future congestion concerns, interest `{ Sf 39 MARCH 10, 2005 has been raised in the implementation of new transit services above and beyond the current services offered by the existing demand-response service provider. In a recent "Section 5307 Allocation Strategy" report developed by The Goodman Corporation for Capital Metropolitan Transit Authority (CMTA), it became apparent that there is an opportunity to develop a comprehensive transit service and capital improvement strategy for the City that • takes advantage of locally committed resources (bond program) to help leverage federal and state funding. Significantly, because of the Section 5307 funding study and CMTA Board action, a framework now exists through which the City can access its fair share of federal support to assist in transit-related improvements. CMTA will require that the City develop a sound transportation implementation strategy and an associated financial plan. This agreement will build upon the Public Transportation planning already completed by P.B. Consult, Inc. for the City of Round Rock. The consulting services will relate to the creation of a strategic finance and implementation plan that will compliment existing transit recommendations previously developed for the City under contract with PB Consult, Inc. and embodied in the PB Consult Transit Plan (2003). The cost is as follows: $ 125,000 total cost $100,000 - Capital Metro Transit Authority (from Federal Section 5307 funding) $ 25, 000 - CORR-General Fund RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain professional consulting services for the creation of a Transit Development Plan and associated financial strategy, and WHEREAS, The Goodman Corporation has.submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with The Goodman Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with The Goodman 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 10th day of March, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. 14.B.2. Consider a resolution creating the Forest Creek Drive Public Improvement District. Tom Martin, Director of Transportation Services made the staff presentation. Forest Creek Drive is a major arterial shown in the City's Transportation Master Plan. The 40 MARCH 10, 2005 city currently has a project to construct remaining portions of this facility between Rusk Road and the Lake Forest Subdivision. This project is being funded using 4B Corporation Funds and developer contributions made through Cost Sharing/Development Agreements. However, the portion of this project, through Round Rock Ranch, is proposed to be paid by means of a PID. On or about December 10, 2004, a petition was received from the owners of certain property within portions of the Round Rock Ranch Subdivision to create the Forest • Creek Drive Public Improvement District (PID). This District will levy assessments against real property within the Forest Creek Drive Public Improvement District to pay for the costs of construction of portions of Forest Creek Drive. A public hearing was held earlier this evening to receive public testimony on the advisability of these improvements and the creation of the PID. The contract for this construction, in the amount of $2,969,564.65 was awarded by the City Council at the August 26, 2004 meeting. RESOLUTION NO. A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND ESTIMATED COSTS OF THE PROPOSED IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the City of Round Rock, Texas (the "City") to create one or more public improvement districts; and WHEREAS, on or about December 10, 2004, the owners of certain real property located within the City delivered to the City a Petition (the "Petition") to create Forest Creek Drive Public Improvement District (the "District") the boundaries of which are described by metes and bounds in Exhibit "A", attached hereto and incorporated herein, save and except the 3.469 acres described in Exhibit "B," attached hereto and incorporated herein (the "Property"); and WHEREAS, the City Secretary of the City has received the Petition and it has been determined that the owners of more than 50% of the appraised value of the taxable real property and more than 50% of the area of all taxable real property within the District have executed the Petition and that the Petition complies with the Act and authorizes the City Council to consider the creation of the District; and WHEREAS, after providing all notices required by the Act, the City Council on March 10, 2005 conducted a public hearing on the advisability of the improvements and the creation of the District; and WHEREAS, the City Council adjourned such public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the following findings are made and declared regarding the proposed Forest Creek Drive Public Improvement District : 1. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of the Act; • 2. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City and the residents of the District; 3. The nature the Proposed Improvements shall consist of the costs of materials and labor for construction of two lanes of Forest Creek Drive running through the Property, the median, sidewalks on each side of Forest Creek Drive, drainage and lighting, but not including engineering and design costs, which will be borne solely by the City. The parties hereto agree that the portion of the cost of Forest Creek Drive paid by the Developer is attributable to the needs of Developer's development. 4. The estimated costs of the Proposed Improvements are Six Hundred Seventy-seven Thousand Eighty-one and 55/100 Dollars ($677,081.55), plus 5.5% simple interest, which includes expenses incurred in the establishment and administration of the Proposed Improvements. In no event shall the total District assessment be more than Six Hundred Seventy-seven Thousand Eighty-one and 55/100 Dollars ($677,081.55), plus simple interest 7' 41; MARCH 10, 2005 of 5.5%, except as authorized in the Development Agreement by and between the Owner and the City of Round Rock, approved by the City on August 26, 2004 in Resolution No. R- 04-08-26-13E1. 5. The estimated costs shall be paid from special assessments on all the Property of the District. 6. The land described in the Petition will all be benefitted by the Proposed Improvements and therefore the boundaries of=the District shall be as described in Exhibit attached hereto and made a part hereof for all purposes, save and except the 3.469 acres described in Exhibit"B," attached hereto and made a part hereof; 7. The method of assessment shall be as follows: An assessment of Six Hundred • Seventy-Seven Thousand, Eighty-One and 55/100 Dollars ($677,081.55) shall be levied on the Property and shall be paid on a per-acre, pro-rated basis, due seven (7)' years after Substantial Completion of Forest Creek Drive through the Property, or at time of plat recordation, whichever first occurs. Substantial Completion shall mean the date on which the City's Director of Public Works notifies the contractor that the portion of Forest Creek Drive through the Property has been finally accepted by the City. 8. The costs of the Proposed Improvements shall be shared by the Property within the boundaries of the District and by the District property owners. The City shall incur no costs associated with the PID. II. The Forest Creek Drive Public Improvement District is hereby created as provided by the Act and in accordance with the findings made in Section I hereof. Provided, however, such authorization does not authorize Petitioner to take any action that would obligate the City in any way or cause the City to incur any risk or cost. III. This Resolution shall be published one time in the Round Rock Leader, the official newspaper of the City, and upon such publication authorization of the Forest Creek Drive Public Improvement District shall become effective. IV. City staff is hereby authorized to take all action necessary to prepare a preliminary assessment roll, publish any necessary notices, set dates for public hearings and take all other action necessary to effectuate the purposes of this Resolution. V. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: . None Absent: None ACTION: The motion carried unanimously. 14.6.3. Consider a resolution setting the date, time and place for a public hearing on the proposed assessments for the Forest Creek Drive Public Improvement District. Tom 13 • Martin, Director of Transportation Services. This resolution will set a public hearing at 7:00 p.m. on the 14th day of April, 2005_in the City Council Chamber located in City Hall at 221 East Main Street for the proposed assessments for the Forest Creek Drive PID. RESOLUTION NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ASSESSMENTS AGAINST THE REAL PROPERTY WITHIN THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; AND AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, a petition regarding the creation and establishment of the Forest Creek Drive Public Improvement District (PID) has been submitted to the City, and 42 MARCH 10, 2005 WHEREAS, the City held a public hearing on March 10, 2005 regarding the creation and establishment of the PID and approved such creation, and WHEREAS, the City now desires to call a public hearing to consider the proposed assessments against real property within the PID, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. That a public hearing regarding the proposed assessments against real property within the Forest Creek Drive Public Improvement District shall be held before the City Council of the City of Round Rock, Texas on the 14th day of April, 2005 at 7:00 p.m. in the City Council Chambers at 221 East Main Street, Round Rock, Texas 78664. II. That the City Secretary is directed to give proper notice of the hearing as required by Section 372.009 of the Local Government Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of March, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. • 14.C.1. Consider a resolution authorizing the Mavor to execute an Agreement for Consulting Services for Office Space Architectural Programming Services for Proposed City, Hall with Page Southerland Page, LLP. Joe Vining, Executive Director Community Development made the staff presentation. The city undertook a study in the late 1990's much has changed since that time. This information is needed prior to the schematic planning required to design the new City Hall. The cost of the services is $33,600.00 plus expenses. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services to conduct an office space programming study for the proposed City Hall, and WHEREAS, Page Southerland Page, L.L.P. has submitted an Agreement for Consulting Services for Office Space Architectural Programming Services for Proposed City Hall to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Page Southerland Page, L.L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services for Office Space Architectural_ Programming Services for Proposed City Hall with Page Southerland Page, L.L.P., a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas.Government Code, as amended. RESOLVED this 10th day of March, 2005. 43 MARCH 10, 2005 MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. 14.C.2. Consider a resolution authorizinci the Williamson County Appraisal District to construct a building on the 5.826 tract of land on FM 1460 in Georgetown, Texas. David Kautz, Assistant City Manager/Chief Financial Officer made the staff presentation. This resolution authorizes the Williamson County Appraisal District to construct a building on the 5.826 tract of land on FM 1460 in Georgetown directly across from the new City of Georgetown's municipal complex. Through Resolution R-04-06-24- 17E2, the City Council authorized the Appraisal District to purchase a piece of property upon which this building will be constructed providing more room for appeals, more parking space and space for the increased number of employees needed for several years. The building will be approximately 30,000 square feet and cost between 4.15 and 4.65 million dollars. • Robert Tagge, a member of the Board of Directors outlined the history of this item and answered questions from the Council. RESOLUTION NO. WHEREAS, §6.051, Tex. Tax Code authorizes the Board of Directors of an appraisal district to purchase real property and construct improvements as necessary to establish and operate the appraisal office, and WHEREAS, the Board of Directors of .the Williamson County Appraisal District ("District") has previously delivered to the City of Round Rock ("City") a copy of Resolutions #2004-01 and #2004-02 requesting approval to purchase. a tract of land and sell their existing building, and WHEREAS, the City, by Resolutions R-04-06-24-17E1 and R-04-06-24-17E2 approved the District's request, and WHEREAS, the District is now requesting approval of the construction of a building on the land, and WHEREAS, the District has also delivered to the City information showing the proposed cost of the building, and WHEREAS, §6.051, Tex. Tax Code requires that an appraisal district's construction of a building 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 thef construction of the District's • building, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Williamson County Appraisal District's request to construct a building on a 5.826 acre tract of land in the C. Stubblefield Survey, Abstract No. 558 in the City of Georgetown is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of March, 2005. 44 MARCH 10, 2005 MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: None ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider the confirmation of the City Manager's appointment of Jeff Seiler to fill an unexpired term on the Civil Service Commission. Jim Nuse, City Manager made the staff presentation. Rufus Honeycutt has resigned from the Commission because he has chosen to seek election for a place on the City Council. He has chosen Jeff Seiler to fill the unexpired term of Mr. Honeycutt, which expires July 1, 2005. The Civil Service law, adopted through popular election, requires a 3-member commission. MOTION: Councilmember Rhode moved to accept the appointment. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: 16.A. Consider Executive Session as authorized by 8551.072 Government Code, related to the possible purchase of Right of Way from Palm Valley Lutheran Church for the Highway 79 project. Mayor Maxwell called the executive session to order for this item at 9:15 p.m. This executive session adjourned at 10:14 p.m. 16.6. Consider Executive session as authorized by 8551.071 Government Code, to conduct a private consultation with the City Attorney where the duty of the City Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar • of Texas clearly conflicts with the Chapter 551 of the Government Code. The private consultation will be regarding statutory and case law concerning contemplated annexations. Mayor Maxwell called the executive session to order for this item at 10:16 p.m. This executive session adjourned at 10:55 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 10:56 p.m. Respectfully submitted, Christine R. Martinez, City Secretary , 45 MARCH 24, 2005 The Round Rock City Council met in Work Session and Regular Session on Thursday, March 24, 2005, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:30 P.M. Mayor Pro-tem McGraw called the Work Session to order in the absence of Mayor Maxwell. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Joe Clifford, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Mayor Nyle Maxwell and Councilmember Tom Nielson were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A. Consider a presentation on an update of City-related legislation currently pending or being contemplated by the Texas Legislature and.the U.S. Congress. Clarence West, the City's legislative representative for telecommunication issues outlined the following bills. HB789 - Telecommunications: among other things, would provide for a complete overhaul of state laws relating to telecommunications and advanced broadband services (e.g. DSL, cable, and fiber-to-the-premises.) HB3179 - Telecommunications: .among other things, this bill begins by making a • finding that city right-of-way fees and the tax treatment of competing voice and video services have developed in a patchwork manner that is not competitively-neutral among competing communication service providers. This bill would impose a 3.95% 'intermodal communications assessment" on each of telecommunications services in Texas. David Kautz, Assistant City Manager outlined the following bills. HB7.84 - lowers the appraisal cap from ten percent to five percent and applys the cap to all real property. The City is opposed to this bill due to the negative affect to citizens. HB1006 - relating to property tax.caps as follows: (1) lowers the rollback rate from 8% to 3%; (2) provides that, for cities with property tax levies in excess of $5,000,000, failure to hold a required tax increase hearing will result in lowering of the tax rate to the effective tax rate (under current law, failure to conduct a hearing results in lowering taxes . to a rate equal to 103% of the effective tax rate); (3) provides different tax increase hearing notice requirements for cities that levy property taxes in excess of $5,000,000; (4) • provides that a city must hold an election of the voters to ratify any tax rate that exceeds the rollback rate; (5) provides that the ratification election must be held between 30 and 90 days after the city council adopts a rate that exceeds the rollback rate; and (6) provides that a failed ratification election results in a tax rate equal to the rollback rate. Joe Vining, Executive Director of Community Development outlined the following bills: 46 MARCH 24, 2005 HB1704 - relating to the approval of certain permit applications by local governments. HB323 - relating to a revision of the procedures for municipal annexation. This bill stops both voluntary and involuntary annexations and would require an election to expand the City's city limits. Jim Nuse outlined the City's legislative agenda. He added that the City's legislative • representatives are authorized to testify on behalf of the City for or against the following proposals as appropriate: 1. Streamlined Sales Tax - The City is opposed to any change in the sales tax sourcing rule currently in place. 2. Texas State University Appropriations - The City requested its local delegation to support the request by Texas State University for an additional building at the Higher Education Center in Round Rock. 3. Hotel/Motel Funds for Sport Facility Development - The City requested its local delegation to propose legislation that would expand the permitted uses for hotel/motel tax funds to include the development and expansion of City facilities that support state and youth sporting events. 4. Competitive Sealed Proposal Expansion - The City requested that its legislative • delegation introduce legislation that would amend Chapter 252 and 271 of the Texas Local Government Code to allow competitive sealed proposals and the other alternative bidding procedures authorized under state law for the construction of highways, roads, streets, utilities, and water and wastewater treatment plants. S. Civil Service Commission members - The City Council requested that its legislative delegation support legislation that amends the Civil Service statute to allow local Civil Service Commissioners to be reappointed for more than one term. 6. Opposition to Certain Legislation - The City requested its local delegation to oppose any legislation that will place appraisal caps on property beyond the ten percent (10%) currently mandated by law; any legislation that would place revenue caps on the City; any expansion of the sales tax that does not allow the City to include their portion on the item; and any new reforms to the annexation statute. • There being no further business, Mayor Pro tem McGraw recessed the meeting. CALL REGULAR SESSION TO ORDER - 7:10 P.M. 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 Joe Clifford, Councilmember Scot Knight, Councilmember Scott . . . M �� 47 MARCH 24, 2005 Rhode and Councilmember Gary Coe. Councilmember Tom Nielson was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: The following individuals expressed their concern and support regarding public transportation in Round Rock. • Consuelo Castillo, 1525 Chisholm Trail Jacob Suarez, Austin Melissa Nylander, 1714 Zydeco Drive Cynthia Suarez, 8013 Scotland Yard PROCLAMATIONS: 8.A. Consider proclaiming American Red Cross Month. Mayor Maxwell read the ;following proclamation and presented it to Audrey Simmons of the American Red Cross. WHEREAS, The American Red Cross is one of the nation's oldest, most recognized humanitarian organizations, and is woven tightly into the fabric of Central Texas; and WHEREAS, for more than 88 years, the American Red Cross of Central Texas has been the place where citizens join together and are always willing to reach out and take care of others in need 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; and WHEREAS, our community is indeed fortunate to have this organization with hundreds of volunteers dedicated to relieving suffering and saving lives, and restoring hope • at home and throughout the world everyday; and NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim March 2005 as "American Red Cross Month" and urge all residents of Round Rock to continue to volunteer their time, and give generously to the American Red Cross and its local offices. PROCLAIMED this 24th day of March 2005. S.B. Consider proclaiming March 21-25, 2005 as Round Rock Medical Center Week. ,Mayor Maxwell read the following proclamation and presented it to Celeste Lesmeister, Director of Marketing and Business Development of the Round Rock Medical Center. WHEREAS, on September 1, 1983 the Round Rock Community Hospital opened its doors forever changing the health care landscape of Round Rock; and WHEREAS, the once small rural hospital has grown into a major medical center with state-of-the art digitized technology and top-notch health services that will serve the health care needs of Williamson County; and WHEREAS, Round Rock Medical Center in their continuing effort to provide specialized services, medical expertise and convenience closer to home will celebrate by having a groundbreaking for their major expansion on March 23, 2005, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the week of March 21-25, 2005 as "ROUND ROCK MEDICAL CENTER WEEK" in the City of Round Rock and urge everyone to join me and the Round Rock City Council in congratulating Round Rock Medical Center as they embark on their major expansion to better serve the citizens of Round Rock and. Williamson County. PROCLAIMED this 24th day of March 2005. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion with no discussion. *10.A. Consider approval of the City Council minutes for March 10, 2005. 48 MARCH 24, 2005 *11.A.1. Consider an ordinance authorizing the Mayor to execute a franchise agreement with Pedernales Electric Cooperative (PEC). (Second Reading) *11.13.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.022 acre parcel of land (Parcel No. 16 CM Collier) for the proposed Red Bud Lane (CR 122) Improvement Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. • *11.13.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.131 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. *11.C.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from Greenlawn. Boulevard to a point 0.366 miles west of Greenlawn Boulevard. (First Reading) *11.C.3. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on Old Settlers Boulevard from 750' east of Sunrise Road to FM 1460. (Second Reading) *11.C.4. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on Kiphen Road from FM 1460 • to CR 122. (Second Reading) *11.C.5. Consider an ordinance amending Chapter 9, Section 9.503 of the Code of Ordinances (1995 Edition) establishing school speed zones in the Behrens Ranch Subdivision. (Second Reading) *12.A.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice, Office of Justice Programs for a Justice Assistance Grant. *12.13.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Housing Authority for a Senior Activity Program for $8,500.00. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. 49 MARCH 24, 2005 MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance for items 11B1 and 11B2 with the unanimous consent of all the Councilmembers present. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode • Council_member Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *10.A. Consider approval of the City Council minutes for.March 10, 2005. This item was approved under the consent agenda. ORDINANCES: *11.A.1. Consider an ordinance authorizing the Mayor to execute a franchise agreement With Pedernales Electric Cooperative (PEC). (Second. Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO PEDERNALES ELECTRIC COOPERATIVE, INC., AND ITS SUCCESSORS AND ASSIGNS, TO USE THE PUBLIC • RIGHTS-OF-WAY OF THE CITY OF ROUND ROCK, TEXAS FOR THE DISTRIBUTION OF ELECTRIC POWER; PROVIDING FOR PERIOD OF GRANT; FOR METHOD OF ACCEPTANCE; FOR CONSIDERATION; FOR CONSTRUCTION AND RELOCATION OF SYSTEM FACILITIES; 'FOR ASSIGNMENT; AND FOR REPEAL OF CONFLICTING ORDINANCES. 11.A.2. Consider an ordinance granting a franchise to Time Warner Entertainment- Advance/Newhouse Partnership for operating a cable system. (First Reading) Will Hampton, Communications Director made the staff presentation. Since the Legislature is currently addressing bills regarding telecommunication, staff recommended that this item be tabled until the next meeting so staff can bring back an amended agreement that would extend the current franchise agreement with Time Warner until January 2006 and to increase the franchise fee to 5%. ORDINANCE NO. AN ORDINANCE GRANTING TO TIME WARNER ENTERTAIN M ENT-ADVANCE/N EWHOUSE PARTNERSHIP A FRANCHISE FOR CONSTRUCTING, MAINTAINING, OPERATING.AND USING A CABLE SYSTEM WITHIN THE CITY OF ROUND ROCK FOR THE PROVISION OF CABLE SERVICE AND OTHER SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH ,THE FACILITIES OF TIME WARNER ENTERTAIN MENT-ADVANCE/N EWHOUSE PARTNERSHIP WILL BE INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM OF THE AGREEMENT; AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Mayor Pro-tem McGraw moved to table the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 50 MARCH 24, 2005 Absent: Counciimember Nielson ACTION: The motion carried unanimously. *11.B.1. Consider an ordinance determining the public necessity for the acauisition of a fee simple interest in a 0.022 acre parcel of land (Parcel No. 16, CM Collier) for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (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 0.022 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) 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. *11.B.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.131 acre parcel of land (Bruce Johnson) for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (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 0.131 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD 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. 11.C.1. Consider an ordinance amending the City of Round Rock Design and Construction Standards to revise Section 1 of the Street Design Criteria of the Transportation Criteria Manual. (First Reading) Tom Martin, Transportation Services Director made the staff presentation. The revised subdivision ordinance went into effect on January 1, 2005. The Design and Construction Standards, which included the General Guidelines,Drainage Criteria Manual, Standard Specification Criteria Manual, Transportation Criteria Manual, and Utility Criteria Manual, were approved on December 16, 2004. Based on public comment received during the approval-process on the Design and Construction • Standards (DACS), it was requested that the right-of-way width for residential streets be reduced from 55-feet to 50-feet. To accomplish this change, Table 1-7 and Figure 1-29 were both revised, reducing the right-of-way width to 50-feet. Additionally, pen and ink changes were made to Figures 1-5 through 1-7, Figures 1-12 through 1-18, and Figures 1- 21 through 1-25a. ORDINANCE NO. 51 MARCH 24, 2005 AN ORDINANCE AMENDING SECTION 1 OF THE CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARDS - TRANSPORTATION CRITERIA MANUAL ADOPTED BY ORDINANCE NO. G-04-12-16-13A1, TO AMEND TABLE 1-7; TO REVISE FIGURES 1-6 THROUGH 1-7, FIGURES 1-12 THROUGH 1-17, FIGURES 1-21 THROUGH 1-25, FIGURE 1- 25a, AND FIGURE 1-29; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem I McGraw seconded the motion. • VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. *11.C.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from Greenlawn Boulevard to a point 0.366 miles west of Greenlawn Boulevard. (First Reading) This item was approved under the consent agenda. ORDINANCE NO'. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF DELL WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING • ORDINANCES OR RESOLUTIONS. *11.C.3. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on Old Settlers Boulevard from 750' east of Sunrise Road to FM 1460. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF OLD SETTLERS BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.C.4. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 45-mph speed zone on Kiphen Road from FM 1460 to CR 122. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF KIPHEN ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.C.5. Consider an ordinance amending Chapter 9, Section 9.503 of the Code of Ordinances (1995 Edition) establishing school speed zones in the Behrens Ranch Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF WYOMING 52 MARCH 24, 2005 SPRINGS DRIVE, BEHRENS PARKWAY, AND GOLDENOAK CIRCLE AS SCHOOL SPEED ZONES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTION: *12.A.1. Consider a resolution authorizing the Mayor to make the necessary grant application to the U.S. Department of Justice; Office of Justice Programs for a Justice Assistance Grant. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the U.S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, Office of Justice Program Grant funds are available to procure equipment, technology, and other material directly related to basic law enforcement functions, and WHEREAS, the City Council wishes to make application for the above-described grant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of March, 2005. *12.B.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with the Round Rock Housing Authority for a Senior Activity Program for $8,500.00. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of.the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Round Rock Housing Authority to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with the Round Rock Housing Authority for a Senior Activity Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Round Rock,Housing Authority for a Senior Activity Program, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which tliis'Resolution.was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2005. 12.C.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering Inc. for the Lake Travis Raw Water Supply System, Preliminary Options Analysis. Tom Clark, Utility Director made the staff presentation. As reported in the Water Distribution Master Plan dated August 2004, the city will need to access its Water Supply in Lake Travis by year 2010. Options include partnerships with the Cities of Austin or Cedar Park or a stand alone City treatment and delivery system. This study will review each option available to access water supplies from 5 MARCH 24, 2005 the Colorado River and develop cost alternatives so a decision can be made that is the best, most economical approach for the City. The cost of the contract is $55,000. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Lake Travis Raw Water Supply System, Preliminary Options Analysis, 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 the Lake Travis Raw Water Supply System, Preliminary Options Analysis, 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 March, 2005. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. 12.D.1. Consider a resolution approving a reimbursement to Canteberry Development, Ltd. for the cost of oversizing wastewater mains associated with the Eagle Ridge, Section 14, Phase III development. Tom Word, Chief of Public Works Operations made the staff presentation. The City requested as part of the Eagle Ridge Section 14, Phase III wastewater system improvements, that the 15-inch line be constructed to replace an older 15-inch line that was no longer compliant with current City specifications regarding alignment and depth. The city also requested that the 18-inch line be constructed to replace an older 15-inch line that was no longer compliant with City specifications regarding alignment and grade. According to engineering documentation provided at the time of platting, an 8-inch main would have been sufficient for the needs of the development. The • developer of Eagle Ridge Section 14, Phase III installed 590 linear feet of 15-inch wastewater main and 154 linear feet of 18-inch wastewater main within the Longhorn Trail right-of-way and within an abutting 40-foot public utility easement. According to documentation from the developer's engineer, the existing 15-inch and 18-inch wastewater mains that were in place, had to be realigned and the depth adjusted to assure the needs of the development complied with current City specifications. The 15-inch and 18-inch main diameters are necessary in order to provide service for future development in that particular service area. The cost of the reimbursement.is $14,742. 5. MARCH 24, 2005 RESOLUTION NO. WHEREAS, §8.503, Code of Ordinances (1995 Edition) provides for the' reimbursement for the oversizing of wastewater mains, and WHEREAS, Canteberry Development, Ltd. has submitted a reimbursement request for the oversizing of wastewater mains associated with the Eagle Ridge Section 14, Phase III subdivision (within the Longhorn Trail right-of-way and abutting Public Utility Easement), 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 authorizes the reimbursement to Canteberry Development, Ltd._of $14,742.00, which is the cost' of oversizing wastewater mains associated with Eagle Ridge Section 14, Phase III subdivision (within the Longhorn Trail right-of-way and abutting t Public Utility 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 the 24th day of March, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode 'Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. 12.D.2. Consider a resolution rejecting the only bid received for the Round Rock • West Street Improvements Project. Tom Word, Chief of Public Works Operations made the staff presentation. On March 1, 2005 the City received only one bid for the Round Rock West Street Improvements project. Austin Bridge & Road submitted a base bid price of $2,364,462.50 which was considerably higher than the engineer's estimate of $1,665,768.60. Staff recommended that the project be re-bid to enable more contractors to familiarize themselves with the plans, the vicinity and the scope of the project and provide more competitive bids. Although the City and the residents of Round Rock West are anxious to complete this project, it is in the citizen's best interest to get a more competitive bidding platform to ensure that the City is able to provide the most improvements possible for the funds that are available. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Round Rock West Street Improvements Project, and • WHEREAS, the Council has determined that the only 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 Round Rock West Street Improvements Project 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 24th day of March, 2005. 5 MARCH 24, 2005 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. 12.E.1. Consider a resolution authorizing the Mayor to make the.necessar ry grant application to the Federal Emergency Management Agency for an Assistance.to Firefighters Grant. Larry Hodge, Fire Chief made the staff presentation. It is estimated that the current population of 81,000-will rise by almost 50% over the next nine years. The purchase of apparatus and equipment with this grant will help provide the necessary fire protection. This grant application to the Assistance to Firefighters Grant Program will help obtain an aerial truck. The cost of the truck is $900,000 and the City's matching funds will total $180,000. RESOLUTION NO. WHEREAS, the Federal Emergency Management Agency has grant funds available to cities through the Assistance to Firefighters Grant Program, and • WHEREAS, Assistance to Firefighters Grant funds are available to partially fund the purchase of rescue apparatus and equipment, and WHEREAS, the City Council wishes to make application for the above-described grant, Now Therefore BE IT RESOLVED BY THE COUNCIL'OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted,was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of March, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor. Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Nielson ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 7:48 p.m. Res ectfully Submitted, Christine R. Martinez, City Secretary 5, b� APRIL 8, 2005 Members of the Round Rock City Council (Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Scott Rhode, and Councilmember Joe Clifford) and members of the City of Round Rock Community Development Commission (Rodney Howard, Rick Guzman, Martha Chavez, Stephanie Baker, Mary Green, and Karen Adair-Murphy) attended a luncheon at B's Gathering House at 106 West Bagdad on Friday, April 8, 2005 at 12:00 noon with Congressman John Carter in celebration of Community Development Week in Round Rock, Texas. • Mona Ryan, Community Development Coordinator gave a brief presentation on what has been accomplished in the City with community development block grant funds. Since 1999 Round Rock has received $3,028,000 in block grant money. Program highlights noted were: • 100% of the funds benefited low and moderate income persons and families; • Over 100 families purchased their first home; • Four neighborhood parks were redeveloped; • Over 400 clients and businesses received individual counseling for business development and financial management; • Over 300 persons received homebuyer education; • Hundreds of children and adults received services through local agencies; • Hundreds of children received scholarships for day camps; • Approximately 5,000 linear feet of sidewalks have been constructed; • 14 start up businesses were incubated in the Microenterprise Assistance Center; • Transportation voucher program provided taxi service for basic services and doctor appointments; • Public facilities improvements. (Round Rock Senior Center; Williamson County Crisis Center); • Adult day care scholarships provided for elderly citizens; • Jobs were retained and created Awards were presented to: • The Small Business Development Center, Texas State University, for business counseling, technical assistance, and mentoring provided to existing or start up businesses. The award was accepted by Larry Lucero, Juan Vasques, and Matthew McKee; and • Williamson County and Cities Health District for using very limited resources to provide health services to hundreds of low-income persons. Boardmember Peggy Fink accepted the award on behalf of the Health District. The bus tour of area CDBG projects was cancelled because Congressman Carter had a second engagement and had to leave early. There being no further business, the event ended at 1:30 p.m. Rpectfully submitted, Christine R. Martinez, City Secretary APRIL 14, 2005 The Round Rock City Council met in Work Session and Regular Session on Thursday, April 14, 2005, 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 at 6:10 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan • McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A. Consider a presentation regarding the Forest Creek Golf Course Management Agreement with CCA Silband/Golf Corp/Round Rock Inc. David Kautz, Assistant City Manager made the staff presentation. The Forest Creek Golf Course was constructed in 1989. Private management has been in place for this period of time, operating under 5- year management agreement terms. Operational and management consulting studies were commissioned by the City (paid for with golf course funds) to determine the adequacy of course maintenance and management. The studies concur with retaining the current management company. Forest Creek Golf Course is owned by the City and is a top tier recreational amenity and has also been one of our most successful economic development drivers. Mr. Kautz outlined the followinginformation regarding the Management 9 9 9 Agreement. Current Agreement Proposed Agreement 1. Bonded debt serviced 1. Bonded debt service 2. Capital reserve account 6% of Green Fees 2. City Interfund Loan Debt Service 3. Operating Expenses 3. Capital Reserve Account 3% of Gross Receipts) 4. Base Management Fee 12 000/mo Indexed 4. Operating Expenses 5. Operator Incentive Fee 2% of Gross Receipts) 5. Base Management Fee ($10,000/mo) (1 2 Indexed 6. Accrued Management Fees from prior terms 6. To Cit - 1% ROI 7. Cit 7. Operator Incentive fee 4% of Gross Receipts) Terms of agreement- 5 years 8. Operator- 30% of May 2005 Gross Receipts Unrealized Management Fees 9. city Lapse at end of Term Terms of agreement- 5 years Unrealized Management Fees Lapse at end of Term Flow of Funds as described in-agreement • Monthly + Gross Receipts (Held in Trust) Sec 6.1 - to Bonded Debt Service Sec 4.5 - to City Interfund Loan Debt Service to Capital Reserve (3% of Gross Receipts) - to Operating Expenses = Net Positive Cash Flow Sec 4.5 - to Operating Reserve ($60,000 Min Balance) - to Base Management Fee - remainder to Operating Reserve (Applied to Bond Debt Service, Interfund Loan Sec 6.1 Debt Service and Operating Shortfalls, as necessary APRIL 14, 2005 Annually From Operating Reserve - To any unmet debt or capital reserve obligations Sec 4.6 From Operating Reserve, if balance to above $60,000 - To Base Management Fees - To City ROI - To Variable Incentive Management Fee End of Term From Operating Reserve Sec 4.6 - To any unmet debt obligation - To Operator, up to 30% of May 2005 Gross Receipts - To City • Staff recommended that the management and operation of the golf course be continued by CCA-Silband/Golf Corp (an OnCourse Strategies owned company). This company brings expertise, scale operating economies and quality management to the project. 3.B. Consider a presentation regarding the City's Health Insurance Plan. Teresa Bledsoe, Human Resources Director made the staff presentation. She gave the quarterly report on the health plan performance and on the ongoing efforts to manage the plan. Ms. Bledsoe outlined the performance of the first quarter of 2005-plan year and provided an overview of options that are being explored for the 2006 plan year. Ms. Bledsoe outlined the following information. • Plan Design and enhancement made to plan for 2005 - Type of Plan . - Demographics - Costs of Plan - Changes to Plan for'05 - Benefit Summary • Plan Performance - Plan Performance 12/1/03 - 11/30/04 - Plan Year '04 - Plan Performance 12/1/04 - 2/28/05 - Comparisons and projections - Cost Projections • Going Forward = Getting a better handle on Healthcare Costs - Consultant - Wellness Program Emphasis - Coop - On-site clinic - Prescription Drug Management - Stand alone Prescription Program. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the Regular Session to order 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 Joe Clifford, Councilmember Scot • Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmember present and addressed the following items. 8.A. Consider proclaiming April 23, 2005 as "Arbor Day". 59 APRIL 14, 2005 Mayor Maxwell read the following proclamation and presented it to Emsud Horozovic, Forestry Manager. 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 133rd 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 whereverthey 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, April 23, 2005 from 8:30 a.m. to 12:00 noon for Arbor Day. NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim April 23, 2005 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 14th day of April 2005. 8.B. Consider recognizing Katie Ewing and the Field of Dreams Baseball Tournament. Mayor Maxwell read the following proclamation and presented it to Katie Ewing. WHEREAS, "The 2005 Field of Dreams" Baseball Tournament's good cause was to benefit Katie Ewing who was diagnosed with osteosarcoma on July 9th, 2004. During her • battle, Katie sustained the amputation of her right leg above the knee. The Field of Dreams Tournament and Online Auction was a coordinated effort among area youth baseball leagues to raise money in order to help with medical bills and costs associated with Katie's prosthetic leg; and WHEREAS, Katie's parents, Jennifer Henry and Officer Jay Ewing, schoolmates, friends and the community have encouraged her every step of the way during her battle with cancer. Her supporters continue to offer encouragement,friendship and companionship; the Field of Dreams Baseball Tournament and Online Auction are prime examples of such support. Katie is the perfect representation of a young woman who brings out the giving spirit of all those around her; and WHEREAS, Katie's courage, bravery and determination led her to her last chemotherapy treatment on March 9th, 2005. Katie is now cancer-free, has returned to Stony Point High School, and will graduate along side many friends in May, all the while adapting to her new prosthetic leg; and WHEREAS, Katie will soon begin another new chapter in her life. In accordance with her love of animals, especially horses, Katie will begin college this summer in preparation for her goal of becoming a veterinarian some day. WHEREAS, Round Rock is fortunate to have Katie Ewing as a'member of the community. Katie is an inspiration for Round.Rock citizens to not only live but truly love life. NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby wish to recognize and commend Katie Ewing for her bravery during her battle to recovery, and urge all citizens to support and congratulate Katie, who is the beneficiary of the Field of Dreams Baseball Tournament and Online Auction. PROCLAIMED this 14th day of April 2005. • Ms. Ewing was also presented with a $22,125.00 check, which were the proceeds from the tournament. 14.C.1. Consider a resolution authorizina the Mayor to execute an Agreement for Consulting Services and a Work.Made for Hire Agreement for a Branding/Wayfinding Signage System Master Plan with Vaughn Wedeen Creative, Inc. Joe Vining made the staff presentation. The Convention and Visitors Bureau established a selection committee to review RFQ's for a Wayfinding Design and Plan for the City. This agreement is for 6o, APRIL 14, 2005 consulting services relating to the City's need for the development of a branding/wayfinding signage system. Vaughn Weeden Creative was chosen to develop this plan as called for in the Tourism Development and Marketing Plan. The term of the agreement is six months from the effective date of the agreement. The cost of the services is $38,500.00. A representative of the Vaughn Weeden gave an overview of similar projects they have done. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for the.creation of a Branding/Wayfinding Signage System Master Plan, and WHEREAS, Vaughn Wedeen Creative, Inc. has ' submitted an Agreement for Consulting Services and a Work Made for Hire Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreements with Vaughn Wedeen Creative, 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 and a Work Made for Hire Agreement with Vaughn Wedeen Creative, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 14th day of April, 2005. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: Beth Carlisle and members of the Senior Citizens Foundation asked for a moment of silence in memory of Tommi Urbanski who recently passed away. They also thanked the Council and many-volunteers for supporting the Daffodil Festival. The following individuals expressed their concerns regarding the KB Homes in Chandler Creek. Mike Zawaicleh, 1204 Water Spaniel Way • Doug Pennington, 1007 Terrier Cove David Ross, 1330 Water Spaniel Way Mayor Maxwell dispensed with the order of the agenda and addressed the following item. PROCLAMATIONS: 8.A. Consider proclaiming April 23, 2005 as "Arbor Day". This item was addressed earlier in the meeting. 61. APRIL 14, 2005 8.B. Consider recognizing Katie Ewing and the Field of Dreams Baseball Tournament. This item was addressed earlier in the meeting. PRESENTATIONS: 9.A. Continuation of presentations not addressed during the Work Session All the work session presentations were addressed during the work session. • 9.B.1. Consider a presentation concerning the Transportation Capital Improvement Program (TCIP) quarterly report. Tom Martin, Director of Transportation Services made the staff presentation. The 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. Board Activities Since August 2004 • Amendment No. 10 - Held Public Hearing - Approved Amendment - Action Approved by Council on August 12, 2004 • Adopted Proposed Operating Budget - Action approved by Council on October 26, 2004 • Approved submitting a request for financial assistance to the State - Action approved by Council on October 26, 2004 • Future Activities - Amendment No. 11 • _ Streamline Sales Tax Street Lighting Policy for Arterials - Railroad Crossing Signals Project Status - Planning • Arterial "C" • Greenlawn Interchange • Traffic Signal - Gattis School Road at Via Sonoma Project Status - Design • Arterial "A" (90%) • AW Grimes Phase II (98%) • CR 122/Red Bud Lane Phase III (90%) • IH-35 Area Improvements (95%) • IH-35 Frontage Road Collector/Distributor & Hester's Crossing Bridge Replacement (35%) • Kiphen Road Phase II (90%) • RM 620 Grade Separation • US 79 (98%) • Traffic Signals - McNeil and St. Williams (98%) - McNeil and Oakridge (98%) - RM 620 at Round Rock Hospital (98%) - Old Settlers Blvd. And Sunrise (60%) - Gattis School Road and Meister Lane (60%) • - Gattis School Road and Double Creek Drive (60%) Proiect Status - Land Acquisition • AW Grimes Phase II • US 79 - TxDOT Managed Project • FM 1460 - TxDOT Managed Project Proiect Status - Utility Adjustment • Kiphen Road Phase II • AW Grimes Phase II - Private Utilities • Forest Creek Drive - Private Utilities Project Status - Bidding 0 Kiphen Road Phase I 6 APRIL 14, 2005 Proiect Status - Construction • FM 1460 - TxDOT Managed Project • Double Creek Drive Phase II • Forest Creek Drive • Red Bud Lane Phase I • Red Bud Lane Phase II PUBLIC-HEARINGS: 10.A.1. Consider public testimony regarding an application filed by the City of Round Rock to rezone 2.78 acres of land from District C-1 (General Commercial) to District • C-1-PV (General Commercial with the Palm Valley Overlay). (3220/3250 E. Palm Valley Boulevard) Councilmember Nielson disclosed that he would be abstaining from discussion on this item due to a conflict of interest. He has professionally represented the entity of this tract. Jim Stendebach, Planning Director made the staff presentation. In 1988, 422 acres of land known as Old Settlers Park was annexed and given interim zoning of SF-1. A portion being 2.78 acres of the 422 acres was rezoned to C-1 per Ordinance No. 1274 approved on January 26, 1989. This 2.78 acre site falls within the boundaries of the Palm Valley Overlay. At the time the property was zoned C-1 (General Commercial) in 1989, the Palm Valley Overlay had not been created. The tract is currently under review for a development site plan permit; staff at this time is requesting that the Palm Valley Overlay be attached to this tract. The developer is aware of and complying with the development • standards of the Palm Valley Overlay in his design. Mayor Maxwell opened the.public hearing. There being no testimony, the public hearing was closed. 10.A.2. Consider public testimony regarding an application filed by Sweet Home Baptist Church to rezone 8.873 acres of land from District PUD No. 16 (Planned Unit Development) to District TH (Townhouse). (451 School Days Lane) Jim Stendebach, Planning Director made the staff presentation. The zoning request was initially brought before the Planning and Zoning Commission on December 1, 2004, and was tabled primarily due to transportation concerns. The applicant returned to the Planning and Zoning Commission on March 23, 2005, and presented information from a Traffic Impact Analysis (TIA) regarding the impact of the project on the traffic situation along Gattis School Road. The applicant also presented a letter of support from the Kensington Neighborhood • Association on the south side of Gattis School Road across from the subject property. The Commission rendered a favorable recommendation to change the zoning as requested. The PUD zoning was adopted in order to accommodate a large multi-use church facility. This facility is no longer financially feasible, and therefore the property owner (Sweet Home Baptist Church) has opted to sell the majority of the 22-acre tract for residential and commercial development, while retaining a smaller parcel for a future church facility. In addition, the overall development (the church parcel, the townhouse parcel and the 6 3� APRIL 14, 2005 commercial parcel) will include the extension of Surrey Drive from Gattis School Road north to School Days Lane. This will not only improve access to Voight Elementary School just north of the subject property, but it will also help warrant the installation of a traffic signal at the intersection of Gattis School Road and Surrey Drive. Mayor Maxwell opened the public hearing. • Matt Mathais, 3423 Bee Cave Road, developer for Sweet Home Baptist encouraged the Council's support for the zoning requests by Sweet Home Baptist. There being no further testimony, the public hearing was closed. 10.A.3. Consider public testimony regarding an application filed by Sweet Home Baptist Church to rezone 7.592 and 1.712 acres of land totaling 9.304 acres of land from District PUD No. 16 (Planned Unit Development) to District PF-1 (Public Facilities-Low Intensity). (400 Gattis School Road) Jim Stendebach, Planning Director made the staff presentation. The zoning request was initially brought before the Planning and Zoning Commission on December 1, 2004, and was tabled primarily due to transportation concerns. The applicant returned to the Planning and Zoning Commission on March 23, 2005, and presented information from a Traffic Impact Analysis (TIA) regarding the impact of the project on the traffic situation along Gattis School Road. The applicant also presented a • letter of support from the Kensington Neighborhood Association on the south side of Gattis School Road across from the subject property. The Commission rendered a favorable recommendation to change the zoning as requested. The PUD zoning was adopted in order to accommodate a large multi-use church facility. This facility is no longer financially feasible, and therefore the property owner (Sweet Home Baptist Church) has opted to sell the majority of the 22-acre tract for residential and commercial development, while retaining a 7.592-acre parcel for a future church facility. (The remaining 1.712-acre parcel in this tract will be dedicated in the platting process as right-of-way for the proposed extension of Surrey Drive.) Because the church facility, envisioned by the property owner, no longer includes a large multi-use complex, there is no need to retain the PUD zoning. Therefore the property owner is simply requesting PF-1 (Public Facilities - Low Intensity) for the parcel retained for church use. The reduced scale of the church facility and the assignment of PF-1 zoning ensure compatibility with the adjacent residential communities. • Furthermore, the location along Gattis School Road allows direct access to the church without adding traffic to a residential neighborhood. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.A.4. Consider public testimony regarding an application filed by Sweet Home Baptist Church to rezone 3.353 acres of land from District PUD No. 16 (Planned Unit Development) to District C-2 (Local Commercial). (500 Gattis School Road) Jim 64 APRIL 14, 2005 Stendebach, Planning Director made the staff presentation. The zoning request was initially brought before the Planning and Zoning Commission on December 1, 2004, and was tabled primarily due to transportation concerns. The applicant returned to the Planning and Zoning Commission on March 23, 2005, and presented information from a Traffic Impact Analysis (TIA) regarding the impact of the project on the traffic situation along Gattis School Road. The applicant also presented a letter of support from the Kensington Neighborhood • Association on the south side of Gattis School Road across from the subject.property. The Commission rendered a favorable recommendation to change the zoning as requested. The PUD zoning was adopted in order to accommodate a large multi-use church facility. This facility is no longer financially feasible, and therefore the property owner (Sweet Home Baptist Church) has opted to sell the majority of the 22-acre tract for residential and commercial development, while retaining a smaller parcel for a future church facility. The development regulations associated with C-2 zoning ensure compatibility with the adjacent residential neighborhoods and limit businesses in the district to a scale intended to serve the immediate local market without drawing in customers from other parts of the city and contributing to the traffic concerns along Gattis School Road. The addition of a small-scale retail and restaurant center (with uses such as a coffee shop or deli) adjacent to apartments and the proposed condominium community presents opportunities for pedestrian access to • the center. In addition, the overall development will include the extension of Surrey Drive from Gattis School Road north to School Days Lane. m Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.A.5. Consider public testimony regarding an application filed by NNP-Teravista, L.P. to adopt original zoning of PF-3 (Public Facilities-High Intensity) on 18.07 acres of land. (Scott and White tract) Jim Stendebach, Planning Director made the staff presentation. This 18-acre tract is currently undeveloped outside the city limits. On March 16, 2005, the Planning and Zoning Commission rendered a favorable recommendation to zone the property PF-3 (Public Facilities - High Intensity) upon annexation. Scott & White currently owns approximately 99 acres of land at the northeast corner of IH-35 and Chandler Road. The property is currently zoned as PUD (Planned Unit Development) No. 37, which was adopted in 1999 to accommodate a proposed hospital and other medical-related uses. • Since the adoption of that PUD, Scott & White has adjusted their plans and is no longer committed to the development envisioned in PUD No. 37. They are still committed to building a hospital and medical center, but there are no specific plans for that development. Therefore, the specific standards and regulations of PUD No. 37 are no longer appropriate for the development. Because Scott & White is approaching the hospital development without a specific plan, it is more appropriate to use a general zoning district rather than a 65APRIL 14, 2005 customized PUD. The City's PF-3 (Public Facilities - High Intensity) district is a perfect fit for this type of medical use, allowing them the flexibility to develop the hospital with its associated medical offices and other ancillary uses without having to commit to specific standards typical of a PUD agreement. One of the primary changes in the development plan for Scott & White is the location. At this time, Scott & White intends to sell the western half of the PUD property (roughly 50 acres) to a developer (Chandler/I-35 Retail, Ltd.) for a retail shopping center. Scott &White will then use the remaining eastern half of the property (roughly 49 acres) for their hospital. In order to accommodate the type of medical complex they intend to build, Scott & White will acquire an additional 18 acres from Newland Communities (the developer of Terayista) to join with the 49 acres they already own. Because this 18-acre tract is currently outside the City Limits, it will need to be annexed and then assigned original zoning to match the 49 acres currently in the City. Scott & White is requesting PF-3 zoning for both tracts. Mayor Maxwell opened the public hearing. Jim Mills, member of the Board of Trustees for Scott and White, expressed his appreciation for staffs support on this project. There being no further testimony, the public hearing was closed. • 10.A.6. Consider public testimony regarding an application filed by Scott and White Memorial Hospital and Scott. Sherwood and Brindley Foundation to rezone 49.42 acres of land from District PUD 37 (Planned Unit Development) to District PF-3 (Public Facilities-High Intensity).(300 Chandler Road) Jim. Stendebach, Planning Director made the staff presentation. The 49 acres to be re-zoned is part of a 99-acre tract that was annexed into the City in 1980. The original zoning was I-1 (industrial zoning). The property was then rezoned to PUD No. 37 in 1999 to accommodate the hospital and medical center proposed by Scott & White. On March 16, 2005, the Planning and Zoning Commission rendered a favorable recommendation to re-zone the property from PUD No. 37 to PF-3 (Public Facilities - High Intensity). Scott & White currently owns approximately 99 acres of land at the northeast corner of IH-35 and Chandler Road. The property is currently zoned as PUD (Planned Unit Development) No. 37, which was adopted in 1999 to accommodate a proposed hospital and other medical-related uses. Since the adoption of that PUD, Scott & • White has adjusted their plans and is no longer committed to the development envisioned in PUD No. 37. They are still committed to building a hospital and medical center, but there are no specific plans for that development. Therefore, the specific standards and regulations of PUD No. 37 are no longer appropriate for the development. Because Scott & White is approaching the hospital development without a specific plan, it is more appropriate to use a general zoning district rather than a customized PUD. The City's PF-3 (Public Facilities - High Intensity) district is a perfect fit for this type of medical use, 66 APRIL 14, 2005 allowing them the flexibility to develop the hospital with its associated medical offices and other ancillary uses without having to commit to specific standards typical of a PUD agreement. One of the primary changes in the development plan for Scott & White is the location. At this time, Scott & White intends to sell the western half of the PUD property (roughly 50 acres) to a developer (Chandler/I-35 Retail, Ltd.) for a retail shopping center. Scott & White will then use the remaining eastern half of the property (roughly 49 acres) for their hospital. In order to accommodate the type of medical complex they intend to build, Scott & White will acquire an additional 18 acres from Newland Communities (the developer of Teravista) to join with the 49 acres they already own. Scott & White is requesting PF-3 zoning for both tracts. Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 10.6.1. Consider public testimony on the proposed assessments against real property within the Forest Creek Drive Public Improvement District (PID). Tom Martin, Transportation Services Director made the staff presentation. Forest Creek Drive is a major arterial shown in the City's Transportation Master Plan. The master plan currently has a project to construct the remaining portions of this facility between Rusk Road and the Lake Forest Subdivision. This project is being funded using 4B Corporation Funds and developer • contributions made through Cost Sharing/Development Agreements. However, the portion of this project through Round Rock Ranch is to be paid by means of a PID. The contract for this construction, in the amount of $2,969,564.65, was awarded by the City Council at the August 26, 2004 meeting. The cost of improvements through the Forest Creek Drive PID was $677,081.55. A resolution was adopted March 2005 establishing the Forest Creek Drive PID. At the March 10th, 2005 City Council Meeting, a resolution was also adopted setting April 14th, 2005 for the public hearing to receive testimony on the proposed assessments and service plan. A public hearing is required to receive public testimony regarding the proposed assessments and service plan against the real property within Forest Creek Drive Public Improvements District (PID) for improvements to Forest Creek Drive within portions of the Round Rock Ranch Subdivision. 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. *12:A. Consider approval of the City Council minutes for February 16 2005 and March 24, 2005. 67. APRIL 14, 2005 *13.A.1. Consider an ordinance amending the City of Round Rock Design and Construction Standards to revise Section 1 of the Street Design Criteria of the Transportation Criteria Manual. (Second Reading) *13.A.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from Greenlawn • Boulevard to a point 0.366 miles west of Greenlawn Boulevard. (Second Reading) *14.A.1. Consider a resolution approving a reimbursement to Zena Land Development, LP for the cost of oversizing water mains associated with the Stony Brook Sections 5 and 6 development. *14.B.1. Consider a resolution authorizing a property tax refund to Aaron.Rents, Inc. for 2004 taxes in the amount of$921.83. *14.B.2. Consider a resolution authorizing a property tax refund to Badru Walji for 2004 taxes in the amount of$1,660.04. *14.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the 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. *14.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 with Baker-Aicklen &Associates, Inc. for the design of roadway improvements on Red Bud Lane (CR 122) from CR 123 to Gattis School Road. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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 February 16, 2005 and March 24, 2005. This item was approved under the consent agenda. ORDINANCES: • *13.A.1. Consider an ordinance amending the City of Round Rock Design and Construction Standards to revise Section 1 of the Street Design Criteria of the Transportation Criteria Manual. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1 OF THE CITY OF ROUND ROCK DESIGN AND CONSTRUCTION STANDARS TRANSPORTATION CRITERIA MANUAL ADOPTED BY ORDINANCE NO. G-04-12-16-13A1, TO AMEND TABLE 1-7; TO REVISE FIGURES 1-6 THROUGH 1-7, FIGURES 1-12 THROUGH 1-17, FIGURES 1-21 THROUGH 1-25, FIGURE 1- 68 APRIL 14, 2005 25a, AND FIGURE 1-29; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLTUIONS. *13.A.2. Consider an ordinance amending Chapter 9 Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from Greenlawn Boulevard to a point 0.366 miles west of Greenlawn Boulevard (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF DELL WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 13.A.3. Consider an ordinance closing hearing and levying assessments of certain improvements to be provided in the Forest Creek Drive Public Improvement District (PID). (First Reading) Tom. Martin,.Transportation Services Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS TO BE PROVIDED IN THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember • Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.A.4. Consider an ordinance prohibiting commercial truck traffic on Red Bud Lane (CR 122) from US 79 to Gattis School Road during the construction of Red Bud Lane (First Reading) Tom Martin, Director of Transportation Services made the staff presentation. Phases I and II of the reconstruction of Red Bud Lane began in December 2004. Construction has narrowed lane widths on this facility and utilizes frequent lane closures, 69 APRIL 14, 2005 resulting in significant delays and congestion. During this same period, there has been noted significant increase in the use.of Red Bud Lane between US 79 and Gattis School Road by thru commercial trucks, including aggregate haulers to avoid congestion on other thoroughfares. Their presence, particularly dur..i,ng lane closures, has further increased congestion, has slowed local traffic in the area, and present significant safety concerns. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON RED BUD LANE (COUNTY ROAD 122) BETWEEN U.S. 79 AND GATTIS SCHOOL ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance rezoning 2.78 acres of land from District C-1 • (General Commercial) to District C-1-PV (General Commercial with the Palm Valley Overlay). (3220/3250 E. Palm Valley Boulevard) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. Councilmember Nielson disclosed.1that he would be abstaining from discussion or vote on this item due to a conflict of interest. He has professionally represented.the entity of this tract. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 2.78 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT C-1-PV (GENERAL COMMERCIAL WITH THE PALM VALLEY OVERLAY). MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Abstain: Councilmember Nielson ACTION: The motion carried with 6 ayes and 1 abstention. 70 APRIL 14, 2005. 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Abstain: Councilmember Nielson ACTION: The motion carried with 6 ayes and 1 abstention. 13.B.2. Consider an ordinance rezoning 8.873 acres of land from District PUD No. 16 (Planned Unit Development) to District TH (Townhouse). (451 School Days Lane) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.3. Consider an ordinance rezoning 7.592 and 1.712 acres of land totaling 9.304 acres of land from District PUD No. 16 (Planned Unit Development) to District PF-1 (Public Facilities-Low Intensity). (400 Gattis School Road) (First Reading) Jim Stendebach, Planning Director made the staff presentation for 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 7.592 ACRES AND 1.712 ACRES TOTALING 9.304 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 16 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PF-1 (PUBLIC FACILITIES-LOW INTENSITY). APRIL 14, 2005 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford 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 McGraw seconded,;the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.4. Consider an ordinance rezoning 3.353 acres of land from District PUD No. 16 (Planned Unit Development) to District C-2 (Local Commercial). (500 Gattis School Road), (First Reading), Jim Stendebach, Planning Director made the staff presentation for this item • during theublic hearing. P 9 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED.IN SECTION 11.401(2)(a), CODE OF ORDINANCES, (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3.353 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 16 (PLANNED UNIT DEVELOPMENT) TO DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford 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 Clifford Councilmember Knight Councilmember Rhode Councilmember Coe 72 APRIL 14, 2005 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.B.5. Consider an ordinance annexing 18.07 acres out of the Ephraim Evans Survey. (Scott and White tract) (First Reading). This item was withdrawn at the request of the applicant. 13.C.1. Consider an ordinance authorizing the Mayor to execute an amended cable • franchise agreement with Grande Communications, Inc. (First Reading) Will Hampton, Communications Director made the staff presentation. The timing of the approval of this amendment must coincide with the new Time Warner franchise to maintain competitive neutrality between the two. This amendment increases the franchise fee to 5 percent from 4 percent for Grande Communications. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. G-01-11-20-12A1, A FRANCHISE GRANTED TO GRANDE COMMUNICATIONS, INC. RELATING TO THE DELIVERY OF CABLE SERVICES; SAID AMENDMENT REVISING THE FRANCHISE FEE PERCENTAGE, AND CONTAINING OTHER PROVISIONS MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance authorizing the Mayor to execute an amended cable franchise agreement with Time Warner Entertainment Advance/Newhouse PartnershiQ. (First Reading) Will Hampton, Communications Director made the staff presentation. The timing of the approval of this amendment must coincide with the amendment to the Grande franchise to maintain competitive neutrality between the two. This amendment increases the franchise fee to 5 percent from 4 percent for Time Warner Entertainment Advance/Newhouse Partnership, and extends the term to January 31, 2006. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. G-98-10-22-9A1 AND PREVIOUS RELATED • ORDINANCES, WHICH GRANTED A FRANCHISE TO TIME WARNER ENTERTAINMENT- ADVANCE/ NEWHOUSE PARTNERSHIP ("TIME WARNER") RELATED TO THE DELIVERY OF CABLE SERVICES; SAID AMENDMENT REVISING THE FRANCHISE FEE PERCENTAGE, AND CONTAINING OTHER PROVISIONS MOTION: Councilmember Clifford moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode 73 APRIL 14, 2005 Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *14.A.1. Consider a resolution approving a reimbursement to Zena Land Development, LP for the cost of oversizing water mains associated with the Stony Brook Sections 5 and 6 development. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, §8.503 Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, Zena Land Development, L.P. has submitted a reimbursement request for the oversizing of water mains associated �.wlth the Stoney Brook Sections 5 and 6 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 authorizes the reimbursement to Zena Land Development, L.P. of $25,157.60, which is the cost of oversizing water mains associated with the Stoney Brook Sections 5 and 6 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 14th day of April, 2005. *14.B.1. Consider a resolution authorizing a property tax refund to Aaron Rents, Inc. for 2004 taxes in the amount of$921.83. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax,,,,Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Aaron Rents, Inc. has made an overpayment or erroneous payment of 2004 taxes in the amount of $921.83; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said 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 $921.83. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed "considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2005. *14.B.2. Consider a resolution authorizing a property tax refund to Badru Walji for 2004 taxes in the amount of $1,660.04. 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 74 APRIL 14, 2005 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, Badru Walji has made an overpayment or erroneous payment of 2004 taxes in the amount of $1,660.04; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $1,660.04. 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 14th day of April, 2005. 14.B.3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Capital Metro to receive the City's allocation of Federal Transit Administration Section 5307 funds. Cindy Demers, Director of Finance made the staff presentation. As a result of the 2000 census, the City was reclassified from a rural area to part of the Austin urbanized area for federal transportation funding purposes. This reclassification resulted in the Austin urbanized area federal grantee, Capital Metro, becoming the City's contact for access to the City's share of federal transit funding. The Capital Metro Transit Authority recently completed a Section 5307 Allocation Strategy study regarding the allocation, distribution, and future availability of Federal Transit Administration (FTA) Section 5307 funding, which is generated by the Round Rock community as part of the Austin Urbanized Area Section 5307 formula allocation. The City desires to use its fair share of the Austin Urbanized Area Section 5307 funding to support the planning, capital development, and (if appropriate) operation of public transit to serve its community including paratransit, fixed route, and express commuter services. This interlocal agreement sets forth the terms by which the City can access the federal funding through Capital Metro. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Capital Metropolitan Transit Authority to receive the City's allocation of Federal Transit Administration Section 5307 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 Agreement with the Capital Metropolitan Transit 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 14th day of April, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. 75 APRIL 14, 2005 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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 Golf Course Management Agreement with CCA-Silband/Golf Corp./Round Rock, Inc. for the Forest Creek Golf Course. David Kautz, Assistant City Manager made the staff presentation for this item during the work session., RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is the owner of an 18-hole golf course facility known as the Forest Creek Golf Course, and WHEREAS, the City and CCA Silband/Golfcorp/Round Rock, Inc. (`Golfcorp") wish to enter into a Golf Course Management Agreement which provides for the management and operation of the Forest Creek Golf Course by Golfcorp, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Golf Course Management Agreement with CCA Silband/Golfcorp/Round Rock, Inc., a copy of said agreement being attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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 an Agreement for Consulting Services and a Work Made for Hire Agreement for a Branding/Wayfinding Signage System Master Plan with Vaughn Wedeen Creative, Inc. This item was addressed earlier in the meeting.) 14.D.1. Consider a resolution authorizing the Mayor to execute an Amendment to Interlocal Agreement with Williamson County, Texas regarding the regulation and approval of plats in various subdivisions in the City of Round Rock's extraterritorial iurisdiction. (Highlands at Mayfield Ranch, Parkside at Mayfield Ranch and Lone Star Business Park) Jim Stendebach, Planning Director made the staff presentation. This amendment to the agreement will add two proposed utility districts that will not be serviced by the City to the area where plats will be reviewed by the county. This is consistent with the Consent agreements. This will also grant subdivision review authority for the Lone Star Business 76 APRIL 14, 2005 Park at the far eastside of our ETJ where city services are not available. This ratifies the staff agreement between City of Round Rock and Williamson County. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with Williamson County to identify the government responsible for regulating plats and permits in various portions of Round Rock's ETJ, and WHEREAS, the City now wishes to amend said agreement to include the Highlands at Mayfield Ranch Subdivision, the Parkside at Mayfield Ranch Subdivision, and the Lone Star Business Park in Williamson County's jurisdiction, Now Therefore BE IT RESOLVED BY 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 Amendment to 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 14th day of April, 2005. MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor ,Maxwell Nays: None ACTION. The motion carried unanimously. 14.D.2. Consider a resolution authorizing the Mavor to execute a Consent Agreement with Parkside at Mayfield Ranch, Ltd. for the creation of Parkside at Mayfield Ranch Municipal Utility District. Jim Stendebach, Planning Director and Steve Sheets, City Attorney made the staff presentation. Parkside at Mayfield Ranch, Ltd. has requested City consent to create a Municipal Utility District for a 370.456-acre tract of land in the northwest corner of our ETJ. The land is within the CCN of the City of Georgetown and wastewater will be provided by Williamson County or such other entity that can provide wastewater service. The following are the main provisions of the consent agreement: 1. City will receive a "Master Development Fee" of 8% of each bond reimbursement up to 1.6 million dollars. 2. Developer will construct 2 lanes of Arterial H from Flowstone Lane to Lagoona Drive. $200,493.00 of fiscal security held by the City will be used to assist this construction. 3. The Developer and County have entered into a cost sharing agreement for the extension of Arterial H west to CR 175. This agreement is attached as an exhibit. 4. The City will not provide water or wastewater services to the MUD. 5. Streetlights will be the responsibility of the MUD or electric utility. 6. Drainage plans must be approved by.the City. 7. Development must comply with the Master Development Plan attached as an exhibit. 8. The City consents to the creation of the MUD. RESOLUTION NO. WHEREAS, Parkside at Mayfield Ranch, Ltd. ("Developer") is the owner of approximately 370.456 acres of land located within the extraterritorial jurisdiction of the City of Round Rock ("City"), and WHEREAS, Developer intends to develop the land as "Parkside at Mayfield Ranch" and has requested that the City consent to the creation of a Municipal Utility District ("MUD") for said land, and 77 APRIL 14, 2005 WHEREAS, the City wishes to enter into a Consent Agreement with the Developer regarding the creation of the MUD,-Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Consent Agreement with Parkside at Mayfield Ranch, Ltd., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all' times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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 Camp Dresser & McKee, Inc. for the 2005 Raw Water Delivery System Improvements Project. Tom Clark, Utilities Director made the staff presentation. In 2004, Camp Dresser & McKee was hired to evaluate the capacities of the raw water pump .station and pipeline and recommend improvements to increase the capacity to 48 mgd to allow for full access to.water under contract in Lakes Georgetown and Stillhouse Hollow. In order to reach the full capacity of 48 mgd, the report recommended replacing three 3.6 MGD pumps with new 7.2 MGD pumps, a motor control center and replacing approximately 20,000 linear feet of 30" CSC raw water line with 48" ductile iron (DI) water line. The estimated construction cost for this project is $9,820,400 scheduled for completion in September 2007. This agreement will authorize the design, surveying and construction administration of the improvements needed at a cost of $1,179,600.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2005 Raw Water Delivery System Improvements Project, 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 the 2005 Raw Water Delivery System 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 14th day of April, 2005. 78 APRIL 14, 2005 MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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 Supplemental Agreement No. 2 to the 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. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services (`Contract") with S.D. Kallman, L.P. for the design of a 12 inch water line from South Mays Street to Gattis School Road, and WHEREAS, S.D. Kallman, L.P. has submitted Supplemental Agreement No. 2 to the Contract for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with S.D. Kallman, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Contract for Engineering Services with S.D. Kallman, L.P., 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 14th day of April, 2005. 14.E.3. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting for the Westinghouse Wastewater Interceptor and Water Treatment Plant Offsite Wastewater Line Improvements Project. Tom Clark, Utilities Director made the staff presentation. On March 22, 2005 seven bids were received for the Westinghouse Wastewater Interceptor and Water Treatment Plant Offsite Wastewater Line Improvements Project. This project consists of two segments including 8,500 linear feet of wastewater line from 15-inch to 36-inch diameter to serve approximately 4,000 acres, known as the Westinghouse Wastewater Interceptor and the Water Treatment Plant Offsite Wastewater Line, consisting of approximately 3,400 linear feet of wastewater line being 12-inch diameter. Chasco Contracting submitted the low bid of $1,456,127.60. Based upon the review of the bids by staff and S.D. Kallman, L.P., staff recommended award of the contract to Chasco Contracting. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Westinghouse Wastewater Interceptor and Water Treatment Plant Offsite Wastewater Line Improvements Project, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest responsible bid, and ii 79 APRIL 14, 2005 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 Westinghouse Wastewater Interceptor and Water Treatment Plant Offsite Wastewater 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 14th day of April, 2005. MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the Arterial A, US 79 to Chandler Creek Project. Tom Martin, Transportation Services Director made the staff presentation. HDR • Engineering, Inc., has been the design engineer for the Arterial A project since its inception. Their continued efforts to provide a resolution of the project will provide consistent project knowledge and coordination with already familiar entities. This contract will provide for engineering services for Arterial A that includes investigation of possible alternatives and recommendations regarding the Union Pacific Railroad Bridge, coordinate findings with US 79 bridge project, and provide required geotechnical work. The cost of the work is $41, 280.13. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Arterial A, US 79 to Chandler Creek Project, and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to.execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc., for the Arterial A, US 79 to • Chandler Creek 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 14th day of.April, 2005. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson 80 APRIL 14, 2005 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 with Baker-Aicklen &Associates, Inc. for the design of roadway • improvements on Red Bud Lane (CR 122) from CR 123 to Gattis School Road. This item was approved under the consent agenda. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Baker-Aicklen & Associates, Inc. for the design of roadway improvements on CR 122 from Forest Creek Drive to Brushy Creek, and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted Supplemental Agreement No. 5 to Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to approve said Supplemental Agreement No. 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 Agreement No. 5 with Baker-Aicklen &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 14th day of April, 2005. 14.17.3. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan (TCIP). Tom Martin, Transportation Services Director 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 for the following: 1. To eliminate the $800,000 budget for the Arterial "C" Project. This project is beyond the three (3) year planning horizon of the TCIP. 2. To increase the budget for the A.W. Grimes Blvd (Arterial "B") Project from $23,791,415 to $24,052,415. The additional $261,000 is for utility relocation. 3. To increase the budget for the Kiphen Road (CR 113) Project from $8,688,755 to $12,510,311. The additional $3,821,556 is for additional right-of-way and an increase in the construction estimate for both Phase 1 and 2. 4. To reduce the budget for the Greenlawn Extension Project from $4,458,672 to $4,331,861. The $126,811 reduction is in preparation for project close out. 5. To eliminate the $5,000,000 budget for the Greenlawn Interchange Project. Due to changing TxDOT priorities, this project is moving beyond the three (3) year planning horizon of the TCIP. 81 APRIL 14, 2005 6. To increase the budget for the IH 35 Area Improvements Project from $6,000,000 to $6,418,431. The additional $418,431 is for additional engineering. 7. To increase the budget for the IH 35 Frontage Road Collector / Distributor and Hester's Crossing Bridge Replacement Project from $7,650,000 to $9,780,000. The additional $2,13,0,000 is for TxDOT Construction Engineering and Administrative fees and an increase in the construction estimate. 8. To reduce the budget for the South Mays Street Improvements Project from $5,001,465 to $4,901,465. The $100,000 reduction is in preparation for project close out. 9. To reduce the budget for the US 79 Project (CR 195 to CR 110) from $2,550,000 to $2,375,892. The $174,108 reduction is in preparation for project close out. 10.To increase the budget for the US 79 Project (FM 1460 to CR 195) from $8,012,745 to $9,012,745. The additional $1,000,000 is for an increase in the construction estimate. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC") has previously adopted a Transportation Capital Improvement Plan ("Plan"), and WHEREAS, the RRTSDC wishes to amend said Plan, and WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be approved by the City Council, and WHEREAS, the City Council wishes to approve said amendments to the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the amendment to the Transportation Capital Improvement Plan approved by the Round Rock Transportation System Development Corporation, which is attached hereto as Exhibit "A", is hereby approved. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2005. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.F.4. Consider a resolution authorizing the Mayor to execute an Advance Funding • Agreement with the Texas Department of Transportation for the realignment of CR 113 (Kiphen Road) at FM 1460. Tom Martin, Transportation Services Director made the staff presentation. This work is for the construction of a connection between FM 1460 and the proposed widening of Kiphen Road (CR 113) to CR 122. This work will be constructed as part of TxDOT's larger project to widen FM 1460 between US 79 and Old Settlers Boulevard. The City will pay for the cost of the construction of the realignment of CR 113 (Kiphen Road) at that intersection with FM 1460. The City's participation is 1009/0 of the cost of this 82 APRIL 14, 2005 particular improvement. The estimated cost of this additional work is $2,469,167.50 including construction, contingencies, TxDOT engineering, and administration costs. 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 Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match (`Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding the realignment of CR 113 (Kiphen Road) at FM 1460, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2005. MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.F.5. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the Hesters Crossing at IH-35 Collector-Distributor Project. Tom Martin, Transportation Services Director made the staff presentation. The City, through its design consultant, Huggins/Seiler &Associates, L.P., has been working on plans to reconstruct the Hesters Crossing/Business IH-35 Interchange to provide a Collector-Distributor System for exiting southbound traffic as well as revisions to the eastern intersection of Hesters Crossing with Business IH-35 and Dell Way. This Advance Funding Agreement (AFA) with TxDOT is for that work. In addition, TxDOT has required the City to fund the State's cost for construction engineering and contract administration. The approximate cost of this proposed work is as follows: $ 7,769,085 (Construction) • $ 854,599 (TxDOT - Construction Engineering) $ 258,710 (TxDOT - Administration) $ 806,023 (Professional Services - Huggins/Seiler & Assoc.) $9,688,417.00 - Total This expenditure is included in the Corporation's currently approved Transportation Capital Improvement Plan. RESOLUTION NO. 83 APRIL 14, 2005 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 Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match ("Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding the Hesters Crossing at IH-35 Collector- Distributor, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City • said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of April, 2005,. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • COUNCIL COMMENTS: None EXECUTIVE SESSION: 16.A.1. Executive Session as authorized by 8551.072 Government Code, related to the possible purchase of 120 South Brown Street. Mayor Maxwell called the Executive Session to order.!for this item at 9:37 p.m. The session adjourned at 9:50 P.M. 16.A.2. 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. (Simon] Mayor Maxwell called the Executive Session to order for this item at 9:52 p:m. The session adjourned at 10:15 p.m. ADJOURNMENT: There,beingno further business, the meeting adjourned at 10:16 p.m. Re p ctfullj submitte Christine R. Martinez, City Secretary 84 APRIL 28, 2005 The Round Rock City Council met in Regular Session on Thursday, April 28, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. 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 Alan McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, Councilmember Scot Knight, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. PROCLAMATIONS: S.A. Consider a proclamation recognizing Alan Babin. Mayor Maxwell read the following proclamation and presented it to Alan Babin and his parents. WHEREAS, our community is fortunate to have the type of individuals who find a way to make a difference in the lives of those who need them; and WHEREAS, like the many of thousands of people across the nation who • spontaneously and generously demonstrate that spirit by showing that when America faces a challenge, Americans unfailingly and loyally respond; and WHEREAS, Alan Babin took that challenge by joining the military service to make a difference in the lives of those who needed help; and WHEREAS, Alan's job as the platoon's Ione medic was to stay near the center of the formation, and to run to anyone who might need him and his rucksack of medical supplies; and WHEREAS, while Alan was doing his job in southern Iraq as a medic with the 1-325th Airborne Infantry Regiment of the 82nd Airborne he was wounded in a battle in sourthern Irag near the city of Samawa while assisting an injured comrade; and WHEREAS, Alan was the first serious casualty from a division that would suffer about 200 more in the next 18 months, 36 of them fatal; and WHEREAS, of the more than 3,500 U.S. military casualties from Iraq treated at Walter Reed, none has spent more time there than Alan. Among other things, Alan, in seven months, underwent more than 70 surgeries. He suffered aggressive infections from a fugitive strain of bacteria that kept moving from one bodily system to another. The burns on his arms and legs required a series of skin grafts. His compromised immune system opened the door to meningitis and a stroke; and WHEREAS, Alan, refusing to give up celebrated the second year of his survival on March 31; and WHEREAS, the Round Rock City Council wishes to publicly thank Alan Babin for fighting with full measure of valor and loyalty to protect a country that was not free like our United States; and NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas along with the City Council wish to formally dedicate March 31St of each year hereafter as Alan • Babin Day in the City of Round Rock, and urge all citizens to recognize and commend Alan for his many contributions to our great Nation. PROCLAIMED this 28th day of April 2005. S.B. Consider a proclamation recognizing the Star Dancers. Mayor Maxwell read the following proclamation and presented it to the Star Dancers members. WHEREAS, the Star Dancers was founded seven years ago by Director Maria Sorensen and is an elite private junior level dance team made up of 42 young ladies from Round Rock and the surrounding areas; and 85. APRIL 28, 2005 WHEREAS, these young ladies, whose ages range from fourth to ninth grade, are selected to be on this team because of their exceptional talent and their love for dance; and WHEREAS, the objective of the team is to prepare girls for their high school drill teams and to provide young talented and motivated girls with opportunities for dance performance and leadership training; and WHEREAS, the Star Dancers competed all over Texas earning top titles and awards that are too numerous to list; and WHEREAS, their outstanding performance has brought favorable recognition to our community, and NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, on • behalf of the Round Rock City Council do hereby formally congratulate and commend Meagan Woodruff, Kristin Wyllys, Shereen Ahmad, Gina Azzarito, Teresa Azzarito, Abby Bertrand, Megan Bishop, Melanie Bivone, Allyson Copeland, Gabriella de Cardenas, Olivia DeSpain, Samantha Eaves, Marissa Enriquez, Kelsey Faubion, Suzy Felfeli, Shannon Garza, Victoria Gonzales, Dani Henricks, Kimberly Hookanson, Stephanie Hoernis, Tamara Jensen, Ashley Jergins, Victoria Lance, Alex Marquez, Stassney,McCright, Ashley McGowan, Megan Mitchell, Morgan Nielsen, Tricia Pattie, Meg Pevoto, Ali Pittman, Tori Pittman, Jasmine Price, Lauren Ray, Shannon Rivers, Ka ylyn Smith, Shelby Storrie, Christen Uselton, Whitney Walls, Kaylee Wanslow, Shelby Wanslow, and Lindsay,Weeks for their exceptional record and on behalf of the Round Rock City Council wish them well in their future endeavors, and furthermore, urge all Round Rock citizens to show their support and appreciation to this group of outstanding youth. PROCLAIMED this 28th day of April 2005. 5.C. Consider proclaiming the month of May as Round Rock Hispanic Cultural Awareness Month. Mayor Maxwell read the following proclamation and presented .it to Andy Martinez of the EI Amistad Club. WHEREAS, through the years, Hispanic Americans have played an integral role in the Nation's success in science, the arts, business, government, and every other field of endeavor, and their talent, creativity, and achievements continue to energize our national life; and • WHEREAS, a number of events will bring focus to the very large and proud Hispanic culture during the month of May; and WHEREAS, El Amistad Club will help contribute to this cultural awareness by conducting its very successful "Fiesta Amistad" during the Memorial Day weekend, 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 28th day of April 2005. 5.D. Consider proclaiming May 1-7, 2005 as National Drinking Water Week, Mayor Maxwell read the following proclamation and presented it to David Freireich and Richard Medrano of.the Water/Wastewater Services 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 1-7, 2005 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 28th day of April 2005. CITIZENS COMMUNICATIONS: 86 APRIL 28, 2005 The following individuals expressed their concern regarding the consideration of modular ramps instead of concrete ramps for the skate park in the Greater Lake Creek Park Project. Darrell Lowrance, 8006 Herbs Cave Cove Seth Johnson, 4908 Duval, Austin David Uno, 1500 Prairie Star is PUBLIC HEARINGS: 6.A.1. Consider public testimony regarding an application filed by Kids & Games LLC to amend the uses in PUD No. 18 (Planned Unit Development) consisting of 11.7592 acres of land. (301 Chisholm Trail) Jim Stendebach, Planning Director made the staff presentation. This property was originally zoned single-family and re-zoned to the Putt Putt PUD (PUD No. 18) in 1994 to accommodate and regulate the Putt-n-Funn Zone. Additional amendments occurred in 1997 and 2000. The latest amendment has two primary components: (1) a change to the use of the existing baseball field, and (2) a change to the wall between the go-cart track and the parking lot. In addition to these two changes, there are a number of minor modifications to the PUD. Altogether, the proposed amendment includes seven modifications. These modifications will: 1. Change the use of the existing baseball field from baseball to "sports of a non- • motorized nature," e.g. paintball, human-scale mazes and soccer. 2. Remove references to upgrades to the baseball field. 3. Replace a section of the concrete wall separating the go-cart area from the parking lot with a metal fence to allow the go-cart area to be seen from the parking lot. (The concrete wall is not needed as a sound barrier because the go-carts are electric- powered.) 4. Ensure that existing vegetation around the baseball field remains undisturbed. 5. Ensure that no new lighting is added without first discontinuing the use of the existing lighting. Also ensure that any new lighting meets the standards of the Zoning Ordinance (height, shielding, etc.) 6. Establish a 70-foot building setback from the western property line along the baseball field (where the neighboring church is located). 7. Replace the site exhibit in the PUD with a new exhibit re-labeling the baseball field. He added that the Director of Transportation Services determined that the impact of the proposed amendment on current traffic conditions would be inconsequential and has waived the TIA requirement. Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. 6.A.2. Consider public testimony regarding an application filed by Behrens • Subdivision, Ltd. to rezone 20.073 acres of land from District OS (Open Space) to District SF-2 (Single Family-Standard Lot). (9500 Wyoming Springs Drive) Jim Stendebach, Planning Director made the staff presentation. This tract is abutting Wyoming Springs Road to the west and Behrens Ranch Parkway to the north. The developer is requesting that 20.073 acres of land currently zoned OS (Open Space) District be rezoned to the SF-2 (Single Family-Standard Lot) District so he can subdivide the tract into 82 single-family lots. These lots are similar in size to the surrounding existing sections of the Behrens Ranch APRIL 28, 2005 Subdivision. Both the developer and the HOA have held several meetings with the neighbors to secure support of the rezoning. Historically, a rezoning request for 240 acres of land was approved by City Council on February 24, 2000 from SF-1 District and SF-2 District to OS District for the specific use of a Golf Course. However, the developer has determined that due to financial issues, a golf course will not be feasible. He applied for a • zoning change in February 2004 and the Planning and Zoning Commission recommended disapproval of the request due to neighborhood opposition. Since that time, the developer has settled a lawsuit with a number of the neighboring property owners who are now in support of the rezoning. The remaining 240 acres of OS will be deeded to the City and maintained as parkland. The zoning change request was again presented to the Planning and Zoning Commission in March 2005 and received a favorable recommendation. Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *8.A. Consider approval of the City Council minutes for April 14, 2005. • *9.A.1. Consider an ordinance prohibiting commercial truck traffic on Red Bud Lane (CR 122) from US 79 to Gattis School Road during the construction of Red Bud Lane. (Second Reading) *9.B.1. Consider an ordinance authorizing the Mayor to execute an amended cable franchise agreement with Grande Communications, Inc. (Second Reading) *9.B.2. Consider an ordinance authorizing the Mayor to execute an amended cable franchise agreement with Time Warner Entertainment Advance/Newhouse Partnership (Second Reading) *10.B.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the Contract for Engineering Services with Gray, ]ansing &Associates Inc. for the Stone Oak Booster Pump Station Proiect. *10.C.1. Consider a resolution authorizing a property tax refund to Fort Round • Rock, Ltd. for 2004 taxes in the amount of $8,964.82. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 88 APRIL 28, 2005 ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8.A. Consider approval of the City Council minutes for April 14 2005 This item was approved under the consent agenda. ORDINANCES: *9.A.1. Consider an ordinance prohibiting commercial truck traffic on Red Bud Lane • (CR 122) from US 79 to Gattis School Road during the construction of Red Bud Lane. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON RED BUD LANE (COUNTY ROAD 122) BETWEEN U.S. 79 AND GATTIS SCHOOL ROAD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.B.1. Consider an ordinance authorizing the Mayor to execute an amended cable franchise agreement with Grande Communications, Inc. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. G-01-11-20-12A1, A FRANCHISE GRANTED TO GRANDE COMMUNICATIONS, INC. RELATING TO THE DELIVERY OF CABLE SERVICES; • SAID AMENDMENT REVISING THE FRANCHISE FEE PERCENTAGE, AND CONTAINING OTHER PROVISIONS *9.B.2. Consider an ordinance authorizing the Mayor to execute an amended cable franchise agreement with Time Warner Entertainment Advance/Newhouse Partnership. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. G-98-10-22-9A1 AND PREVIOUS RELATED ORDINANCES, WHICH GRANTED A FRANCHISE TO TIME WARNER ENTERTAINMENT- ADVANCE/ NEWHOUSE PARTNERSHIP (-TIME WARNER") RELATED TO THE DELIVERY OF CABLE SERVICES; SAID AMENDMENT REVISING THE FRANCHISE FEE PERCENTAGE, AND CONTAINING OTHER PROVISIONS. 9.C.1. Consider an ordinance to amend the uses in PUD No. 18 (Planned Unit Development) consisting of 11.7592 acres of land. (301 Chisholm Trail) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. ORDINANCE NO. • AN ORDINANCE AMENDING ORDINANCE NO. Z-94-02-10-8F, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON NOVEMBER 22, 1994, AND AMENDED BY ORDINANCE NO. Z-97-04-10-13E ON APRIL 10, 1997 AND BY ORDINANCE NO. Z-00-04- 13-9C3 ON APRIL 13, 2000, BY AMENDING THE DEVELOPMENT PLAN OF PUD NO. 18, APPROVED AND AMENDED BY THE CITY COUNCIL-IN SAID ORDINANCES, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson 89, APRIL 28, 2005 Mayor Pro-tem McGraw Councilmember Clifford 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: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.C.2. Consider an ordinance rezoning 49.42 acres of land from District PUD No. 37 . (Planned Unit Development) to District PF-3 (Public Facility-High Intensity). (300 Chandler Road) (Scott & White) (First Reading) Jim Stendebach, Planning Director made the following staff presentation. Scott & White currently owns approximately 99 acres of land at the northeast corner of IH-35 and Chandler Road. This 49.42 acre tract is a part of the 99- acre tract that was annexed in 1980. The original zoning was I-1 (Industrial zoning). In 1999, the property was rezoned to PUD No. 37 to accommodate the hospital and medical center proposed by Scott & White. On March 16,2005, the Planning and Zoning Commission rendered a favorable recommendation to re-zone the property from PUD No.,37 to PF-3 (Public Facilities - High Intensity). Since the adoption of that PUD, Scott & White has adjusted their plans and is no longer committed to the development envisioned in PUD No. 37. They are still committed to building a hospital and medical center, but there are no specific plans for that development. Therefore, the specific standards and regulations of PUD No. 37 are no longer appropriate for the development. Since Scott & White is approaching the hospital development without a specific plan, it is more appropriate to use a general zoning district rather than a customized PUD. The City's PF-3 (Public Facilities - High Intensity) district is a perfect fit for this type of medical use, allowing them the • flexibility to develop the hospital with its associated medical offices and other ancillary uses without having to commit to specific standards typical of a PUD agreement. One of the primary changes in the development plan for Scott & White is the location. At this time, Scott &White intends to sell the western half of the PUD property (roughly 50 acres) to a developer (Chandler/I-35 Retail, Ltd.) for a retail shopping center. Scott & White will then use the remainingeastern half of the property (roughly 49 acres for their hospital. In P P Y ( 9 Y ) P order to accommodate the type of medical complex they intend to build, Scott & White will acquire an additional 18 acres from Newland Communities (the developer of Teravista) to 9 0. APRIL 28, 2005 join with the 49 acres they already own. Scott & White is requesting PF-3 zoning for both tracts. 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 49.42 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM • DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PF-3 (PUBLIC FACILITY-HIGH INTENSITY). MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Halff Associates, Inc. for the Greater Lake Creek Park Improvements Project. James Hemenes, Park Development Manager made the staff presentation. The Greater Lake Creek Park Project involves three existing park properties and several parcels of land that the City already has or will acquire through the platting process of new neighborhoods. Clay Madsen Park, Greenlawn Park, and Lake Creek Park will all receive improvements in the form of new development and/or renovations. These three parks will also be connected with a hike & bike trail. Also included in this project will • be the City's first skate park, dog park, and inline hockey facility. This project is partially funded by a Texas Parks and Wildlife Dept. (TPWD) Grant. The City also has an application in for a Grant from the Lower Colorado River Authority (LCRA).Engineering services needed for the planning, designing and creation of construction plans necessary to construct the Greater Lake Creek Park Improvements Project. The cost of the engineering services is $159,693.00, also included in the contract will be construction observation duties. f 91, APRIL 28, 2005 The Council and staff had a lengthy discussion regarding the skate park and concerns expressed during Citizens Communications. The Council asked staff for more details regarding modular ramps and concrete ramps, difference in cost and clarification of the scope of work by the engineers for this project.;, RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for the Greater Lake Creek Park Improvements Project, and WHEREAS, Halff 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 Halff Associates, Inc., Now Therefore - BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Halff Associates, Inc. for the Greater Lake Creek Park 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 28th day of April 2005. MOTION: Counciimember Rhode moved to table this resolution to give staff time to address the Councils questions. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.B.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the Contract for Engineering Services with Gray, Jansing &Associates, Inc. for the Stone Oak Booster Pump Station Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services with Gray, Jansing &Associates, Inc. for the Stone Oak Booster Pump Station Project, and WHEREAS, Gray, Jansing &Associates, Inc. has submitted Supplemental Contract No. 1 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract 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 Contract No. 1 to the Contract for Engineering Services 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 28th day of April, 2005. 92 APRIL 28, 2005 *10.C.1. Consider a resolution authorizing a property tax refund to Fort Round Rock, Ltd. for 2004 taxes in the amount of $8,964.82. 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„ Fort Round Rock, LTD has made an overpayment or erroneous payment of 2004 taxes in the amount of $8,964.82; 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 $8,964.82. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of April, 2005. 10.C.2. 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 made the staff presentation. Since deregulation • of the electric market, the City has sought to competitively purchase electricity. Previously the City has utilized the Governmental Aggregation Project (GAP) to procure electricity. This group currently aggregates the electric use of six entities to obtain pricing as well as provides consulting services to the entities. This year staff is working with H-GAC to obtain pricing because H-GAC offers the following: • Competitive pricing (at least 6 providers) • Leverage of membership - 112 active electric contracts • Flexibility - the City is not bound to solicit pricing solely through H-GAC • Contract addendum for municipalities already negotiated • Consulting services included The City's current contract with First Choice Power expires on June 30, 2005. Current upward trends in the cost of natural gas are translating into continued significant price increases for electric power. The City has begun the process to solicit competitive pricing from retail electric providers (REP's). This pricing will be obtained through the electric purchasing cooperative offered by H-GAC as well as directly from providers, if necessary. This resolution grants the Mayor the authority to execute the negotiated contract that results.from this process. In addition, this item 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 93 APRIL 28, 2005 WHEREAS, the City of Round Rock's current electric contract expires on June 30, 2005, and WHEREAS, the City is in the process of soliciting pricing from several Retail Electric Providers (REPs), all of which are properly registered with the Public Utility Commission, 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, provided the terms of this Resolution are complied with, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • Section 1: The Mayor may execute, on behalf of the City, a contract to purchase power between the City and a Retail Electric Provider in accordance with the terms of this Resolution. Section 2: The Mayor may only execute an electric power supply contract ("Contract") with an REP in the event the following conditions are strictly complied with: (i) that the term of the Contract is no less than six months and no more than two years; (ii) that the price per kilowatt hour (KWH) shall be competitive compared to other known KWH charges, considering the terms of the competitive Contract and a better value than the Price to Beat; (iii) that the REP 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. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mavor to execute a Contract for Engineering Services with Kasberg, Patrick &Associates, LLP for the Austin Avenue and Liberty Avenue Street Improvements Project. Danny Halden, City Engineer made the staff presentation. This contract is to provide preliminary engineering for the reconstruction of Austin Avenue from Mays Street east to the dead end, Liberty Avenue from Mays Street • east to the dead end, and Liberty Avenue from FM620 west to the dead end. These streets were identified for reconstruction and were recommended by the Bond Task Force to be included in the Bond election approved by the citizens of Round Rock in November 2001. These streets are generally anticipated to be reconstructed with asphalt paved roadways, with concrete curbing and sidewalks as appropriate. Also included are necessary drainage improvements and utility reconstruction/relocation. This preliminary engineering will culminate in the roadway/drainage/utility schematics and construction cost estimates. Any 94 APRIL 28, 2005 additional right-of-way needed will also be identified during this phase of the project. The cost is $113,785.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Austin Avenue and Liberty Avenue Improvements Project, and WHEREAS, Kasberg, Patrick &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 Kasberg, Patrick & • 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 Kasberg, Patrick &Associates, Inc. for the Austin Avenue and Liberty Avenue 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 28th day of April, 2005. MOTION: Councilmember Coe moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.2. Consider a resolution authorizing the Mavor to execute Change Order No. 3 with Chasco Contracting for the Downtown Streets, Phase I, Street Reconstruction Proiect. Danny Halden, City Engineer made the staff presentation. The noted project consisted of the reconstruction of Pecan, Circle Avenue, Parkway, Nelson and a portion of Black Street from Austin Avenue to Circle Avenue, including replacement of water and wastewater mains and services. Also included in the project were parking improvements at Veterans Park. Soil borings were obtained during the engineering phase of the project and the boring logs were included in the project manual. According to the boring logs, rock subgrade was not indicated along Circle Avenue. However, the contractor found he had to excavate through rock to install the water, wastewater and storm sewer pipes within Circle Avenue and is requesting additional compensation. By the letter of the contract and specifications, the • City is not obligated to render the additional compensation. However, it can be reasonably conceived that the bid price would have been somewhat higher had the Contractor known about the rock that would be encountered. Since the improvements occurred in a developed area, the contractor did not follow his standard practice of exploratory excavation prior to submitting his bid. The City's consultant researched the rock excavation and concluded that approximately $19,000 would be reasonable compensation for the difficulty encountered. Due to the unanticipated field conditions and the contractor's explanation that 95, APRIL 28, 2005 he relied on the information supplied by the City, staff recommended that the City render additional compensation, in amount not to exceed $19,000. RESOLUTION NO. WHEREAS, the City of Round Rock,,;; has previously entered into a contract ("Contract") with Chasco Contracting, Inc. for the Downtown Streets, Phase I, Street Reconstruction Project, and WHEREAS, the Council has determined that it necessary to make changes to the • quantity of work to be performed or materials, equipment; or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with Chasco Contracting, Inc. for the Downtown Streets, Phase I, Street Reconstruction 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 28th day of April, 2005. MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Knight seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the Mayor to execute a License Agreement with Georgetown Railroad Company for the Onion Branch/Georgetown Railroad Culvert Improvement Project. Danny Halden, City Engineer made the staff presentation. The eastern edge of the Hermitage subdivision is within the 100-year flood plain. Even though the houses in this subdivision are somewhat elevated and have not experienced flooding, the streets in the subdivision do become inundated with water during intense rainfall events. This project is to improve existing conveyance conditions along Onion Branch in the vicinity of the Hermitage subdivision. Currently, there are five 30-inch diameter pipe culverts that are located on Onion Branch at the existing railroad tracks. During large storm events, these pipe culverts are not large enough to transport the stormwater past the railroad tracks without overtopping the tracks or backing up water into the streets. This project will replace the five existing pipe culverts with four 8-foot box culverts, to improve the conveyance of stormwater under the railroad tracks. Since the project is located on the Georgetown Railroad Company (GRR) property, this license agreement will authorize the City to access the Georgetown Railroad Company (GRR) property in order to complete the required drainage improvements. GRR will assist the City 96 APRIL 28, 2005 with this project by removing the tracks and replacing the tracks as needed in order to keep at least one of the three railroad tracks operational at all times. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a License Agreement with Georgetown Railroad Company regarding the Onion Branch/Georgetown Railroad Culvert Improvements Project, and WHEREAS, the Council wishes to accept the terms and conditions of said Agreement with Georgetown Railroad Company, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement with Georgetown Railroad Company, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of April, 2005. MOTION: Councilmember Knight moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 10.D.4. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting for the Onion Branch/Georgetown Railroad Culvert Improvements Project. Danny Halden, City Engineer made the staff presentation. This project is to improve existing conveyance conditions along Onion Branch in the vicinity of the Hermitage subdivision. Currently, there are five 30-inch diameter pipe culverts that are located on Onion Branch at the existing railroad tracks. During large storm events, these pipe culverts are not large enough to transport the stormwater past the railroad tracks without overtopping the tracks or backing up water into the streets. This project will replace the five existing pipe culverts with four 8-foot box culverts, to improve the conveyance of stormwater under the railroad tracks. Georgetown Railroad Company will assist the City and Chasco with this project by removing the tracks and replacing the tracks as needed in order to keep at least one of the three railroad tracks operational at all times. On March 22, • 2005, four bids were received and opened. Chasco Contracting submitted the low bid. After review of the bids by the Engineer and City staff, recommendation was to award the contract to Chasco in the amount of$353,530.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Onion Branch/Georgetown Railroad Culvert Improvements Project, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, Inc., Now Therefore 97 APRIL 28 2005 BE IT RESOLVED BY THE 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 Onion Branch/Georgetown Railroad Culvert 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 28th day of April, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute,a Real Estate Contract with Palm Valley Lutheran Church for the purchase of 3.108 acres of right-of-ways a 0.367-acre water line easement, and a 0.187-acre water line easement for the Highway 79 Expansion Project. This item was addressed after the Executive Session. COUNCIL COMMENTS: None EXECUTIVE SESSION: 12.A. Consider Executive Session as authorized by 5551.072 Government Code, related to the possible purchase of right-of-way and water line easements from Palm Valley Lutheran Church ifor the Highway 79 Expansion Project. 12.B. .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. (Simon) The Council recessed to the Executive Chamber for the Executive Session. The Executive Session for item 12A was called to order by Mayor Maxwell at 8:49 p.m. and adjourned at 9:07 p.m. The Executive Session for item 12B was called to order by Mayor Maxwell at 9:08 p.m. and adjourned at 9:29 p.m.` • The Council returned to the City Council Chamber to address the remaining items on the agenda. 10.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Palm Valley Lutheran Church for the purchase of 3.108 acres of right-of-way, a 0.367-acre water line easement, and a 0.187-acre water line easement for the Highway 79 Expansion Project. The Highway 79 improvement project requires that the City obtain additional right-of-way and utility easements from Palm Valley Lutheran Church. The APRIL 28, 2005 acquisition of this property will complete the acquisition phase of the project. The Palm Valley Lutheran Church offered to sell the needed right-of-way and easements. Staff recommended that the necessary property from the Palm Valley Lutheran Church for $900,000.00. RESOLUTION NO. WHEREAS, the City desires to purchase a 3.108 acre tract of land for additional • right-of-way, a 0:367 acre water line easement, and a 0.187 acre water line easement for the Highway 79 expansion project, and WHEREAS, Palm Valley Lutheran Church of Round Rock is the owner of the property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Palm Valley Lutheran Church of Round Rock, for the purchase of the above described property for $900,000.00. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and'that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of April 2005. MOTION: Councilmember Rhode moved to approve the recommendation from staff. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:32 p.m. Re pectfully Submitted k Christine R. Martinez, City Secretary • 99 MAY 12, 2005 The Round Rock City Council met Regular Session on Thursday, May 12, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 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 Joe Clifford, Councilmember Scott Rhode and Councilmember Gary Coe. Councilmember Scot Knight was absent. Also-present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Steve Kays, Mayor's Council on Fitness Chairman, announced that Round Rock was named the "Most Active City in Texas" among those with populations of 20,001 to 100,000. Round Rock was awarded the Governor's Cup trophy for having the most citizens signing up for a six-week 10K training program, completing the program and participating in the Texas Roundup 10 on April 30. The 10K Run was an event sponsored by Governor Rick Perry's Advisory Council on Fitness, intended to encourage physical activity among Texans. • Mr. Kays also encouraged everyone to participate in the Second Step to Fitness at 9:00 a.m. on Saturday, May 14, 2005 at Old Settler's Park. The event will start with a 5K fun run, followed by a one-mile walk, a short bicycle ride and a bike rodeo. PROCLAMATIONS: 5.A. Consider a proclamation proclaiming May 15-21, 2005 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 citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of `public works systems and programs such as water, sewers, streets, and highways, public buildings, and solid waste collections; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction is 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, do hereby proclaim the week of May 15 - 21, 2005 as "National Public Works Week" in the City of Round Rock, and all upon all citizens and civic organizations to acquaint themselves with the issues involved in providing out public works, and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. PROCLAIMED this 12th day of May 2005. PRESENTATIONS: 100 MAY 12, 2005 6.A.1. Consider a presentation regarding the status of Public Transportation Planning for the City of Round Rock. Tom Word, Chief of Public Works Operations made the following presentation regarding potential plans for Public Transportation for the City. He added that no decisions have been made and the presentation was an update on the status of the plans. The purpose of this study is to develop plans for the potential implementation and evolution of a public transit system in Round Rock. • The goals and objectives of the study are as follows: • Identity existing and future public transit needs • Develop short, medium and long-range transit system concepts plans that - Address the transit needs - Are financially and operationally feasible • Develop a public transportation master plan that includes a near term implementation plan Development of the Transit Master Plan: • Milestone 1: Ridership Analysis - Conclusion: potential for current and future transit ridership exists based on CAMPO - Travel - Demand Model Analysis • Milestone 2: Alternative Service Plans and Vehicle Technologies - Two service plans carried forward for further analysis - Fixed route concept - Demand response (door-to-door) concept - Vehicle technology recommendation: Diesel Buses - Lower cost to purchase - Lower cost to maintain • Milestone 2: Fixed Route Service Plan - Transit Centers/Shuttle Concept . - Includes Express Route to/from Austin • Milestone 3: Institutional and Organizational Analysis - Recommendations - Create a transit department within the existing city governmental structure - Contract out transit operations • Milestone 4: Financial Plan - Initial results concluded only the Demand Response concept would be financially feasible - Revised Financial Plan developed to reflect: - Potential Near Term System Plan ■ Demand Response ■ Connector Route to Cap Metro Express Route to Austin ■ Downtown Shuttle Route - Alternate funding options ■ Federal grants options/opportunities Results of the Financial Plan • Near Term System Plan • A combination of local and federal sources would be able to cover O&M and Capital requirements for the over the 20 year cash flow analysis - Local funds for operating and capital costs - Initial $500K increased annually at 3% - Federal 5307 funds for operating and capital costs for city considered as either • - Considered part of the Austin urbanized area ($303K) increased annually at 3% - Considered a small urban area ($706) increased annually at 3% - FTA Job Access Reverse Commute Grant (JARC) for operating costs - $100K grant for first three years - Federal 5309 funds for capital costs (earmark funds) - $267 K to $86,71K depending on annual capital project request Description of System: • Near Term System Plan - Round Rock Shuttle - Connector Route (Cap Metro Park and Ride) - Demand response . � 101 MAY 12, 2005 Organizational Structure: • Municipal Mass Transit System within City structure - Could be created through a municipal ordinance - Much of th supporting administrative structure is already in place - Policymaking processes are already in place - City would own the transit and be able to control it evolution and development • Contract initial operations to a private provider - Allows city staff to avoid the steep learning curve associated with developing transit services from scratch - Implementation maybe faster = Public transportation is the chief business of experienced contractors They are experienced in system start ups - If the city decides to terminate the transit service, it is easier and less expensive for a contractor to do the dismantling Estimated annual costs and local funding: • Estimated annual costs - Operations - $930.8K - Initial capital program - $4.9M — Vehicles - $612.OK — Maintenance facility - $2.OM — Transportation center - $2.2M — Shelters - $16.8K — Bus stop signs - $7.2K • Estimated local funding sources - $500K from city (general fund or 1/2 cent sales tax) - $93.1K from fare revenue (assumed 10%) - $82.OK from advertising revenue (buses and shelters) Potential Annual Federal Funding: • $300K from FTA Section 5307 funds - First three years for capital projects - Subsequent years funds would be used to support operations • $100K from FTA Job Access Reverse Commute (]ARC) Grant First three years of operation only • $267K $867K from FTA Section 5309 funds - Assumes the City and Federal delegation are successful with obtaining annual earmarks to support the initial development of major transit facilities and vehicle replacements over time Potential Performance Measures: • Service delivery measures - Number of missed trips; complaint rate, on-time performance; customer response time • Financial measures - Ridership; productivity; cost-effectiveness • Safety and security measures - Accident rate; number of incidents of vandalism • Maintenance measures Number of road calls; average spare vehicle ratio vs. schedule spare ratio; fleet .cleaning Incremental Expansion-Operational Impacts: • Doubles length of Shuttle Route • Adds 30 hours of service per day • Requires 3 additional buses • Requires 2 additional shelters • Estimated Additional Costs and Revenue: • Estimated Cost impacts - Increased O&M - $351.OK - Increases Capital - $161.9K • Estimated Additional Revenue - Fares - $35.1K - Advertising - $9.5K • RRHEC Transit Contribution Conclusions: • There is existing demand.for transit • It is financially feasible for the city to implement a transit system • Near term plan would include Limited fixed route service to provide: Connection to the Cap Metro Express Route 102 MAY 12, 2005 - Circulator service among city's major activity centers Demand response service for areas outside of the fixed route corridors • Transit system would grow as demand warrants through the addition of fixed routes Next Step: • Evaluate the Round Rock Public Transportation Master Plan based on the Strategic Finance and Implementation Plan currently under development by the Goodman Corporation Mr. Word added that the service plans were not exact plans but rather concept plans. 6.B.1. Consider a presentation regarding proposed changes to cell tower • regulations. Shannon Burke, Senior Planner made the following staff presentation regarding the proposed amendments to the cell tower regulations. He outlined the following points: Why we are changing the current ordinance ■ Need more coverage ■ Need clarification of existing regulations ■ Need to add regulations Three Types of WTFs • Self-Standing WTFs • Attached WTFs • Stealth WTFs Self-Standing WTFs • Latticed Tower • Monopole (Exposed Antennae • Monopole (Self Enclosed) - Self-Standing WTFs are currently allowed in I (Industrial), LI (Light Industrial) and PF-3 (Public Facilities - High Intensity) districts. - Under new ordinance, Self-Standing WTFs will not be allowed anywhere in the City. • - Under new ordinance, Monopoles with exposed antennae will only be allowed in I and LI districts. Monopoles • Under new ordinance, Self-Enclosed Monopoles will be allowed in I, LI, PF-3, BP (Business Park), C-1 (General Commercial), OS (Open Space) and Single-Family Residential districts. • In BP, PF-3 and C-1 districts, Self-Enclosed Monopoles will be required to locate in service areas behind the buildings. • Self-Enclosed Monopoles in C-1, PF-3, BP and OS districts must be located on sites of 10 acres or more. • Self-Enclosed Monopoles in OS districts will require the approval of the Director of Parks and Recreation. • Self-Enclosed Monopoles in Single-Family Residential districts must be located on non- residential sites and must be approved as a Special Exception. • Self-Enclosed Monopoles in all districts must have a minimum separation of 500 feet from a residential structure or public right-of-way. • In I and LI districts, monopoles (with exposed antennae or self-enclosed) will have a maximum height of 150 feet. • In BP, PF-3, C-1, OS and Single-Family Residential districts, self-enclosed monopoles will have a maximum height of 80 feet. • These heights allow for three carriers to fit on one pole. • Co-location will be a requirement under the new ordinance. Summary of primary changes to Self-Standing WTFs • • Prohibit latticed towers - monopoles only. • Allow Self-Enclosed Monopoles in BP, PF-3, C-1, OS and Single-Family Residential districts with conditions. • Require co-location to limit the proliferation of new poles. • Set height limitations. Attached WTFs • Attached WTF on Building • Attached WTF on Monopole • Attached WTF on Other Structures - Currently allowed in all non-residential districts except PF-1 and PF-2 (Public Facilities - Low and Medium Intensity) - Under new ordinance, Attached WTFs will be allowed in all non-residential districts and in MF (Multi-Family) t At 103 MAY 12, 2005 In addition, Attached WTFs will be allowed in Residential districts if they are attached to a non-residential structure. Examples • Antenna attached to an Amenity Center • Antenna attached to a School • Antenna attached to high tension transmission facilities (excluding utility poles and light poles in residential neighborhoods) • Stealth WTFs • Steeple • Chimney — Currently allowed in all non-residential districts except C-2 (Local Commercial) and OF (Office) — Under new ordinance, Stealth WTFs will be allowed in all non-residential districts and in MF (Multi-Family) In addition, Stealth WTFs will be allowed in Residential districts if they are attached to or on the same lot as a non-residential structure. Examples • Light Pole in a church parking lot • Flag Pole in front of a school • Architectural Feature on an amenity center In conclusion, Mr. Burke noted that staff proposes to bring the amendments to the Council's June 23 meeting for consideration. PUBLIC HEARINGS: 7.A.1. Consider public testimony regarding an application filed by CPG Round Rock, • L.P. acting as agent for NNP-Teravista, L.P. to adopt original zoning of District PUD No. 60 (Planned Unit Development) for 87.193 acres of land. (Simon/Chelsea Outlet Maly Jim Stendebach, Planning Director made the staff presentation. This tract is located outside the city limits and is currently undeveloped. The Round Rock Premium Outlets PUD is designed to accommodate the unique needs of the proposed mall. The PUD divides the property into three parcels. One parcel will be for the mall, one parcel will be for restaurants, and one parcel will be for a cinema. The mall itself will be developed in two phases, with roughly two-thirds of it being built in the first phase. Both phases are covered in the PUD. The following is a summary of those features of the PUD that differ from the standard C-1 (General Commercial) regulations. Permitted and Prohibited Uses The PUD contains a list of uses tailored for each parcel. Commercial uses are significantly limited (no gasoline sales, automobile sales, mini-warehouses, etc.). • Design Standards The mall parcel will have design standards for the mall with minimum percentages of "wall enhancements" (stonework, windows, trellises, etc.) to ensure an attractive finish to the building. Buildings on the other two parcels will be required by the PUD to incorporate similar and compatible architectural styles as the mall. Streetsca pes 104 MAY 12, 2005 Teravista Parkway and Oakmont Drive will have landscaping in the medians and on the sides. Driveway Access Driveway locations will be prescribed in the PUD to ensure that they are appropriately aligned to account for surrounding developments and upcoming road improvements. Driveway Throat Length • The PUD requires long throat lengths to ensure that traffic turning into the mall does not get backed up onto the surrounding roads due to bottlenecks in the parking lot. Landscaping The PUD includes a very specific landscape plan that offers the following landscape amenities: ■ Enhanced entry features. ■ Enhanced landscaping along the perimeter of property, including berms, particularly along the IH-35 frontage road. ■ Additional islands and medians in and along drives and in the parking areas. ■ Grouping of plant materials. ■ Site amenities, such as public plazas, ponds and fountains. ■ Pedestrian promenades with trellises. ■ Pedestrian gateways entering the mall area. Water Features One of the primary landscaping amenities in the PUD is the detention pond, which is being designed to be a multi-tiered pond with waterfall features. • Service and Loading Areas Extra screening requirements have been included in the PUD to ensure that service and loading areas are hidden from view. Signs Because the mall is a destination retail center, signage is a key component of the PUD. While there will be quite a few signs, both attached to the mall itself and on the site, the types of signs permitted by the PUD have been restricted so as not to detract from the overall aesthetic appeal of the project. Lighting Standards Lighting has been customized for this site to minimize the number of light posts and to provide for an attractive appearance. Underground Utilities • No overhead wiring will be permitted. Mark Silvestri, Senior Director-Development & Acquisitions of the Chelsea Property Group, Inc. gave a brief overview of the project. The Engineer of the project gave a video presentation of the structure and design of the project. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 105 MAY 12, 2005 7.A.2. Consider public.testimony regarding an application filed by Simon Property Group (Texas), L.P. acting as agent for NNP-Teravista. L.P. to adopt original zoning of District PUD No. 61 (Planned Unit Development) for 54.492 acres of land. (Simon North tract Jim Stendebach, Planning:Director made the staff presentation. The property is outside the city limits and is currently undeveloped. The Simon North PUD is designed to • accommodate and to ensure destination retail complementary to the proposed outlet mall to the south of the property. The Simon North PUD is divided into two parcels, one for the retail development and one for stormwater detention. Those issues that differ from standard C-1 (General Commercial) regulations for the retail parcel are as follows: Permitted and Prohibited Uses As with the Premium Outlets PUD, commercial uses are significantly limited (no gasoline sales, automobile sales, etc.). Streetscapes Oakmont Drive and the north side of Teravista Parkway will be landscaped to match the requirements set forth in the Premium Outlets PUD. Driveway Throat Length The PUD requires long throat lengths to ensure that traffic turning into the shopping center is not backed up onto the surrounding roads due to bottlenecks in the parking lot. • Prohibited Building Materials Certain building materials, such as corrugated metal and unfinished sheet metal, are prohibited. Underground Utilities No overhead wiring will be permitted. Signs The property will be allowed one sign of extra height equal to that of the primary sign for the Premium Outlets. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *9.A. Consider approval of the City.Council minutes for April 28, 2005. • *11.A.1. Consider a resolution authorizing the Mayor to waive the 2004 Payment in Lieu of Taxes (PILOT) for the Round Rock Housing Authority. *11.A.2. Consider-a resolution authorizing the Mayor to execute a Community Development Block Grant subrecipient agreement with the Round Rock Volunteer Center for the 2004-2005 Coats for Kids program. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Coe seconded the motion. 106 MAY 12, 2005 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. APPROVAL OF MINUTES: • *9.A. Consider approval of the City Council minutes for April 28, 2005. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance amending Chapter 1, Section 1.1902 of the Code of Ordinances (1995 Edition) amending library fees. (First Reading) Dale Ricklefs, Library Director made the staff presentation. Fees are being adjusted due to the following reasons: • Video and DVD fees are being reduced to the same rate as the adult-level book collection. Over the years the library has obtained a large enough audio-video (AV) collection to treat the AV fine rate the same as the book collection. The rate was higher to encourage on-time returns of the AV material. • Standard fines and fees for book and AV materials, regardless of collection type (children, adult) are being instituted. • • Fines and fees are being increased to cover increased costs in administering later materials notification and to encourage earlier returns. • Provide replacement fees for certain print and AV materials that are no longer in print and are not reflected in annual price lists. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1902, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE LIBRARY FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance denying Atmos Energy Corporation's request for an annual gas reliability infrastructure program rate increase (First Reading) David Kautz, Assistant City Manager made the staff presentation. In January, the Council suspended a gas company rate increase request until May 15th to allow time to review the reasons for the increase. The City also joined an alliance of cities and hired experts to review the rate 107 MAY 12, 2005 requests. Findings of the experts indicate that the rate increase is not adequately supported and should be denied. Proper rate case procedures and methodology, which is the intent of this action will benefit all residential and commercial gas customers in our city. The cost has not determinable at this time. The costs for rate case expenses will be reimbursed by Atmos Energy. • ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, DENYING ATMOS ENERGY CORPORATION'S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENT IN THIS MUNICIPALITY; PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe. Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. • MOTION: Mayor Pro-tem 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: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 10.C.1. Consider an ordinance annexing 18.07 acres out of the Ephraim Evans Survey. (Scott and White tract) (300 Chandler Road) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 18-acre tract is currently undeveloped outside the city limits. Scott &White currently owns • approximately 99 acres of land at the northeast corner of IH-35 and Chandler Road. The property is currently zoned PUD No. 37, which was adopted in 1999 to accommodate a proposed hospital and other medical-related uses. Since the adoption of that PUD, Scott & White has adjusted their plans and is no longer committed to the development envisioned in PUD No. 37. One of the primary changes in the development plan for Scott & White is the location. At this time, Scott &White intends to sell the western half of the PUD property (roughly 50 acres) to a developer (Chandler/I-35 Retail, Ltd.) for a retail shopping center. Scott & White will then use the remaining eastern half of the property (roughly 49 acres) for 108 MAY 12, 2005 their hospital. In order to accommodate the type of medical complex they intend to build, Scott & White will acquire an additional 18 acres from Newland Communities (the developer of Teravista) to join with the 49 acres they already own. Scott & White is requesting annexation of this 18-acre tract so that, it can be served by the City and have the same zoning as the 49 acres Scott & White already owns. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 18.07 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, 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 Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight • ACTION: The motion carried unanimously. The second reading of the ordinance will be brought back to the Council later. RESOLUTIONS: *11.A.1. Consider a resolution authorizing the Mayor to waive the 2004 Payment in Lieu of Taxes (PILOT) for the Round Rock Housing Authority_ This item was approved under the consent agenda. 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, the amount of the PILOT due is $4,707.48; 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 in the amount of $4,707.48 is waived for this fiscal year. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2005. A 109 MAY 12, 2005 *11.A.2. Consider a resolution authorizing -the Mayor to execute a Community, Development Block Grant subrecipient agreement with the Round Rock Volunteer Center for the 2004-2005 Coats for Kids program. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of • 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage The Round Rock Volunteer Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement (Year 2004) with The Round Rock Volunteer Center for the Coats for Kids Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with The Round Rock Volunteer Center for the Coats for Kids Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by .the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of May, 2005. 11.B.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Rodriguez Transportation Group, Inc. for the A.W. Grimes Boulevard Proiect. Tom Martin, Director of Transportation Services made the staff • presentation. This contract will provide for engineering services for Phase I that includes development of sidewalk design and construction documents, develop as-builts of completed facility; engineering services for Phase II that includes develop a pedestrian tunnel design and construction documents, develop turn lane and median cut to Cirkiel property, develop drainage alternatives.across;Cirkiel property, additional railroad coordination, and additional structural coordination and design with Aguirre Fields, finalization of construction documents, assistance with project letting and construction support and field change documentation. Rodriguez Transportation Group, Inc., has been the design engineer for the A.W. Grimes Boulevard project since its inception. Their continued efforts to completion of the project will provide consistent project knowledge and coordination with already familiar entities. The cost of services will be $323,344.90. RESOLUTION NO. • WHEREAS, the City of Round Rock desires to retain engineering services for the A.W. Grimes Boulevard Project, and WHEREAS, Rodriguez 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 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 a Contract for Engineering Services with Rodriguez Transportation Group, Inc. for the A.W. Grimes Boulevard 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 110 MAY 12, 2005 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of May, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 11.B.2. Consider a resolution authorizing the Mayor to execute a contract with Greenlander, LLC for vegetation control services. Tom Martin, Transportation Services Director made the staff presentation. The previous contract for this service has expired. This contract, as the previous one, is an annual maintenance contract with the option to renew every year for up to four years. This service has lowered the need for mowing by the application of a growth inhibitor which provides a more aesthetically pleasant median and rights-of-way. Two bids were received and opened on December 7, 2004 in the City Council Chamber. Based on review of the bids by the staff during the best value bid process, staff recommended that the bid be awarded to Greenlander, LLC., in the amount of $58,846.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for vegetation control services, and WHEREAS, Greenlander, LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Greenlander, LLC, Now Therefore BE IT RESOLVED BY 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 Vegetation Control Services with Greenlander, LLC, 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 12th day of May, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 11.C.1. Consider a resolution authorizing the Mayor to execute a contract with F.T. Woods Construction Services. Inc. for the construction of the East Water Transmission Line Phase 3A-2. Tom Clark, Director of Utilities made the staff presentation. This line is part of 11 .1 MAY 12, 2005 the Water System Master Plan, which is required to meet water demands in the southeast portion of the City. Currently the City is constructing the East Water Transmission Line, Phase 3A-1 as part of the construction of the Redbud Lane (CR 122) roadway project. This project (phase 3A-2) will connect to phase 3A-1 line completing this two-phase water line project with a new water line from Forest Creek Drive to the North side of S.H. 79 at CR 122. On April 19, 2005 five bids were received and opened for the East Water Transmission Line, Phase 3A-2. The low bid was-submitted by F.T. Woods Construction Services, Inc. Based on the review of the bids by staff and HDR Engineering, Inc. staff recommended award of the project to F.T. Woods Construction Services, Inc. for $723,388.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the East Water Transmission Line, Phase 3A-2, and WHEREAS, F.T. Woods Construction Services, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of F.T. Woods Construction 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 a contract with F.T. Woods Construction Services, Inc. for the construction of the East Water Transmission Line, Phase 3A-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 12th day of May, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 11.C.2. Consider a resolution authorizing the Mavor to execute a contract with Electrique Corporation for the Water Treatment Plant High Service Pump Generator Project. Tom Clark, Director of Utilities made the staff presentation. In order to provide adequate back up power and control functions to operate 3 of the WTP's High Service Pumps and to provide 24 mgd of Treatment Capacity during an emergency loss of electrical power, a backup generator is necessary. The backup generator will allow staff to pump approximately 24 MGD during emergency situations and operate the chlorine facility, WTP Phases 3 & 4 process equipment, and the Mechanical Control Center (MCC). On April 12, 2005 three bids were received and opened for the Water Treatment Plant (WTP) High Service Pump Generator Project. The low bid was received from Electrique Corporation. 112 MAY 120 2005 Based on the review of the bids by staff and CDM Engineering, Inc. staff recommended award of the project to Electrique Corporation for $777,050.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Water Treatment Plant High Service Pump Generator Project, and WHEREAS, Electrique Corporation has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Electrique Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Electrique Corporation for the Water Treatment Plant High Service Pump Generator 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 May, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 11.D.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Kasberg, Patrick &Associates for the Bowman Road Drainage Improvements Project. Danny Halden, City Engineer made the staff presentation. This project will provide more efficient drainage, improve the appearance and appeal of the area, and eliminate maintenance concerns to the City. This area was identified for drainage improvements and was recommended by the Bond Task Force to be included in the Bond election approved by the citizens of Round Rock in November 2001. This contract is to provide surveying and preliminary engineering for drainage improvements in the Bowman Road drainage basin. The basin includes the Greenhill Subdivision Sections 1 and 3 and in the Chapel Hill North Subdivision Sections 1, 2 and 3. The objective of the preliminary engineering phase is to identify options for resolving existing street ponding in conjunction with options to resolve current drainage issues with the contributing channels that convey • stormwater to the drainage channel along Bowman Road. This phase will also develop options for resolving any drainage and detention issues for the drainage channel along Bowman Road that currently exist or will be created by the improved conveyance of the contributing channels. The preliminary engineering phase will also look at the culvert that passes drainage flow under Bowman Road just south of Easton Drive and will identify any need for culvert improvements and/or channel improvements downstream and any additional easements that may be required. The consultant will also identify any utility k: 113 MAY 12, 2005 reconstruction or relocation that may be required for each option. The deliverables for this phase of the project will include survey data of the area, a Preliminary Engineering Report that includes options for improving the drainage, an opinion of probable costs for each option, and illustrations of all improvement options for the Bowman Road Drainage Improvements Project. The cost of the services will be $57,175.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Bowman Road Drainage Improvements Project, and WHEREAS, Kasberg, Patrick & Associates has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Kasberg, Patrick & 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 Kasberg, Patrick & Associates for the Bowman Road Drainage 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 May, 2005.. MOTION: Councilmember Nielson moved to approve_the.resolution. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: The motion carried unanimously. 11.D.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Baker-Aicklen &Associates, Inc. for the Red Bud Lane Sidewalk Improvements Proiect, Phase I. Danny Halden, City Engineer made the staff presentation. Safety of foot traffic on Red Bud Lane (CR122) on this high vehicular volume arterial was the concern of the Bond Overview Committee in their reasoning to recommend Sidewalk Improvements Phase 1 project for the November 2001 bond program. This project was presented to the Bond Overview Committee by the Home Owners Associations and a • number of residences in the Forest Creek Subdivision, Lake Creek Subdivision, and other neighborhoods with roadways connecting.to Red Bud Lane. Pedestrian foot traffic safety is the rationale of the overall project. Phasing of.the preliminary engineering services contract was developed in order to make sound judgment on the final design scope of this sidewalk and related infrastructure, for the effective usage of funds. The majority of effort in the preliminary phase is development of grades (profile) on the ultimate roadway section. This profile will be used in the establishment of the final design scope for the sidewalk improvements. The cost of the services is $69,567.12. 114 MAY 12, 2005 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Red Bud Lane Sidewalk Improvements Project, Phase I, and 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, 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 Baker-Aicklen & Associates, Inc. for the Red Bud • Lane Sidewalk Improvements 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 12th day of May, 2005. MOTION: Councilmember Nielson moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight ACTION: , The motion carried unanimously. 11.D.3. Consider a resolution authorizing the Mayor to execute a contract with H. • Deck Construction Company for the Round Rock West Street Improvements Project. Danny Halden, City Engineer made the staff presentation. The project will repair and/or resurface streets in the Round Rock West Subdivision generally bounded by: McNeil Road to the south, Round Rock West Drive to the east, Deepwood Drive to the west and Westwood Drive, Glenda Drive and Dragon Drive to the north. The project will also remedy drainage issues at a number of intersections in the same area and construct sidewalks along one side of St. Williams Ave., Parkview Drive and Lake Creek Drive. The project will also remedy drainage issues at 18 intersections in the same area and construct approximately 5,125 linear feet of sidewalks.along one side of St. Williams Ave., Parkview Drive and Lake Creek Drive. This will complete a portion of the Overall Citywide Sidewalk Plan. On April 26, 2005, two bids were received for the Round Rock West Street Improvements project and the low bid of $1,833,750.17 (Base Bid and Add Alternate Bids No. 1 and 2) was from H. • Deck Construction Company. Based upon the review of the bids, staff recommended awarding the bid to H. Deck Construction Company in the amount of $1,833,750.17. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins, and WHEREAS, H. Deck Construction has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of H. Deck Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, MAY 12, 2005 115 That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with H. Deck Construction for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2005. • MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford 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 8:57 p.m. Respectfully Submitted, ouu�ft�lf. • Christine R. Martinez, CitySecretary 116 MAY 17, 2005 The Round Rock City Council met in a Special Called Session on Tuesday, May 17, 2005 in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, and Councilmember Gary Coe. Councilmember Scot Knight and Councilmember Scott Rhode were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. • CANVASS MAY 7, 2005 CITY COUNCIL ELECTION Mayor Maxwell asked Councilmember Coe and Councilmember Clifford to recess to the Executive Chamber to conduct the canvass of the May 7, 2005 Election. Councilmember Clifford gave the following report on the results of the May 7, 2005 Election: Mayor Nyle Maxwell received 2,792-votes Sueann Campbell received 463 votes Patrick Bose received 325 votes Councilmember Place 1 Rufus Honeycutt received 1,497 votes Ted Williamson received 1,113 votes Sharon Izzo received 784 votes • Councilmember Place 4 Carlos T. Salinas received 2,549 votes (Mr. Salinas ran unopposed) Total votes cast: 3,708 Nyle Maxwell was elected for the position of Mayor for a term of three years and Carlos Salinas was elected to the position of Councilmember, Place 4 for a term of three years. A runoff election will be held for the position of Place 1. Those candidates will be Rufus Honeycutt and Ted Williamson. RESOLUTIONS: 4.A. Consider a resolution declaring that the May 7, 2005 City Election results are official. RESOLUTION NO. WHEREAS, the City Council of the City of Round Rock ordered an election to be held • May 7, 2005 for the purpose of electing candidates for Mayor, Councilmember Place 1, and Councilmember Place 4; 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 117 MAY 17, 2005 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 Resolution calling the election. 2. That the City Council officially finds and determines that the following votes were cast at the election for Mayor, Councilmember Place 1 and Councilmember Place 4 by the resident, qualified electors of the City, who voted at the election: A. Mayor: Nyle Maxwell Votes Patrick Bose Votes Sueann Campbell Votes B. Councilmember Place 1: • Rufus Honeycutt Votes Ted Williamson Votes Sharon Isso Votes C. Councilmember Place 4: Carlos Salinas Votes 3. That the City Council officially finds, determines and declares the result of the election to be that Nyle Maxwell was elected as Mayor, that Carlos Salinas was elected as Councilmember.Place 4, and-that Rufus Honeycutt and Ted Williamson will be the candidates in a Runoff Election for Councilmember Place 1. The City Council hereby finds and.declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was .posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter.hereof were discussed, considered and formally, acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 17th day of May, 2005. MOTION: Councilmember Coe moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Coe Mayor Maxwell • Nays: None Absent: Councilmember Knight Councilmember Rhode ACTION: The motion carried unanimously. Mayor Maxwell provided the City Secretary the Certification Pf Runoff Candidates. The certificate stated that the names of Rufus Honeycutt and Ted Williamson be.placed on the ballot for a Runoff Election for the position of City Council, Place 1. 4.B. Consider a resolution calling the June 11, 2005 Runoff Election to elect City Council, Place 1. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING .A SPECIAL RUNOFF ELECTION FOR JUNE 11, 2005 FOR THE PURPOSE OF ELECTING COUNCILMEMBER PLACE ONE; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING AND ELECTION DAY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE. DUTIES; MAKING PROVISIONS FOR THE CONDUCT OF SUCH RUNOFF ELECTION; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. STATE OF TEXAS § I - COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON §. CITY OF ROUND ROCK § WHEREAS, pursuant to the provisions of the Texas Election Code (as amended), other related statutes, and its Home Rule Charter Section 5.06, the City Council of the City of Round Rock, Texas, is authorized to call a special runoff election for the election of Councilmember One; and WHEREAS, the City Council deems it advisable to call such runoff election, and the City Council wishes to order such runoff election on Saturday, June 11, 2005 for the purpose of election of Councilmember Place One; and WHEREAS, the City Council has determined that Saturday, June 11, 2005 is the appropriate date for holding such runoff election, and that such date allows sufficient time to comply with requirements of law; and WHEREAS, the City Council wishes to encourage all registered voters in the city to vote in this runoff election; and WHEREAS, it has been determined that Caldwell Heights Elementary School, Stony 118 M" 17, 2005 Point High School, Forest Creek.Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School would be easily accessible to voters in the City of Round Rock on election day; and WHEREAS, it has been further determined that early voting places will be at Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center; and WHEREAS, it is hereby officially found and determined that the written public notice of the date, hour, place, purpose and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 of the • Texas Government Code (as amended); Now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. ELECTION DATE, PRECINCTS AND POLLING PLACES, AND ELECTION JUDGES. Election Date. A runoff election for the election of Councilmember Place One shall be held in the City of Round Rock as prescribed by applicable law between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, June 11, 2005; in accordance with the attached Order of Election. Precincts and Polling Places. The City hereby designates the election precincts and polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such Election Day voting. Further, the City hereby designates the early voting polling places and the temporary polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for early voting in such election. The City election precincts and polling.places within the City designated for holding the election are identified in the attached Order of Election, and such attachment it is incorporated herein by reference for all purposes. The City hereby designates the following as the official Election Day polling places: Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School. The City hereby designates the following as the official early voting polling places for the June 11, 2005 election: Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center. • Election Judges. The Williamson County Elections Administrator is conducting such runoff election for the City pursuant to the terms of an Election Services Contract. The City Council hereby appoints, for the term of such election, the presiding election judge(s) and alternate election judge(s) as being those designated by the Williamson County Elections Administrator. Section 2. ELECTION CLERKS. The presiding election judge is hereby authorized to appoint the number of election clerks necessary to assist in the proper conduct of the election, and such election clerks shall be qualified voters of the City of Round Rock, Texas. If the election is conducted by the regularly-appointed presiding election judge, then the alternate presiding election judge shall be appointed to serve as one of the clerks. The appointment of such clerks shall include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. Section 3. EARLY VOTING. Early Voting Clerk. The City Council hereby appoints the Williamson County Elections Administrator as the Early Voting Clerk. The Early Voting Clerk's mailing address to which ballot applications and ballots to be voted by mail may be sent is as follows: John Willingham, Williamson County Elections Administrator Post Office Box 209 Georgetown, TX -78626 Applications for ballots by mail must be received no later than 5 p.m. June 3, 2005. Dates for Early Voting. Early voting shall commence on Wednesday, May 25, 2005 (17th day before the election) and continue through Tuesday, June 7, 2005 (4th day before the election), as provided by the Texas Election Code and as shown on the attached "Precincts and Polling Places and Times for Election Day Voting and Early Voting." • Places for Early Voting_ Early voting shall be conducted by personal appearance and by mail at the following early voting polling places: Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center. Times for Early Voting. During the period in which early voting is required or permitted by law, that being May 25, 2005 through June 7, 2005, the hours designated for early voting by personal appearance shall be as follows, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court: .May 25 - May 27, 2005 (Weekdays) 8:00 am - 5:00 pm No Early Voting on May 30 Memorial Day (State Holiday) May 31 - June 3, 2005 (Weekdays) 8:00 am - 5:00 pm June 4, 2005 (Saturday) 10:00 am - 6:00 pm June 6 - June 7, 2005 (Weekdays) 7:00 am - 7:00 pm 119 MAY 17, 2005 Section 4. EARLY VOTING BALLOT BOARD. An Early Voting Ballot Board is hereby created to process early voting results, and the City hereby appoints the presiding judge of the Early Voting Ballot Board as appointed by John Willingham, Williamson County Elections Administrator. Such presiding judge shall appoint not less than two (2) other qualified members to serve on such Board. Section 5. CUSTODIAN OF ELECTION RECORDS. Pursuant to the Election Code and the applicable Election Services Contract, John Willingham shall be appointed as Custodian of Election Records. Section 6. VOTERS. All resident, qualified voters of the City of Round Rock, Texas shall be entitled to vote • at the election. Section 7. NOTICE. Posting. Notice of this runoff election, including a Spanish translation hereof, shall be given by posting the appropriate documentation on the bulletin board used for posting notices of City Council meetings, and same shall be posted not later than the fifteenth (15th) day before the date of the election and shall remain posted through election day. Publication. Notice of this runoff election, including a Spanish translation hereof, shall be published once in a newspaper of general circulation in the City, the publication to appear not less than fifteen (15) days prior to the date of the election. Authorization to City Secretary. The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required. by law. Section 8. VOTING DEVICES. Electronic voting systems and corresponding voting devices and equipment may be used in conducting the election. The Williamson County Elections Administrator may also utilize a central counting station as provided by Texas Election Code § 127.000 et seq., as amended. Section 9. CONDUCT ACCORDING TO STATUTES. In all substantive respects, the election shall be conducted in accordance with applicable provisions of the Texas Election Code, any other applicable statutes, and the City of Round Rock's Home Rule Charter. Section 10. ELECTION RESULTS. The Williamson County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on June 11, 2005. The official canvass, tabulation and declaration of the results of the special runoff election shall be conducted by the City • Council at a regular or special council meeting held in accordance with provisions of the Texas Election Code. Section 11. MISCELLANEOUS. The provisions of this Resolution are severable; and in case any one or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, then the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those.as to which it is held invalid shall not be affected thereby. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all in accordance with and as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED on this the 17th day of May 2005. MOTION: Mayor Pro-tem_McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford ,a+ Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Knight Councilmember Rhode ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:44 a.m. Respectfully Submitted, Christine R. Martinez, City Secretary 120 MAY 26, 2005 The Round Rock City Council met Regular Session on Thursday, May 26, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the 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 Joe Clifford, Councilmember Scot Knight, Councilmember Scott Rhode, and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Mayor Maxwell presented a plaque of appreciation to Scot Knight for the service he gave to the City as Councilmember. Councilmember Knight thanked the Council and everyone who allowed him to serve as one of the City's Councilmembers. SWEAR IN NEWLY ELECTED OFFICIALS: 4.A. Mayor 4.13. Councilmember, Place 4 Mayor Nyle Maxwell and Councilmember-elect Carlos T. Salinas were sworn into office by Governor Rick Perry. • Mayor Maxwell called for recess at 7:25 p.m. to allow everyone to congratulate the newly sworn in elected officials. The meeting reconvened at 7:49 p.m. CITIZENS COMMUNICATIONS: None CONSIDERATION OF ITEMS RELATED TO THE DEVELOPMENT ON THE NORTHEAST CORNER OF IH-35 AND CHANDLER ROAD. (O ) 09.6.1. Consider a presentation regarding the development on the northeast corner of IH-35 and Chandler Road (Simon) Jim Nuse, City Manager made the following presentation regarding the development at the northeast corner of IH-35 and Chandler Road. In August of 2003 the Council established five strategic goals for the City of Round Rock. The Simon/Chelsea project meets each of those priorities. Those priorities are: 1. Economic Development This project will bring 1,000 permanent full, part-time, and 1,500 construction jobs • Four to six million people a year will visit this project and significant tax dollars will be brought into the community. 2. Transportation There will be joint construction of $17.8 million of roadwork on the Interstate and arterial road system to be accomplished before its open not after it is open. 3. Northeast Corridor Planning This project will be the gateway to our most important corridors. 4. Image and Edges World recognized products will be sold in this mall. The mall will have striking design elements with waterfalls, public spaces and a high level of design detail. 121_ MAY 26, 2005 5. Major Retail Strategy The Simon/Chelsea is a destination retailer importing revenue from outside the region, which will help diversify the economy. Mr. Nuse concluded his presentation by giving an brief outline of.the items the Council would be addressing regarding this development. Jim Stendebach, Planning Director outlined the proposed development. • Tom Martin, Director of Transportation outlined the transportation improvements for this area. David Kautz, Assistant City Manager gave an overview of the economic benefits this project will bring to the City. 012.C.1. Consider a resolution authorizing the Mayor to execute a First Amendment to the Development Agreement with NNP-Teravista, L.P. and ANC-Round Rock Assets II, L.P. Steve Sheets, City Attorney outlined the amendments to the Development Agreement. The original development agreements between the City and NNP-Teravista, LP requires modifications to permit the proposed shopping center and related uses on the 141.685-acre site being sold to Simon. This agreement will modify the existing development agreement to reflect changes required due to the sale of 141.685 acres to SPG Development Company Limited Partnership (Simon). RESOLUTION N0. WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement ("Agreement") with NNP-Teravista, L.P. ("Developer") regarding the Teravista Project ("Project"), and WHEREAS, a portion of the Project has been acquired by ANC-Round Rock Assets II, L.P. ('IANC"), and WHEREAS, Developer and ANC have entered into a contract with SPG Development Company Limited Partnership ("Simon") for the sale of a portion of the Project known as the Round Rock Premium Outlets Project, and WHEREAS, the City, Developer, and ANC now desire to amend the Agreement to exclude the Round Rock Premium Outlets Project from the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to Development Agreement with NNP-Teravista, L.P. and ANC-Round Rock Assets II, 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 26th day of May, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 122 MAY 26, 2005 O 11.D.2. Consider an ordinance annexing 141.68 acres of land out of the Ephraim Evans Survey and adopting original zoning of District PUD No 60 (Planned Unit Development) on 87.19 acres of land and District PUD No 61 (Planned Unit Development) on 54.49 acres of land. (Simon tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The property is outside the city limits and is currently undeveloped. This ordinance annexes all of the Simon property, and zones the southern portion as Planned Unit Development (PUD) No. 60 and the northern portion as PUD No. 61. PUD No. 60 is the Round Rock Premium Outlets PUD. The PUD divides the property into three parcels. One parcel will be for the mail, one parcel will be for restaurants, and one parcel will be for a cinema. The mall itself will be developed in two phases, with roughly two-thirds of it being built in the first phase. Both phases are covered in the PUD. The following is a summary of those features of the PUD that differ from the standard C-1 (General Commercial) regulations. Permitted and Prohibited Uses: The PUD contains a list of uses tailored for each parcel. Commercial uses are significantly limited (no gasoline sales, automobile sales, mini- warehouses, etc.). Design Standards: The mall parcel will have design standards for the mall with minimum percentages of"wall enhancements" (stonework, windows, trellises, etc.) to ensure an attractive finish to the building. Buildings on the other two parcels will be required by the PUD to incorporate similar and compatible architectural styles as the mall. Streetscapes: Teravista Parkway and Oakmont Drive will have landscaping in the medians and on the sides. Driveway Access: Driveway locations will be prescribed in the PUD to ensure that they are appropriately aligned to account for surrounding developments and upcoming road improvements. Driveway Throat Length: The PUD requires long throat lengths to ensure that traffic turning into the mall does not get backed up onto the surrounding roads due to bottlenecks in the parking lot. Landscaping: The PUD. includes a very specific landscape plan that offers the following landscape amenities: ■ Enhanced entry features. ■ Enhanced landscaping along the perimeter of property, including berms, particularly. along the IH-35 frontage road. ■ Additional islands and medians in and along drives and in the parking areas. ■ Grouping of plant materials. ■ Site amenities, such as public plazas, ponds and fountains. ■ Pedestrian promenades with trellises. ■ Pedestrian gateways entering the mall area. Water Features: One of the primary landscaping amenities in the PUD is the detention pond, which is being designed to be a multi-tiered pond with waterfall features. Service and Loading Areas: Extra screening requirements have been included in the PUD to • ensure that service and loading .areas are hidden from view. Signs: Because the mall is a destination retail center, signage is a key component of the PUD. While there will be quite a few signs, both attached to the mall itself and on the site, the types of signs permitted by the PUD have been restricted so as not to detract from the overall aesthetic appeal of the project. Lighting Standards: Lighting has been customized for this site to minimize the number of light posts and to provide for an attractive appearance. Underground Utilities: No overhead wiring will be permitted. 12. 3 MAY 26, 2005 PUD No. 60 is the Simon North PUD. The PUD is divided into two parcels, one. for retail development and one for stormwater detention. Those issues that differ from standard C-1 (General Commercial) regulations for the retail parcel are as follows: Permitted and Prohibited Uses: As with the-Premium Outlets PUD, commercial uses are significantly limited (no gasoline sales, automobile sales, etc.). Streetscapes: Oakmont Drive and the north side of Teravista Parkway will be landscaped to match the requirements set forth in the Premium Outlets PUD. • Driveway Throat Length: The PUD requires long throat lengths to ensure that traffic turning into the shopping center does not get backed up onto the surrounding roads due to bottlenecks in the parking lot. Prohibited Building Materials: Certain building materials, such as corrugated metal and unfinished sheet metal, are prohibited. Underground Utilities: No overhead wiring will be permitted. Signs: The property will be allowed one sign of extra height equal to that of the primary sign for the Premium Outlets. ORDINANCE NO. AN ORDINANCE ANNEXING AND ZONING ADJACENT AND CONTIGUOUS TERRITORY OF APPROXIMATELY 141.681 ACRES TO THE CITY OF ROUND ROCK, TEXAS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember.Nielson moved to adopt the ordinance. Councilmember • Rhode seconded the motion. VOTE. Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayos Maxwell • Nays: None ACTION: The motion carried unanimously. o12.E.1. Consider a resolution'approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan. Tom Martin, Transportation,Services Director 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 12 4 MAY 26, 2005 plan is provided through the 1/2 cent sales tax established for the purpose of transportation improvements. The TCIP is being amended for the following: 1. To provide funding for construction of Oakmont Drive (Arterial "S") in the amount of $2,200,000. The project limits are from Teravista to Chandler Road. 2. To provide funding for construction of Teravista in the amount of $1,250,000. The project limits are from IH-35 to Oakmont Drive. 3. To supplement funding to existing projects. (To increase the budget for the IH 35 Area • Improvements Project from $6,418,431 to $8,269,090. The additional $1,850,659 is for an increase in the construction estimate.) RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC") has previously adopted a Transportation Capital Improvement Plan ("Plan"), and WHEREAS, the RRTSDC wishes to amend said Plan, and WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be approved by the City Council, and WHEREAS, the City Council wishes to approve said amendments to the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the amendment to the Transportation Capital Improvement Plan approved by the Round Rock Transportation System Development Corporation, which is attached hereto as Exhibit "A", is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of May, 2005. • MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 012.D.1. Consider a resolution establishing an Economic Development Program pursuant to Section 380 of the Local Government Code. (Simon Project) Steve Sheets, City Attorney made the staff presentation. This Project is a Destination Retailer, meaning it attracts commerce from outside of the City. It will generate substantial sales and property taxes, create jobs and diversify our sales tax base. This agreement details responsibilities of the parties and the funding of the internal roads. At the City's option, the internal road • improvements will be funded from the 1% general sales tax generated by the Project over a period not to exceed 8 years or from the 4B Corporation. The Project must meet certain performance standards to receive funding for the roads. The terms of the §380.001 Program are outlined below: 1. The City agrees to make program payments to Simon calculated on the basis of sales and use tax revenues actually received by the CITY from taxable sales generated by the Premium Outlet Mall as follows: 125 MAY 26, 2005 a. The City will retain all of the sales and use tax revenues derived from the one-half cent of the tax devoted to the reduction of ad valorem property tax; b. The City will retain all of the sales and use tax revenues derived from annual gross taxable sales up to $275 per square foot of gross leasable area; C. The City will make program payments to Simon equal to the sales and use tax revenues derived from annual gross taxable sales in excess of $275 per square foot of gross leasable area; d. The total amount of program payments to Simon, will not exceed the • sum of $3,266,604 on a Net-Present Value Basis (discounted at 6%.) 2. The term of the Program shall not exceed eight years. RESOLUTION NO. WHEREAS, Simon Property Group, L.P. ("Simon") is one of the largest retail shopping center development companies in the world, and WHEREAS, Simon has expressed to the City of Round Rock ("City") its desire to locate a Premium Outlet Mall in the City which will attract shoppers from outside of the area and provide hundreds of new jobs, and WHEREAS, §380.001 Local Government Code provides that a municipality may establish a program ("Program") to promote local economic development and to stimulate business and commercial activity in the municipality, and WHEREAS, the City Council has determined that the Program described in Exhibit "A" will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to offer to Simon a §380.001 Program in exchange for Simon locating a Premium Outlet Mall in the City of Round Rock, and BE IT FURTHER RESOLVED That the offer of the Program shall be as generally outlined in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of May, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution for discussion purposes only. Councilmember Clifford seconded the motion. Mayor Pro-tem McGraw asked for clarification for one of the terms (b) and staff complied. MOTION: Mayor Pro-tem McGraw moved to amend Exhibit A-Subparagraph b as follows: The total amount of program payments to Simon will not exceed "the cost of the construction of needed extensions to Oakmont Drive and Teravista Boulevard currently estimated to be"$3,266,604 on a Net Present Value Basis, discounted at 6%. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to approve the resolution as amended. Councilmember Clifford seconded the motion. 126 MAY 26, 2005 VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. O12.D.2. Consider a resolution authorizing the Mayor to execute an Economic • Development Agreement with the Round Rock Transportation System Development Corporation, Simon Property Group L.P. and CPG Round Rock, L.P. David Kautz, Assistant City Manager made the staff presentation. To facilitate development of the Simon / Chelsea Premium Outlet Mall (the Project) on a tract of land east of IH 35 and north of Chandler Road, the City and the Round Rock Transportation System Development Corporation (4B Corporation) proposes to fund construction of certain road improvements. These road improvements include IH 35 frontage road improvements and new road construction internal to the project tract. The Project is a Destination Retailer, meaning it attracts commerce from outside of the City. , It will generate substantial sales and property taxes, create jobs and diversify the city's sales tax base. This agreement details responsibilities of the parties and the funding of the internal roads. At the City's option, the internal road improvements will be funded from the 1% general sales tax generated by the Project over a • period not to exceed 8 years or from the 4B Corporation. The Project must meet certain performance standards to receive funding for the roads. Economic Development Agreement Section 6.1.3 The City or the 4B Corp will reimburse Simon the costs of construction the internal roads, estimated at $3;266,604. Options: 380 Agreement or a Direct 4B Reimbursement 380 Agreement Option (Section 6.2.2) o Reimburse $3,266,604 (present value estimate of internal road projects) o From 1% General Sales Tax generated by Project o Generated by sales above $275 per sq foot of sales area o. Reimbursement amortized at 6% o Term expires at earlier of full reimbursement or 8 years 4B Direct Reimbursement option (Section 6.2.1) o Reimburse $3,266,604 (present value estimate of internal road projects) o Reimbursement when roads complete and first phase certificate of occupancy issued o Any part of the Reimbursement that is unearned, pursuant to the 380 Agreement calculations (above), may be repaid to the 4B Corp. • RESOLUTION NO. WHEREAS, the City of Round Rock has established an ' Economic Development Program, and WHEREAS, to further promote economic development, the City wishes to enter into an Economic Development Agreement ("Agreement"), with the Round Rock Transportation System Development Corporation, Simon Property Group, L.P., and CPG Round Rock, L.P. regarding Simon's development of a retail outlet mail in the City of Round Rock, and WHEREAS, the City Council wishes to approve the Resolution of the Board of Directors of the Round Rock Transportation System Development Corporation authorizing its President to execute the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 5 r[` 127 MAY 26, 2005 That the Mayor is hereby authorized and directed to execute on behalf of the City, an Economic Development Agreement with the . Round Rock Transportation System Development Corporation, Simon Property. Group, and CPG Round Rock, L.P., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes, and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the Resolution of the Board of Directors of the Round Rock Transportation System Development Corporation authorizing its President to execute the Agreement. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2005. MOTION: Mayor Pro-tem McGraw moved to amended the agreement as follows: Section 6.2.2.(d) _ The EIPs will be an amount equal to one hundred percent (100%) of the "one-cent (1!)" Sales Tax Revenues from sales (as defined in subsections a and b, above). Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • MOTION: Councilmember Rhode moved to approve the amended resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None . ACTION: The motion carried unanimously. *10.A.2. Consider public testimony regarding an application filed by Scott & White Memorial Hospital and Scott. Sherwood and Brindley Foundation to rezone 50.154 acres of land from District PUD No. 37 (Planned Unit Development) to District PUD No. 59 (Planned Unit Development). (Barshop & Oles) Jim Stendebach, Planning and Community Development Director made the staff presentation. The 50 acres to be re-zoned are a part of a 99-acre tract that was annexed into the City in 1980. The original zoning was I-1 • (industrial zoning). The property was then rezoned to PUD No. 37 in 1999 to accommodate the hospital and medical center proposed by Scott & White. On May 18, 2005, the Planning and Zoning Commission rendered a favorable recommendation to re-zone the property from PUD No. 37 to PUD No. 59 with the following two conditions: 1. That the Owner constructs or cause to be constructed two lanes of Oakmont Drive together with all associated roadway improvements, including a pro-rated share of the traffic signal eventually required at the intersection of Oakmont Drive and Chandler Road. 1 2 MAY 26, 2005 2. That the Owner pays his pro-rated share of the cost of construction of the traffic signal eventually required at the intersection of Chandler Road and the driveway to Parcel 1. The Owner shall pay this payment to the City within 30 days of receipt of a written request that warrants have been met to justify the construction of said signal. The Chandler/I-35 Retail PUD (PUD 59) is divided into three parcels. Two of those parcels will be sold to Simon/Chelsea and will be included in the mall property. The • standards for those two parcels are the same as the mall PUD so that they can easily be incorporated into that development. The remaining parcel will be developed as a shopping center presumably anchored by a large HEB. (The specific details and timing of the development have yet to be determined.) Those issues that differ from standard C-1 regulations for the shopping center parcel are as follows: Permitted and Prohibited Uses: The PUD contains a fairly specific list of uses that limits the type of commercial activity permitted on the site. Most notably, automobile sales and repair (which would ordinarily be permitted in C-1) are prohibited. Right-of-Way: Right-of-Way for Oakmont Drive will be dedicated to the City. Streetscapes: Oakmont Drive will be landscaped to match the requirements set forth in the Premium Outlets PUD. Driveway Access: Driveway locations will be prescribed in the PUD to ensure that they are appropriately aligned to account for surrounding developments and upcoming road • improvements. Driveway Throat Length: The PUD requires long throat lengths to ensure that traffic turning into the shopping center does not get backed up onto the surrounding roads due to bottlenecks in the parking lot. Water Features: The PUD calls for stormwater detention areas to be `dressed up" as landscaped pond features, similar to what is planned for the mall site. Prohibited Building Materials: Certain building materials, such as corrugated metal and unfinished sheet metal, are prohibited. Underdround Utilities: No overhead wiring will be permitted. Design Standards: Buildings and structures will incorporate similar and compatible architectural styles as those currently planned for the outlet mall. Milo Burdette, of Barshop and Oles gave the following highlights of the PUD. • Strict set of permitted and prohibited uses Only allows a grocery store, if the grocery store is at least 125,000 square feet - Limits many services used to an aggregate of 10,000 feet that must be facing Oakmont or Chandler Drive • • Oakmont Drive will be dedicated to the City - Barshop & Oles will pay for or construct two lanes of Oakmont Drive - Barshop & Oles will pay its prorated share of traffic lights on Chandler Drive. - Dedicate ROW for Chandler Road and a wastewater easement for Simon. - Similar architectural design and features. as those contained in the Chelsea Outlet Mall. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 129 MAY 26, 2005 011.D.3. Consider an ordinance rezoning 50.154 acres of land from District PUD No 37 (Planned Unit Development) to District PUD No. 59 (Planned Unit Development) (Barshop &Oles) (First Reading). Staff made a 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 50.154 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT-NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 37 (PLANNING D UNITE DEVELOPMENT) TO DISTRICT PUD NO. 59 (PLANNED UNIT DEVELOPMENT). MOTION: Councilmember Coe moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem 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: Councilmember Nielson Mayor Pro-tem McGraw Councilmember.Clifford Councilmember Salinas Councilmember Rhode' Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *8.A. Consider approval of the City Council minutes for May 12, 2005 and May 17, 2005. • *11.C.1. Consider an ordinance amending Chapter 1, Section 1.1902 of the Code of Ordinances (1995 Edition) amending library fees. (Second Reading) *12.B.1. Consider a resolution authorizing the Mayor to execute agreements with Altivia, DPC Industries, Inc., Bay Chemical and Supply Company, Pennco, Inc., Fort Bend Services, Inc. and LaRoche Industries, Inc. for the purchase of water treatment chemicals. 130 MAY 26, 2005 *12.E.2. Consider a resolution authorizin4 the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services with Gray-Jansing & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Proiect *12.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 8 to the Agreement for Engineering Services with Carter & Burgess Inc for improvements to US 79 from FM 1460 to CR 195. • *12.E.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Chiang, Patel &Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right-of-way to CR 122. (Kiphen Road, Phase II Proiect) *12.E.5. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with Sprint Communications Company, L.P. for the A.W. Grimes Boulevard Project. MOTION: Councilmember Salinas moved to approve all the items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe' Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8.A. Consider approval of the City Council minutes for May 12, 2005 and May 17, 2005. This item was approved under the consent agenda. PRESENTATIONS: 9.A.1. Consider a presentation of the Police Department's accreditation certificate to the City of Round Rock. Brian Williams, Chief of Police made the staff presentation. The Commission on Accreditation for Law Enforcement Agencies (CALEA) was formed in 1979 by four major police organizations that wanted to establish standards ensuring professional business practices within the law enforcement community. The founding agencies were The International Association of Chiefs of Police (IACP); The National Organization of Black Law Enforcement Executives (NOBLE); The National Sheriff's Association (NSA); and The Police Executive Research Forum (PERF). The Round Rock Police Department spent three years • preparing for accreditation, making numerous changes to policies and operating procedures. On December 4, 2004 the Round Rock Police Department was awarded the CALEA Accreditation Certification at the official CALEA Conference held in Austin. Chief Williams and Captain Bratton presented the Certificate of Accreditation to Mayor Maxwell. 09.B.I. Consider a presentation regarding the development on the northeast corner of IH-35 and Chandler Road (Simon) This item was addressed earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler Road. 131 MAY 26, 2005 PUBLIC HEARINGS: 10.A.1. Consider public testimony re6rdinq an application filed by Today PRA Hickerson, L.P., RB-3 Associates, and The Benderson 85-1 Trust to rezone 19.31 acres of land from district PUD No. 37 (Planned Unit Development) and a portion of District PUD No 36 (Planned Unit Development) to District PUD No. 62 (Planned Unit Development) • (Provident Crossings) Jim Stendebach, Planning Director made the staff presentation. This property was originally zoned PUD 36 and PUD 37 in 1999. The boundaries of PUD 36 and PUD 37 were modified in 2001 by the creation of PUD 56 (Randall's Town Centre). On May 18, 2005, the Planning and Zoning Commission rendered a favorable recommendation to re- zone the property from PUD No. 36 and PUD No. 37 to PUD No. 62. The proposed PUD will encompass all of PUD 37 and a portion of PUD 36. Both of these existing PUDs are primarily devoted to business park uses. The proposed PUD will change the uses on the property from business park to commercial so that the new PUD will match the regulations. and standards of PUD 56 (Randall's Town Centre) which is immediately adjacent on the east side of A.W. Grimes Blvd. (The developer of the proposed PUD is the same developer of Randall's Town Centre.) The current zoning allows for potentially more intense uses than the proposed zoning. Given the proximity of the proposed PUD to residential homes, a less • intense use seems more appropriate. The developer has also met with the neighboring homeowners on a number of occasions to ensure that the proposed development is compatible with the adjacent neighborhood. In addition, using the same regulations and standards as the existing neighboring commercial development ensures compatibility with the shopping center on the other side of A.W. Grimes. Greg Bourgeois of Jones & Carter representing the developer was present to respond to Council's questions. Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. 010.A.2. Consider public testimony regarding an application filed by Scott & White Memorial Hospital and Scott, Sherwood and Brindley Foundation to rezone 50.154 acres of land from District PUD No. 37 (Planned Unit Development) to District PUD No. 59 (Planned Unit Development). (Barshop & Oles) This item was addressed earlier in the meeting under • the items related to the development on the northeast corner of IH-35 and Chandler Road. ORDINANCES: 11.A.1. Consider an ordinance amending Sec. 1.1007(2) of the Code of Ordinances (1995 Edition) changing the commencement date of.Mayor and Council member terms. (First Reading) Steve Sheets, City Attorney made the staff presentation. The Council adopted Section 1.1007 of the Code in 1993 to avoid a problem that occurred when newly elected Mayors and Council members were sworn in on the first meeting after the election. 132 MAY 26, 2005 The problem was that in most years, this resulted in them being sworn in only five days after the election. The council and the administrative staff felt that this did not allow enough time for the new members to be brought up to speed on pending city issues and to receive their orientation, training and education. To correct this, the Council decided to have the terms begin on the second Council meeting after the election rather than the first. This new arrangement has worked very well for the past 12 years. However, because of the • unusual way the calendar falls this year, the results in the winner of the June 11th runoff election will not be sworn in until July 14. The proposed amendment to Section 1.1007 avoids the previous problem, without having to wait until July 14th for the new Councilmember to take office. Staff recommended adoption of this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1007, CHANGING THE COMMENCEMENT DATE OF MAYOR AND COUNCIL MEMBER TERMS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Nielson moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode, Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember 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 Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.B.1. Consider an ordinance amending Chapter 5, Sections 5.601 and 5.603 of the Round Rock Code of Ordinances (1995 Edition) regarding the prohibition of fireworks (First • Reading) Steve Sheets, City Attorney made the staff presentation. The City's current fireworks ordinance declares fireworks to be a nuisance and prohibits fireworks within the City and within the 5,000 buffer outside the City's corporate limits. This modification clarifies that the intent that possession of fireworks is prohibited. Susan Camp-Lee, Assistant City Attorney explained the concerns of the Municipal Court Judge regarding these types of cases. 133 MAY 26, 2005 The Council and staff discussed the Council's concern regarding some of the language in the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTIONS 5.601 AND 5.603 REGARDING FIREWORKS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: This ordinance died for a lack of a motion. *11.C.1. Consider an ordinance amending Chapter 1, Section 1.1902 of the Code of Ordinances (1995 Edition) amending library fees. (Second Reading) This item was approved under the consent'agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1902, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE LIBRARY FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 011.D.1. Consider an ordinance rezoning 19.31 acres-of land from District PUD No. 37 (Planned Unit Development) and a portion.of District PUD No. 36 (Planned Unit Development) to District PUD No. 62 (Planned Unit Development). (Provident Crossing (First Reading) Jim Stendebach, Planning Director made the staff presentation for 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 19.31 ACRES OF LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) AND A PORTION OF DISTRICT PUD NO. 36 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PUD NO. 62 (PLANNED UNIT DEVELOPMENT). MOTION: Councilmember Nielson moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • MOTION: Councilmember 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 Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None 134 MAY 26, 2005 ACTION: The motion carried unanimously. .011.D.2. Consider an ordinance annexing 141.68 acres of land out of the Ephraim Evans Survey and adopting original zoning of District PUD No. 60 (Planned Unit Development) on 87.19 acres of land and District PUD No. 61 (Planned Unit Development) on 54.49 acres of land. (Simon tract) (First Reading) This item was approved earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler.Road. 011.D.3. Consider an ordinance rezoning 50.154 acres of land from District PUD No. 37 (Planned Unit Development) to District PUD No. 59 (Planned Unit Development) (Barshop & Oles) (First Reading) This item was approved earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler Road. RESOLUTIONS: 12.A.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Halff Associates, Inc. for the Greater Lake Creek Park Improvements Project. James Hemenes, Park Development Manager made the staff presentation. The Greater Lake Creek Park Project involves three existing park properties and several parcels of land that the City already has or will acquire through the platting process of new neighborhoods. Clay Madsen Park, Greenlawn Park, and Lake Creek Park • will all receive improvements in the form of new development and/or renovations. These three parks will be connected with a hike &bike trail. Included in the project will be a dog park and inline hockey/basketball facility. This project is partially funded by a Texas Parks and Wildlife Department (TPWD) Grant. The City also has an application in for a Grant from the Lower Colorado River Authority (LCRA). These engineering services are necessary for the planning, designing and creation of construction plans to construct the Greater Lake Creek Park Improvements Project. Also included in the contract will be construction observation duties.. This contract is for $158,678.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Greater Lake Creek Park Improvements Project, and WHEREAS, Halff 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 Halff Associates, Inc., Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK; TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering-Services with Halff Associates, Inc. for the Greater Lake Creek Park 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 26th day of May, 2005. F. 135 MAY 26, 2005 MOTION: Councilmember Rhode moved.to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *12.B.1. Consider a resolution authorizing the Mayor to execute agreements with Altivia, DPC Industries, Inc., Bay Chemical and Supply Company, Pennco, Inc., Fort Bend Services, Inc. and LaRoche Industries, Inc. for the purchase of water treatment chemicals. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into Agreements for Purchase of water treatment chemicals ("Agreements") with Altivia Corporation, DPC Industries, Inc., Bay Chemical and Supply Company, PENNCO, Inc., Fort Bend Services, Inc., and LaRoche Industries, Inc., and WHEREAS, the City Council desires to enter into said Supplemental Agreements No. 1 to the Agreements to extend the Agreements by renewal, Now Therefore BE IT RESOLVED BY 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 Purchase of Chlorine (1 ton cylinders) with Altivia Corporation, a copy of same 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Chlorine (150 Ib. cylinders) with DPC Industries, Inc., a copy of same 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Liquid Aluminum Sulfate with Bay Chemical and Supply Company, a copy of same 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Hydrofluosilicic Acid 23% with PENNCO, Inc., a copy of same 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Liquid Cationic Polymer with Bay Chemical and Supply Company, a copy of same 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Belt Press Polymer with Fort Bend Services, Inc, a copy of same 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Anhydrous Ammonia with LaRoche Industries, Inc., a copy of same 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 26th day of May, 2005. o12.C.1. Consider a resolution authorizing the Mayor to execute a First Amendment to the Development Agreement with NNP-Teravista, L.P. and ANC-Round Rock Assets II, L.P. This item was approved earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler Road. 136 MAY 26, 2005 012.D.1. Consider a resolution establishing an Economic Development Program pursuant to Section 380 of the Local Government Code. (Simon Project) This-item was approved earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler Road. o12.D.2. Consider a resolution authorizing the Mayor to execute an Economic Development Agreement with the Round Rock Transportation System Development • Corporation, Simon Property Group L.P. and CPG Round Rock, L.P. This item was approved earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler Road. 12.D.3. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Jack D. and Betty J. Emert for the purchase of 120 Brown Street for the McConico Building Parking Proiect. The Council addressed this item after Executive Session. 012.E.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Plan. This item was approved,earlier in the meeting under the items related to the development on the northeast corner of IH-35 and Chandler Road. *12.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services 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. 3 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with 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. 3 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 26" day of May, 2005.. *12.E.3. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 8 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 137 MAY 26, 2005 WHEREAS, Carter,& Burgess, Inc. has submitted Supplemental Agreement No. 8 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 8 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. 8 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 bf the date, hour, place and subject of the meeting at which-this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof, 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 May, 2005. *12.E.4. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Chiang, Patel &Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right-of-way to CR 122. (Kiphen Road, Phase II Project) This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Chiang, Patel & Yerby, Inc. for the preparation of schematics, environmental documents, plans specifications, and estimates (PS&E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122 (Kiphen Road Phase II Project), and WHEREAS, Chiang, Patel &Yerby, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Chiang, Patel &Yerby, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement with Chiang, Patel &Yerby, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of May, 2005. *12.E.5. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with Sorint Communications Company, L.P. for the A.W. Grimes Boulevard Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement with Sprint Communications Company, L.P. ("Sprint") for the relocation of fiber optic cables owned by Sprint in connection with the A.W. Grimes Boulevard 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 said Reimbursement 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 he 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 May, 2005. COUNCIL COMMENTS: None EXECUTIVE SESSION: 13 MAY 26, 2005 14.A.1. Executive.Session as authorized by q551..072 Government Code related to the possible purchase of 120 South Brown Street The Council recessed into the Executive Chamber for the Executive Session. The Executive Session was called to order at 10:17 p.m. and adjourned back into Regular Session at 10:26 p.m. 12.D.3. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Jack D. and Betty J. Emert for the purchase of 120 Brown Street for the McConico Building Parking Proiect. This item was discussed during the Executive Session. RESOLUTION NO. WHEREAS, the City desires to purchase a tract of land known as Lot 2B, Replat of Lot 2, Block 6, of E.H. & A. Round Rock Joint Venture Subdivision, in the City of Round Rock, Williamson. County, Texas, also known as 120 Brown Street, for the McConico Building Parking Project, and WHEREAS, Jack D. Emert and wife, Betty J. Emert, the owners of the property, have agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Jack D. Emert and wife, Betty J. Emert, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of May, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember • Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 10:25 p.m. Repectfully Submitted, Christine R. Martinez, City Secretary 7)1 Alp, X005 . - -�^�, z = 139 JUNE 9, 2005 The Round Rock City Council met in Regular Session on Thursday, June 9, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the 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 Alan McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: S.A. Consider proclaiming June 12, 2005 as N.G. "Bunke and Geneva Whitlow Day. Mayor Maxwell read the following proclamation. Jim Nuse announced that Mr. and Mrs. Whitlow will be honored at Old Settlers Park on Sunday, June 12, 2005 from 3-5 p.m. and the Capital Idea will be introduced at that time. WHEREAS, Round Rock has always been fortunate to have individuals who give unselfishly of the time and talents for the betterment of the community; and • WHEREAS, N. G. (Bunky) and Geneva (Nevie) Whitlow came to Round Rock over fifty years ago bring with them their foresight, dedication, and driving force to make a difference in the Round Rock community; and WHEREAS, Bunky has played a key role in recruiting major companies to Round Rock (including Westinghouse and others) and was instrumental in laying the groundwork for Round Rock's current thriving, foresighted, progressive community; and WHEREAS, Bunky and Nevie have been vitally involved in many activities and organizations within the community that are too numerous to list; and WHEREAS, Bunky has made possible the success of countless individuals, businesses and entrepreneurs throughout Williamson County and beyond and is now the driving force behind Capital IDEA who helps people get "a leg up". NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby recognize Bunky and Geneva Whitlow for their decades of unparalleled excellence in leadership, commitment, community spirit, and achievement by honoring them on the success of Capital IDEA's efforts to raise working families into high-skill career opportunities in Travis County; and FURTHERMORE, challenge citizens of Round Rock and Williamson County to unite with the Whitlow's to create a legacy that will invest in the dreams of generations of working families in our communities by helping to lift individuals who are struggling to make ends meet join the high-skill workforce. PROCLAIMED this 9th day of June 2005. 5.B. Consider proclaiming June as National Homeownership Month. Mayor Maxwell read the following proclamation and presented to Mona Ryan, • Community Development Coordinator. WHEREAS, throughout our nation's history, homeownership has been central to the American way of life and plays a critical role in strengthening families and communities; and WHEREAS, since America's earliest days, homeownership has been creating community stakeholders who are active in charities and their places of worship, and more likely to vote and become involved with local issues while offering children a stable living environment which influences their development in measurable ways; and WHEREAS, today, nearly 75 million Americans are homeowners, and the percentage of households that have achieved homeownership, nearly 70 percent, is at an all-time high_ ; and WHEREAS, the City of Round Rock joins with the federal government in making homeownership more affordable.and accessible by continuing to make down payment and closing costs financial assistance available to eligible first time home buyers. 140 JUNE 9, 2005 NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the month of June, 2005 as "NATIONAL HOMEOWNERSHIP MONTH" in the City of Round Rock, Texas, and call upon the citizens of Round Rock to recognize this special observance and participate in National Homeownership Month activities throughout the month of June. PROCLAIMED this 9th day of June 2005. PRESENTATIONS: 6.A.1. Consider a Presentation concerning the selection of an architect for Fire Station • No. 7. Tom Word, Chief of Public Works Operations made the staff presentation. The Building Construction Department and the Fire Department requested qualifications from three local architects for the design of future Fire Station No. 7 being considered in the north east area of Round Rock which is along Chandler Road between IH-35 and Sunrise Road. The local firms were KA Hickman Architects & Interior Designs, Moman Architects Inc. and Spencer Godfrey Architects. The selection team consisted of Fire Chief Larry Hodge, Assistant Fire Chief David Smith, Larry.Madsen, Construction Manager and Gary Wilson, Project Manager. After interviews of the firms and review of the request for qualifications, the team scored the firms and KA Hickman Architects & Interior Designers was selected as the number one choice for design of Fire Station No. 7.. Keith Hickman designed Fire Stations number three, four, and six for the City. Staff will meet with Keith Hickman of KA Hickman Architects & Interior Designer and prepare a contract to be brought back to a future Council meeting. • CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. Item *8.A. was withdrawn from the agenda. There was no separate discussion on any of the remaining items. *8.A. Consider approval of the City Council minutes for May 26, 2005. This item was withdrawn from the agenda at the request of staff. *9.B.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.106 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) *9.D.2. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Sandy Brook Drive as a school speed zone. (First Reading) • *10.A.2. Consider a resolution authorizing a property tax refund to Bridge Foxfire Partners, Ltd. for 2002 taxes in the amount of $814.58. *10.A.3. Consider a resolution authorizing a property tax refund to Shannon Stephanie Sutton for 2004 taxes in the amount of $628.19. 141 JUNE 9, 2005 *10.13.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123. *10.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the Contract for Engineering Services with Espey Consultants, Inc. for the study of Onion Branch in the vicinity of The Hermitage. MOTION: Councilmember Clifford moved to approve all the items on the consent agenda. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas 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 of item 9131 with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8.A. Consider approval of the City Council minutes for May 26, 2005. This item was withdrawn from the agenda at the request of staff. ORDINANCES: 9.A.1. Consider an ordinance amending Chapter 5, Sections 5.601 and 5.603 of the Round Rock Code of Ordinances regarding the prohibition of fireworks. (First Reading Steve Sheets, City Attorney made the staff presentation. The City's current fireworks ordinance declares fireworks to generally be a nuisance and prohibits fireworks within the City and within the 5,000 buffer outside the City's corporate limits. This modification • clarifies that the intent that possession of fireworks is prohibited. The ordinance before the Council is similar to the ordinance addressed at the last Council meeting with the addition of a provision regarding affirmative defense. The ordinance now defines the passenger area and dictates allowable locations for the transport of fireworks. The passenger area of a vehicle is not an allowable area for transport. In response to Mayor Pro-tem McGraw's question, Mr. Sheets responsed that the modification is based on the open container regulations. 142 JUNE 9, 2005 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTIONS 5.601 AND 5.603 REGARDING FIREWORKS AND ADDING SECTION 5.607 REGARDING A DEFENSE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Couhcilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *93.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.106 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (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 • 0.106 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD 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. The second reading for this item was dispensed and addressed under the consent agenda. 9.C.1. Consider an ordinance rezoning 20.073 acres of land from District OS (Open Space) to District SF-2 (Single Family-Standard Lot). (9500 Wyoming Springs Drive) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This tract is abuts Wyoming Springs Road to the west and Behrens Ranch Parkway to the north. The developer is requesting that 20.073 acres of land currently zoned OS (Open Space) District be rezoned back to SF-2 (Single Family-Standard, Lot) District so he can subdivide.82 single-family lots. Both the developer and the Homeowners Association (HOA) have held several meetings with the neighbors to secure support of the rezoning. These lots are • similar in size to the surrounding existing sections of the Behrens Ranch Subdivision. Historically, the developer requested single-family zoning for 240 acres (SF-1 and SF-2). He then submitted a rezoning request to have therSF-1 District and SF-2 District zoned OS District for the specific use of a Golf Course. However, the developer determined that due to financial issues, a golf course will not be feasible. He therefore applied for a zoning change in February 2004 and received a recommendation for disapproval by the Planning and Zoning Commission due to neighborhood opposition. Since that time, the developer 143 ]UNE 9, 2005 has settled a lawsuit with a number of the neighboring property owners who are now in support of the rezoning. The remaining 240 acres of OS will be deeded to the City and maintained as parkland. The zoning change request was again presented to the Planning and Zoning Commission in March 2005 and received a favorable recommendation. 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 20.073 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND , ROCK,- WILLIAMSON COUNTY, TEXAS, FROM DISTRICT OS (OPEN SPACE) TO DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT). MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas 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 Salinas seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.D.1. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances (1995 Edition) prohibiting the parking of vehicles on a portion of Park Valley Drive. (First Reading) Tom Martin, Director of Transportation Services made the staff presentation. Staff has received numerous complaints from patrons and business owners regarding the poor visibility of oncoming traffic when exiting driveways onto Park Valley Drive when vehicles are parked along the street. A field study was conducted and • determined that the aforementioned areas on Park Valley Drive be zoned "No Parking" to improve visibility and safety for vehicles exiting driveways. Councilmember Salinas advised staff to inform the hospital personnel and construction workers about the proposed regulations. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF PARK VALLEY DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. -144 JUNE 9, 2005 MOTION: Mayor Maxwell moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None . ACTION: The motion carried unanimously. *9.D.2. Consider an ordinance amending Chapter 9 Section 9.503 Code of Ordinances (1995 Edition) designating a portion of Sandy Brook Drive as a school speed zone. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503; CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF SANDY BROOK DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Brockway, Gersbach, McKinnon & Niemeier, P.C. for the annual audit for the fiscal year ending September 30, 2005. Cindy Demers, Finance Director made the staff presentation. The City's Charter requires an annual audit of the financial records to be • performed by an independent certified public accountant. The objective of the audit is the expression of an opinion as to whether the City's financial statements are fairly presented in conformity with generally accepted accounting principles. Other objectives include reporting on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements in accordance with Government Auditing Standards and Single Audit Act requirements. As a best practice, every 5 years the City intends to formally solicit firms to perform the City's external audit. The City implemented the process this year by issuing a Request for Qualifications for audit services. The Request for Qualifications document was sent to over 30 accounting firms in early March. The City received seven responses. The City's audit services selection committee evaluated the responses, interviewed the top three firms and called references for those firms. The committee recommended Brockway, Gersbach, McKinnon & Niemeier, P.C. at a cost of $72,000. The audit will provide an independent examination of financial records, activities and operations to assess internal control practices, compliance with regulations, grant terms, bond covenants, contractual requirements and fairness of presentation of financial information. The recommended firm will also provide valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls, policies and procedures. 145 JUNE 9, 2005 Lisa McKinnon, the firms governmental audit partner, gave a brief overview of the firm adding that the audit will conducted in stages. RESOLUTION NO. WHEREAS, it is necessary for the City ofgRound Rock to conduct an annual audit, and WHEREAS, the accounting firm of Brockway, Gersbach, McKinnon & Niemeier, P.C. has submitted an engagement letter to provide said audit for the fiscal year ending September 30, 2005, and • WHEREAS, the City Council wishes to enter .into said engagement letter, Now Therefore BE IT RESOLVED BY 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 Brockway, Gersbach, McKinnon & Niemeier, P.C. to conduct said audit, a copy of said engagement letter being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.A.2. Consider a resolution authorizing a property tax refund to Bridge Foxfire Partners, Ltd. for 2002 taxes in the amount of $814.58. 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, Bridge Foxfire Partners, LTD has made an overpayment or erroneous payment of 2002 taxes in the amount of $814.58; 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$814.58. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act; Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June, 2005. *10.A.3. Consider a resolution authorizing a property tax refund to Shannon Stephanie Sutton for 2004 taxes in the amount of$628.19. This item was approved under the consent agenda. .:14 6 JUNE 9, 2005 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, Shannon Stephanie Sutton has made an overpayment or erroneous payment of 2004 taxes in the amount of $628.19; 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 $628.19. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public'as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June, 2005. *10.B.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Agreement for Engineering Services with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123. 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 final design of Red Bud Lane from US 79 to CR 123, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 3 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 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 rand directed to execute on behalf of the City Supplemental Agreement No. 3 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 9th day of June, 2005. 10.B.2. Consider a resolution authorizing the Mavor to execute a Standard Utility Agreement with the Texas Transportation Commission for the reconstruction of US 79 from County Road 195 to 1,000 feet east of County Road 110 Tom Martin, Director of Transportation Services made the.staff presentation. An 18-inch water line including fire hydrants, water valves, and air release valves was in conflict with the reconstruction of US • 79 from County Road 195 to 1,000 feet east of County Road 110. The water line was located on City property and in City owned easements, so the City is eligible for reimbursement of the costs associated with adjusting, removing and/or relocating the water :line. The City could be eligible for reimbursement of up to $488,250.00. In order for the City to apply for reimbursement of eligible costs to adjust, remove and/or relocate a water line located along US 79 from County Road 195 to 1,000 feet east of County Road 110, the 147 ]UNE 9, 2005 City must enter into a Standard Utility Agreement with the Texas Department of Transportation. 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 a Standard Utility Agreement ("Agreement") with the State of Texas, acting by and through the Texas Transportation • Commission regarding the reconstruction of US 79 from County Road 195 to 1,000 feet east of County Road 110, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.C.1. Consider a resolution releasing the Highlands at Mayfield Ranch Municipal Utility District from the City of Round Rock Wastewater Service Area. Tom,.Clark, Director of Utilities made the staff presentation. The Municipal Utility District (MUD) is located in Round Rock's ETJ and in order to receive wastewater service from another entity, the MUD must receive Round Rock's consent which is a condition of the Brushy Creek Regional Wastewater Disposal Contract. The Mayfield Ranch MUD will be served water by the City of Georgetown and wastewater service will be provided by the City of Cedar Park through the Brushy Creek Regional Wastewater System. The Mayfield Ranch MUD will not be served water or wastewater by the City of Round Rock. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") has previously consented, by Resolution No. R-04-12-02-9D1' dated December 2, 2004, to the creation of Highlands at Mayfield Ranch Municipal Utility District over approximately 345.79 acres of land in the City's extraterritorial jurisdiction ("Land"), and WHEREAS, the Land is not located within the certificated service area of any wastewater utility provider, and the developer of the Land,' Highlands at Mayfield Ranch, Ltd. ("Developer"), proposes to obtain wholesale wastewater service for the Land through the Brushy Creek Regional Wastewater System ("System"), and WHEREAS, Section 7.10 of the Wastewater Disposal Contract which has been entered into by the City with the Brazos River Authority, the Lower Colorado River Authority, the City of Cedar Park, and the City of Austin dated October 11, 2000 ("Contract"), provides that neither the City, the Brazos River Authority, the Lower Colorado River Authority, the City of Cedar Park, nor the City of Austin will provide or enter into an agreement to provide wastewater service directly or indirectly to another customer's service area unless the customer in whose service area the service is to be provided consents, and 148 JUNE 9, 2005 WHEREAS, as set forth on Figure 1 to the Contract, the Land is located within the City's designated service area under the Contract, and the City wishes to consent to such service being provided by another customer, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City gives its consent to the provision of wastewater service to the Land by another customer or participant in the Brushy Creek Regional Wastewater System, and agrees to provide further evidence of its consent if requested to do so by the Developer, the District, or the proposed service provider. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mavor to execute a Second Amendment to the Development Agreement with NNP-Teravista. L.P. and ANC-Round Rock Assets II, L.P. This item was withdrawn from the agenda at the request of the developer. • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement ("Agreement") with NNP-Teravista, L.P. ("Developer") regarding the Teravista Project ("Project"), and WHEREAS, a portion of the Project has been acquired by ANC-Round Rock Assets II, .L.P. ("ANC"), and WHEREAS, Developer and ANC have entered into a contract for the sale of a portion of the Project known as the Round Rock Premium Outlets Project and amended the Agreement by First Amendment to Development Agreement, and WHEREAS, Developer has entered into a contract to sell a portion of the project containing 18.077 ares of land to Scott & White Memorial Hospital and Scott, Sherwood and Brindley Foundation ("Scott & White"), and WHEREAS, the City and Developer now desire to amend the Agreement to reflect the sale to Scott &White, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Second Amendment to Development 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 9th day of June, 2005. *10.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the 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. 14 .9 3UNE 9, 2005 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Espey Consultants, Inc. for the study of Onion Branch in the vicinity of The Hermitage, and WHEREAS, Espey Consultants, Inc. has submitted Supplemental Contract No. 1 to the Contract for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 1 with Espey Consultants, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with Espey Consultants, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June, 2005. 10.F.1. Consider a resolution authorizing the Mayor to execute a contract with RGM Constructors, L.P. for the Old Settlers Park Soccer Field Parking Lot Improvements Proiect. Rick Atkins,.Parks and Recreation Director made the.staff presentation. There are two grass areas located to the east and west of the soccer fields in Old Settlers Park that are currently being used for parking. However, the areas are not paved and are a problem during wet conditions. Because the City hosts many sporting events each year that attract visitors from across the State, it is important that the City improve these parking areas. These improvements would aesthetically improve the entire area and provide a nice message to visitors to the "Sports Capitol of Texas". Staff received three bids which were • opened on May 24, 2005 for the project. After reviewing the bids, the Engineer and staff's recommendation was to award the bid to RGM Constructors, L.P. at a cost of $512,568.18. RESOLUTION NO. WHEREAS, the City of Round Rock _has duly advertised for bids for the Old Settlers Park Soccer Field Parking Lot Improvements Project, and WHEREAS, RGM Constructors, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of RGM Constructors, 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 with RGM Constructors, L.P. for the Old Settlers Park Soccer Field Parking Lot 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 9th day of June 2005. • MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Nielson seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 1 :5. 0 JUNE 9, 2005 11.A. Consider appointment of Mayor Pro-tem. Mayor.Maxwell opened the floor for nominations. MOTION: Councilmember Nielson moved that Mayor Pro-tem McGraw continue serving in the capacity of Mayor Pro-tem by acclamation. Councilmember Coe seconded the motion. VOTE: Ayes: Nielson Councilmember • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.B. Consider 4 appointments to the Planning and Zoning Commission. Mayor Maxwell opened the floor for nominations. Larry Quick, Al Kosik, Sandy Arnold, and Ray Thibodaux were nominated. MOTION: Councilmember Clifford moved that nominations cease and to appoint Larry Quick, Al Kosik, Sandy Arnold, Ray Thibodaux by acclamation. Councilmember Nielson seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None .ACTION: The motion carried unanimously. 11.C. Consider 6 appointments to the Zoning Board of Adjustments. Mayor Maxwell opened the floor for nominations for the Zoning Board of Adjustments. Keith Hickman, Terry Hagood, Michael Morales, Tim Haynie, P.E., Sandra Talton and Frank Del Castillo, Jr., were nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease. Councilmember Salinas seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None' ACTION: The motion carried unanimously. Mayor Maxwell asked the Council to state their vote for three regular members. The following results are from the poll of the Council. Keith Hickman - 7 votes appointed as regular member Terry Hagood - 7 votes appointed as regular member, 151: JUNE 9, 2005 Michael Morales - 0 votes Frank Del Castillo - 0 votes Tim Haynie, P.E. - 5 votes appointed as regular member Sandra Talton - 2.votes Mayor Maxwell asked for nominations for the positions of alternates. He added that • one alternate will fill an unexpired term. Michael Morales, Frank Del Castillo and Sandra Talton were nominated. The following results are from the poll of the Council. Michael Morales - 6 votes appointed as alternate member Frank Del Castillo - 2 votes appointed as alternate member to fill unexpired term Sandra Talton - 6 votes appointed as alternate member 11.D. Consider 3 appointments to the Historic Preservation Commission. Mayor Maxwell opened the floor for nominations. Lynn Smith, David Crutchfield, Billy Huggins, and Sandra Talton were nominated. MOTION: Councilmember Coe moved that nominations cease and to appoint Lynn Smith, David Crutchfield, and Billy Huggins to the Historic Preservation Commission by acclamation. Councilmember Rhode seconded the motion. • VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.E. Consider 4 appointments to the Community Development Advisory Commission. Mayor Maxwell opened the floor for nominations. Dina Schaefer, Karen Adair- Murphy, Martha Chavez, and Rodney Howard were nominated. MOTION: Councilmember Rhode moved that nominations cease and to appoint Dina Schaefer, Karen Adair-Murphy, Martha Chavez, and Rodney Howard to the Community Development Advisory Commission by acclamation. Councilmember Salinas seconded the motion. VOTE: Ayes: Nielson Councilmember • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.F. Consider 3 appointments to the Round Rock Housing Authority. Mayor Maxwell opened the floor for nominations. Andy Martinez, Linda Martinez, and Deborah Williams were nominated. 152 JUNE 9, 2005 MOTION: Mayor Pro-tem McGraw moved that nominations cease and to appoint Andy Martinez, Linda Martinez, and Deborah Williams to the Round Rock Housing Authority by acclamation. Councilmember Coe seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.G. Consider 3 appointments to the Building Standards Commission. Mayor Maxwell opened the floor for nominations. Brian Morrow and Martha Juch were nominated. MOTION: Councilmember Coe moved that nominations cease and to appoint Brian Morrow and Martha Juch to the Building Standards Commission by acclamation. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. Mayor Maxwell asked staff to advertise the vacancy on this Commission. 11.H. Consider 4 appointments to the Ethics Review Commission. Mayor Maxwell opened the floor for nominations. Efrain Davila, Monica Beatty, David Adkins and Larry Cowan were nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease and to appoint Efrain Davila, Monica Beatty, David Adkins and Larry Cowan to the Ethics Review Commission by acclamation. Councilmember Rhode seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 11.I. Consider 5 appointments to the Round Rock Housing Finance Corporation Board of Directors. Mayor Maxwell opened the floor for nominations. Mayor Maxwell, Councilmember Clifford, Councilmember McGraw, Councilmember Salinas and Councilmember Rhode were nominated. MOTION: Councilmember Coe moved that nominations cease and to appoint Mayor Maxwell, Councilmember Clifford, Councilmember McGraw, Councilmember Salinas and 153 JUNE 9, 2005 Councilmember Rhode to the Round Rock Housing Finance Corporation Board of Directors by acclamation. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.3. Consider 3 appointments to the Capital Area Planning Council of Governments (CAPCOG) General Assembly. Mayor Maxwell. opened the floor for nominations. Mayor Pro- tem McGraw and Councilmember Salinas were nominated for the position of the City Officials and Russ Boles was nominated for the position of the citizen representative. MOTION: Councilmember Nielson moved that nominations cease and to appoint Mayor Pro-tem McGraw and Councilmember Salinas for the City Officials positions and Russ Boles for the citizen representative position on the General Assembly of CAPCOG by acclamation. Councilmember Coe seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode Councilmember Coe Mayor. Maxwell Nays: None ACTION: The motion carried unanimously. 11.K. Consider 1 appointment to fill an unexpired term of the Round Rock Transportation System Development Corporation. Mayor Maxwell opened the floor for nominations. MOTION: Mayor Pro-tem McGraw moved that this item be tabled. Councilmember Nielson seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 11.L. Consider 4 appointments to the Tourism Commission. Mayor Maxwell opened the floor for nominations for the following position. Dell Diamond/Heritage Center (One representative) Scott Allen was nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease and to appoint Scot Allen as the representative for the. Dell Diamond/Heritage Center by acclamation. Councilmember Clifford seconded the motion. 154 ]UNE 9, 2005 VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell opened the floor for nominations for the following position. • Hotel industry - small-size 250 rooms or less (one representative) MOTION: Councilmember Nielson moved to table the appointment for the Small Size Hotel industry. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None .ACTION: The motion carried unanimously. Mayor Maxwell opened the floorfor nominations for the following position. Local tourism-related business (one representatives) Gisele Schaefer was nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease and to appoint Gisele Schaefer as the Local Tourism re resentative b • p y acclamation. Councilmember Neilson seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell opened the floor for nominations for the following position. Arts Community (one representative Linda Bolding was nominated. MOTION: Councilmember Nielson moved that nominations cease and to appoint Linda Bolding as the Arts Community representative by acclamation. Councilmember Coe seconded the motion.. • VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.M. Consider 2 appointments to the Round Rock Health Facilities Corporation 155 JUNE 9, 2005 Mayor Maxwell opened the floor for nominations. Councilmember Clifford and Councilmember Salinas were nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease and to appoint Councilmember Clifford and Councilmember Salinas to the Round Rock Health Facilities Corporation by acclamation. Councilmember Coe seconded the motion. . VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.N. Consider 1 appointment to the Round Rock Industrial Development Corporation. Mayor Maxwell opened the floor for nominations. Councilmember Clifford was nominated. MOTION: Councilmember Rhode moved that nominations cease and appoint Councilmember Clifford to the Round Rock Industrial Development Corporation by acclimation. Councilmember Coe seconded the motion. VOTE: Ayes: Nielson Councilmember Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None The Council expressed their condolences to family of Thomas Edward Nelson, Jr. who recently passed away. ADJOURNMENT: There being no further business, the meeting adjourned at 8:35 p.m. Re pectfully Submitted, Christine R. Martinez, City Secretary • 15fi ]UNE 21, 2005 The Round Rock Cit Council met in City a Special Called Session on Tuesday, June 21, 2005 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Gary Coe. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Also present were Assistant City Manager David Kautz, Executive Director for Community Development Joe Vining, Chief of Public Works Operations Tom Word, Chief of Police Bryan Williams, Fire Chief Larry Hodge, Transportation Director Tom Martin, Human Resources Director Teresa Bledsoe, Water/Wastewater Utilities Director Tom Clark, Construction Manager Larry Madsen, Planning Director Jim Stendebach and Parks and Recreation Director Rick Atkins. CANVASS JUNE 11, 2005 CITY COUNCIL RUNOFF ELECTION FOR PLACE 1. Mayor Maxwell asked the Council to canvass the results of the June 11, 2005 Election that were provided by the Williamson County Elections Administrator. The City Secretary gave the following report on the results of the Election: Councilmember Place 1 Rufus Honeycutt received 783 votes, which,was 56.41% of the votes. • Ted Williamson received 605 votes, which was 43.59% of the votes. Total votes cast were 1,388 Rufus Honeycutt was elected to serve in Place'1 on the City Council. RESOLUTIONS: 4.A. Consider a resolution declaring that the June 11, 2005 City Council Runoff Election results are official. RESOLUTION NO. WHEREAS, the City Council of the City of Round Rock ordered a runoff election to be held June 11, 2005 for the purpose of electing Councilmember Place 1; 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 1 by the resident, qualified electors of the City, who voted at the election: A. Councilmember Place 1: Rufus Honeycutt votes Ted Williamson votes 3. That the City Council officially finds, determines and declares the result of the election to be that Joe Clifford was elected as Councilmember Place 3. 157 JUNE 21, 2005 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of June 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PRESENTATION: S.A. Consider presentation and discussion of the Strategic Calendar. Monique Adams, Executive Administrative Assistant to the City Manager outlined the upcoming items for June and the items that have been completed. There were no questions regarding the calendar. STAFF BRIEFINGS: 6.A. Consider staff briefings and Councilmembers' discussion and questions regarding items on the agenda for the June 23, 2005 City Council meeting. Mayor Maxwell outlined the agenda for June 23, 2005. Staff briefed the Council on the following items. Joe Vining explained that Dan Sefko will be making the presentation for item 3A1 and a copy of the report will be provided to the Council at the meeting. Jim Stendebach explained that the purpose of item 10A1 was for better clarification of what the permitted uses for temporary buildings.and outdoor storages and that a presentation for wireless transmission facilities, item 10A3 was previously made to the Council. He added that the Planning and Zoning Commission recommended a couple of changes to the regulations since that presentation. Rick Atkins explained that item 14E1, rejecting all bids received for the Brushy Creek Trail East Project, the bids all over the, project budget. • Larry Madsen explained that item 14F1, the redesign of Fire Station No. 2, supplemental agreements are to bring the project with the proposed budget. Among other things, the elevator was eliminated from this two story project and the overall plan was scaled back to 2,500 square feet from the original plan. ADJOURNMENT: There being no further business, the meeting adjourned at 8:09 a.m. Respectfully Submitted, Christine R. Martinez, City Secretary II t 158 JUNE 23, 2005 The Round Rock City Council met in Work Session and Regular Session on Thursday, June 23, 2005, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:30 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Tom Nielson, Councilmember Joe Clifford, Councilmember Scott Rhode, and Councilmember Gary Coe. Councilmember Carlos T. Salinas was absent. • PRESENTATION: 3.A.1. Consider a presentation regarding the findings of the Development Process Survey. Charlie Ayres, Vice-President of Business Development, Round Rock Chamber of Commerce reported that the City and the Chamber of Commerce have been working with Dan Sefko of Dunkin, Sefko &Associates, Inc. to review all of our development processes and procedures of the City. Dan Sefko gave the following report on the findings of the study. Purpose The purpose of this study is to ascertain if any changes need to be made to any of the review and development approval processes the City uses for site plans, zoning changes, building permits or subdivision improvement plans. Study Methodology Input for this study was from three sources: 1. Consultant review of the present development review process; 2. Results from a questionnaire sent to "users" or participants in the development review process; and 3. Interviews with area engineers, planners, land owners/developers, real estate interests and others interested in the process. The study was not a scientific approach to the issue, but rather an assessment of attitudes or perceptions of the development review process. Consequently, further research may need to be conducted to determine if certain comments or perceptions are correct. No effort was made as part of the consultants to prove or verify statements made by the participants. An important part of the study was that all participants and related responses were anonymous. By not citing who made certain comments, it gave the participants the opportunity to their best and most honest responses. If any names of participants or individuals at the City were made in any responses or interviews, they were deleted from • the report. The Survey A mail-out survey was prepared by the consultants. The purpose was to find out information about the participants and about each City department or area at the City that they had contact or dealt with through the review and approval process. Surveys were sent to one hundred (100) users collected from a City database of firms or individuals that have 159 JUNE 23, 2005 submitted projects to the City in the past for approval or have worked with the City as an owners' representative or agent. Participants were asked to rate various components of the review process, and each City department involved in the process on a scale of one (1) to five (5). One (1) indicating "NO" or"low degree" to five (5) indicating "YES" or"high degree."The surveys were sent with postage-paid return envelopes, and they were • returned directly to the consultant. Out of one hundred (100) surveys, thirty-five (35) were returned, representing a good return rate (35%), from a statistical perspective. Most of the respondents: • were engineers; • submitted site development or concept plans; • submitted an application in 2005; • have been at their respective professions over 10 years; • contacted the Planning Department first when contacting the City. Mr. Sefko gave a brief outline of the scoring results, comments and responses received. Conclusion/Recommendations Overall, it appears the development review system works reasonably well. Clearly, some parts of the system need adjustments and, in some cases, significant attention. Results indicate that any things are working as well as possible and most respondents recognize that the City staff is doing the best that they can. Better organization and communication would likely improve most problems. Indeed many of the issues identified by participants as problems also exist in other cities. To say that many of these problems are. unique to Round Rock would be unfair. As evidenced by the initiation of this study the City is at least willing to listen so improvements can be made. Mr. Sefko outlined the suggestions or recommendations of how the City can use the results of the survey to improve the development review process in Round Rock. Mr. Nuse announced that a Committee with members of the development community, staff, and chamber staff can be created. The Committee will implement suggestions and work through July and August regarding the recommendations from Mr. Sefko. A report will be brought back to the Council for discussion. CALL REGULAR SESSION TO ORDER - 7:00 P.M. The meeting was called to order at 7:10 p.m. iPLEDGE 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 Joe Clifford, Councilmember Scott Rhode, Councilmember Gary and Councilmember-Elect Rufus Honeycutt. Councilmember Carlos T. Salinas was absent. 160 JUNE 23, 2005 Mayor Maxwell presented a plaque of appreciation to Tom Nielson for the service he gave to the City as Councilmember and a Planning and Zoning Commissioner. Mayor Maxwell and Mayor Pro-tem McGraw presented a farewell gift from the Council, staff, and members of the community to Councilmember Nielson. Councilmember Nielson thanked the Council and everyone who gave him the opportunity to serve as one of the City's Councilmembers. • SWEAR IN NEWLY ELECTED COUNCILMEMBER FOR PLACE 1: Rufus Honeycutt was sworn into office by Williamson County Judge Ken Anderson, 277th District Court. Mayor Maxwell called for a recess at 7:37 p.m. so everyone could offer their congratulations to Councilmember Honeycutt and to offer good wishes to Councilmember Nielson for everything he has done while on the Council. Mayor Maxwell called the meeting back to order at 7:43 p.m. CITIZENS COMMUNICATIONS: None PRESENTATIONS: 9.A.1. Consider a presentation concerning the evaluation of a possible alternate location for the future police station. Bryan Williams, Chief of Police made the staff presentation. He gave an overview of possible locations of the new Police Station. • Site No. 1 - 8.7 acres (Old Settlers Boulevard) can have 200 parking spaces. Site No. 2 - 76 acres (former Tellabs Building) can have 365 parking spaces. This site can also provide future training site for not only the Police Department but also for the Fire Department. The cost of each site is very similar, but site No. 2 is a bit more expensive but both locations will work well for the Police Department. The Council and staff discussed the benefits of each site. 9.6.1. Consider a presentation of potential sites for the future Fire Station No. 7 to be located in the vicinity of the intersection of IH 35 and Chandler Road. Larry Hodge,-Fire Chief made the staff presentation. The new station should be located in the vicinity of Chandler Road and IH-35 within the boundaries of County Road 111 on the North, Luther Peterson Road on the South, FM 1460 on the East and Sam Bass Road on the West. As the northern area of the City is developed, this station could be moved easterly to the vicinity of FM 143.1 and Stone Oak Drive, and an additional station placed in service in the vicinity of • Chandler Road and Sandy Brook Drive. Chief Hodge outlined the required EMS response times and Fire responses for the City. Joe Vining outlined the locations of the potential sites for Fire Station No. 7 and the benefits and concerns of those sites. Each site was labeled with a letter from the alphabet. 161 JUNE 23, 2005 David Bartels gave an overview of timeline for Fire Station No. 7. If the scheduled is followed the ribbon cutting should be on March 25, 2008. The following locations were recommended as the best locations for Fire Station. Site D - First choice Site F - Second choice . Site G - Third choice PUBLIC HEARINGS: 10.A.1. Consider public testimony concerning proposed amendments to Chapter 11, Zoning, Code of Ordinances to amend provisions related to temporary use permits, temporary buildings and outdoor storage. Jim Stendebach, Planning Director made the staff presentation. The amendments attempt to resolve recurring issues staff has encountered since the adoption of the Zoning Ordinance in May 2002. The amendments to the zoning ordinance will allow for the use of temporary buildings and temporary outdoor storage in non-residential zoning districts.to accommodate displaced staff and merchandise during business expansions, remodeling or reconstruction. The following amendments will provide increased flexibility as follows: • Amend Section 11.305 to utilize "Temporary Use Permits" to regulate the placement of temporary buildings and temporary outdoor storage and to regulate the length of time in which they are permitted: - Permits requested for a temporary building or temporary outdoor storage during expansions, remodeling or reconstruction shall be valid for a period up to one year. The temporary building or temporary outdoor storage shall be removed 45 days after the final inspection or issuance of the Certificate of,,Occupancy. • Amend Section 11.425 (5) to establish criteria for permitting temporary buildings and temporary outdoor storage during expansions, remodeling and reconstruction. Require that temporary buildings or temporary outdoor storage used during expansions, remodeling or reconstruction be shown on a site plan, reviewed, and approved by the Development Review Committee. The Development Review Committee shall make its determination based on the criteria listed in 11.425 (5) (b) (i-iv) which_considers, among other things, the effects of the placement of the buildings and storage on traffic circulation and/or any potential conflicts with existing.easements. Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. 10.A.2. Consider public'testimony concerning propos ed amendments to Chapter 11, • Zoning, Code of Ordinances to amend provisions related to the public facilities zoning districts. Jim Stendebach, Planning Director made the staff presentation. In August 2004, City Council replaced the Public Facilities district with the three new districts. At that time, staff did not identify all the Public Facilities cross-references. These amendments to the zoning ordinance will replace the references to the former Public Facilities district with new references-to the appropriate PF-1, PF-2, or PF-3 districts. 162 JUNE 23, 2005 Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.A.3. Consider public testimony concerning proposed amendments to Chapter 11 Zoning, and Chapter 4, Business Regulations Code of Ordinances to include revised provisions concerning the geographical placement and design standards pertaining to wireless transmission facilities within the City of Round Rock Jim Stendebach, Planning • Director made the staff presentation. During the 2002 revision of the Zoning Ordinance, it became apparent that the regulations concerning Wireless Transmission Facilities (WTF's) were insufficient to address the modern complexities of the wireless industry and that additional research was required prior to establishing new standards. Rather-than delay the adoption of the new Zoning Ordinance, the decision at the time was to simply carry over the existing regulations and then revisit the issue later when additional research could be conducted. Staff completed that research, including extensive discussions with industry representatives and designed regulations and standards that will provide for the ever- increasing demand for wireless services while at the same time ensuring that additional wireless infrastructure does not compromise the City's character and aesthetic appeal. Since staff was adding detailed regulations, including application processes for the different types of WTF's, the City Attorney recommended transferring the regulations for WTF's from Chapter 11 (Zoning) in the,Code of Ordinances to Chapter 4 (Business Regulations). Because of the ever-evolving nature of the wireless industry and the level of detail that will be provided to address this industry, it now qualifies for a special section within Chapter 4. While the new regulations will no longer be located in Chapter 11, they will still impact the permitted uses within certain zoning districts listed in Chapter 11. ,The proposed ordinance will have the following effects: 1. It will modify and add to the existing WTF regulations currently in the Code. 2. It will move those regulations from Chapter 11 in the Code to Chapter 4. 3. It will modify the "Permitted Uses" tables of effected zoning districts in Chapter 11. The proposed changes to the City's WTF regulations were presented to the City Council on May 26th and to the Planning and Zoning Commission on June 1St. The Planning and Zoning Commission recommended approval of the proposed changes.with the condition that, in residential zones, Self-Enclosed Monopoles and Attached WTF's be limited to the following • non-residential sites: schools, churches, fire stations and utility infrastructure. These changes were incorporated into the proposed ordinance. Mayor Maxwell opened the public hearing. Vincent Heubinger, Verizon Wireless expressed his support of the ordinance. Alyse Drebel, T-Mobile expressed her support of the ordinance. There being no further testimony, the public hearing was closed. W", lbs JUNE 23, 2005 10.A.4. Consider public testimony concerning granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located in the city limits of Round Rock. Jim Stendebach, Planning Director made the staff presentation. The partial tax exemption program was created in 1988 to encourage owners of historic properties to use money saved on taxes to provide regular maintenance and/or repair to their structures. The overall benefit to Round Rock is the long-term preservation of the city's historic resources. Under the program, property owners receive a 75% exemption on city property taxes. The program does not exempt county or school district taxes. On May 17, 2005, the Historic Preservation Commission recommended the approval of partial tax exemptions for 57 properties. All applications met the criteria for preservation and maintenance according to Section 11.316(7) of the City of Round Rock Zoning Ordinance. The City will forego $46,335 in municipal property tax revenue due to the partial tax exemption program. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.A.5. Consider public testimony concerning the CDBG Second Program Year Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The City must submit an Action Plan annually as an element of the Consolidated Plan that outlines activities the City plans to carry out during the coming Program year to support the specific objectives identified in the strategic plan (2004-2009 Consolidated Plan). The citizen participation plan requires that not less than a 30-day comment period be provided to receive comments prior to adoption of the Action Plan by the Mayor and City Council. The 30 day comment period began June 1, 2005. This is the second of two scheduled public hearings. The Community Development Advisory Commission held the first hearing on June 2, 2005. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. • *12.A. Consider approval of the City Council minutes for May 26, 2005 and June 9, 2005. *13.A.1. Consider an ordinance amending Chapter 5, Sections 5.601 and 5.603 of the Round Rock Code of Ordinances regarding the prohibition of fireworks. (Second Reading) 164 JUNE 23, 2005 *13.D.1. Consider an ordinance amending Chapter 9 Section 9 1816 Code of Ordinances (1995 Edition) prohibiting the parking of vehicles on a portion of Park Valley Drive. (Second Reading) *13.D.2. Consider an ordinance amending Chapter 9 Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Sandy Brook Drive as a school speed zone. (Second Reading) • *14.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Water Meter Boxes with MS Techline Pipe, L.L.P. *14.F.2. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of A/C Filters and Service from Star Air, Inc. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. APPROVAL OF MINUTES: 12.A. Consider approval of the City Council minutes for May 26, 2005 and June 9, 2005. This item was approved under the consent agenda. ORDINANCES: *13.A.1. Consider an ordinance amending Chapter 5, Sections 5.601 and 5.603 of the Round Rock Code of Ordinances regarding the prohibition of fireworks. (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 5, SECTIONS 5.601 AND 5.603 REGARDING FIREWORKS AND ADDING SECTION 5.607 REGARDING A DEFENSE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 13.B.1. Consider an ordinance amending Chapter 1, Section 1.1002.1 of the Code of Ordinances (1995 Edition) regarding firefighter civil service classifications and number of positions. (First Reading) Larry Hodge, Fire Chief made the staff presentation. Chapter • 143. Municipal Civil Service, Texas Local Government Code, Subchapter B. Classification and Appointment, §143.021. Classification; Examination Requirement states in part that "The municipality's governing body shall establish the classifications of all fire fighters by ordinance. The governing body by ordinance shall prescribe the number of positions in each classification." This ordinance does not change the authorized number of sworn positions in the Round Rock Fire.Department. It will add a Battalion Chief and reduce the number of Lieutenants by one. } 165 JUNE 23, 2005 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, BY ADDING SUBSECTION (3) TO 1.1002.1 DEALING WITH FIREFIGHTER CIVIL SERVICE CLASSIFICATIONS AND NUMBERS OF POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember • Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas Mayor Pro-tem McGraw was out of the room when the vote was taken. 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: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Councilmember Salinas Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance amending Chapter 11, Zoning, Code of Ordinances (1995 Edition) to amend provisions related to temporary use permits, temporary buildings and outdoor storage. (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 11.305, 11.425 AND 11.505, CODE OF .ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE TEMPORARY USE PERMIT REQUIREMENTS TO ALLOW FOR THE ISSUANCE OF TEMPORARY USE PERMITS FOR TEMPORARY BUILDINGS AND TEMPORARY OUTDOOR STORAGE DURING EXPANSIONS, REMODELING OR RECONSTRUCTION; TO PERMIT TEMPORARY BUILDINGS AND TEMPORARY OUTDOOR STORAGE USES DURING EXPANSIONS, REMODELING OR RECONSTRUCTION; TO AMEND SCREENING REQUIREMENTS FOR OUTDOOR STORAGE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 166 JUNE 23, 2005 MOTION: Councilmember Coe 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell • Nays: None Absent: Councilmember Salinas Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance amending Chapter 11, Zoning Code of Ordinances (1995 Edition) to amend provisions related to the public facilities zoning districts. (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 11.401, 11.415.2, 11.423, 11.502 AND 11.505, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO REFERENCE THE APPROPRIATE PUBLIC FACILITY DISTRICT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember;Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None. Absent: Councilmember Salinas Mayor Pro-tem McGraw was out of the room when the vote was taken. 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilrhember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas • Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 13.C.3. Consider an ordinance amending Chapter 11, Zoning, Code of Ordinances (1995 Edition) to include revised provisions concerning the geographical placement and design standards pertaining to wireless transmission facilities within the City of Round Rock. (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. '$s 167 JUNE 23, 2005 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.403, 11.404, 11.405, 11.405-1, 11.406, 11.407, 11.408, 11.409, 11.410, 11.411, 11.412, 11.413, 11.414, 11.415, 11.415.1, 11.415.2, 11.416, 11.418, 11.423, 11.426, 11.502, 11.802 AND APPENDIX A, CODE OF ORDINANCES (1995 EDITION),. CITY OF ROUND ROCK, TEXAS, TO DELETE CONDITIONS FOR WIRELESS TRANSMISSION FACILITIES; TO AMEND HEIGHT AND PLACEMENT REQUIREMENTS; TO DELETE THE DEFINITIONS OF "COLLOCATION," "WIRELESS TRANSMISSION FACILITY, ATTACHED," "WIRELESS TRANSMISSION FACILITY, SELF-STANDING," AND "WIRELESS TRANSMISSION FACILITY, STEALTH;" AND PROVIDING • FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem 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 Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.4. Consider an ordinance amending Chapter 4, Business Regulations, Code of Ordinances (1995 Edition) to include revised provisions concerning the geographical placement and design standards pertaining to wireless transmission facilities within the City of Round Rock. (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4, ADDING SECTION 4.700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROVIDE GENERAL STANDARDS AND PLACEMENT REQUIREMENTS FOR WIRELESS TRANSMISSION FACILITIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDrINANCES AND RESOLUTIONS. • MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 168 JUNE 23, 2005 MOTION: Councilmember Coe 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 McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode . • Councilmember Coe Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.5. Consider an ordinance amending Chapter 8, Section 8.113 Code of Ordinances (1995 Edition) regarding subdivision requirements that result in undue hardship for certain non-recorded subdivisions: (First Reading) Jim Stendebach, Planning Director made the staff presentation. This ordinance will modify text in Chapter 8, Section 8.113, of the Subdivision Ordinance to allow certain tracts of land to be designated for alternative subdivision standards as "non-recorded" subdivisions. Currently there are a number of existing tracts of land within the city limits and within the City's extraterritorial jurisdiction that have been subdivided into separate parcels by either a metes and bounds description or lots that were never recorded at the Williamson County Courthouse. It is the City's desire to provide both utility improvements and road improvements to these subdivisions. • However, in order to provide these services the subdivisions must be platted. The proposed resolution will allow the subdivisions to be platted "as is" without the undue hardship of complying with requirements of the Subdivision Ordinance that would necessitate considerable redevelopment of these already developed subdivisions. The subject tracts of land are built-out subdivisions with right-of-way infrastructure already in place. The subject tracts are not served with municipal utilities and the current rights-of-way do not comply with existing standards. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 8, SECTION 8.113 REGARDING NON-RECORDED SUBDIVISIONS; AND PROVIDING TOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 169 ]UNE 23, 2005 MOTION: Councilmember Coe 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode • Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously 13.C.6. Consider an ordinance granting a partial exemption from ad valorem taxes for certain qualified historically significant properties located in the city limits of Round Rock. (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A'SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Coe seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt 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 McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas • ACTION: The motion carried unanimously. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmember present and addressed the following item. 14.G.2. Consider a resolution authorizing the Mayor to execute a Second Amendment to the Development Agreement with NNP-Teravista, L.P. and ANC-Round Rock Assets II, L.P. Jim Stendebach, Planning Director made the staff presentation. This agreement will modify the existing development agreement to reflect changes required due to the sale of 18.077 acres to Scott & White Memorial Hospital and Scott, Sherwood and 170 JUNE 23, 2005 Brindley Foundation (Scott & White). The original development agreements between the City and NNP-Teravista, LP require modification to permit the proposed hospital, medical complex and related uses on the 18.077-acre site being sold to Scott & White. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") ,,has previously entered into a Development Agreement ("Agreement") with NNP-Teravista, L.P. ("Developer") regarding the Teravista Project ("Project"), and • WHEREAS, a portion of the Project has been acquired by ANC-Round Rock Assets II, L.P. ("ANC'), and WHEREAS, Developer and ANC have entered into a contract for the sale of a portion of the Project known as the Round Rock Premium Outlets Project and amended the Agreement by First Amendment to Development Agreement, and WHEREAS, Developer has entered into a contract to sell a portion of the project containing 18.077 ares of land to Scott & White Memorial Hospital and Scott, Sherwood and Brindley Foundation ("Scott &White"), and WHEREAS, the City and Developer now desire to amend the Agreement to reflect the sale to Scott & White, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Second Amendment to Development 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 23rd day of June, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 13.C.7. Consider an ordinance annexing 18.077 acres out of the Ephraim Evans Survey. (Scott and White tract) (300 Chandler Road) (Second Reading) Jim Stendebach, Planning Director made the staff presentation. This 18-acre tract is currently undeveloped outside the city limits. Scott & White is requested annexation of this tract so it can be served by the City and have the same zoning as the 49 acres Scott & White already currently owns. Scott & White currently owns approximately 99 acres of land at the northeast corner of IH-35 and Chandler Road. The property is zoned PUD No. 37, which • was adopted in 1999 to accommodate a proposed hospital and other medical-related uses. Since the adoption of that PUD, Scott &White has adjusted their plans and is no longer committed to the development envisioned. One of the primary changes in the development plan for Scott & White is the location. At this time, Scott & White intends to sell the western half of the PUD property (roughly 50 acres) to a developer (Chandler/I-35 Retail, Ltd.) for a retail shopping center. Scott &White will then use the remaining eastern half of the property (roughly 49 acres) for their hospital. In order to accommodate the type of medical �> 171 JUNE 23, 2005 complex they intend to build, Scott & White will acquire an additional 18 acres from Newland Communities (the developer of Teravista) to join with the 49 acres they already own. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 18.077 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, 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 Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 13.C.8. Consider'an ordinance to adopt original zoning of District PF-3 (Public • Facility-High Intensity) on 18.077 acres of land. (300 Chandler Road) (First Reading) Jim Stendebach, Planning Director made staff presentation. Scott &White currently owns approximately 49 acres of land south of the subject property. That property is currently zoned PF-3 (Public Facilities-High Intensity) District. They are acquiring an additional 18.077 acres to expand the hospital site. The adoption of PF-3 (Public Facilities-High Intensity) District original zoning will match the zoning on the abutting tract. On March 16, 2005, the Planning and Zoning Commission rendered a favorable recommendation to zone the property PF-3 (Public Facilities-High Intensity) upon annexation. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 18.077 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,,, IN ROUND ROCK, WILLIQMSON COUNTY, TEXAS, AS DISTRICT PF-3 (PUBLIC FACILITY-HIGH INTENSITY). • MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Coe seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 172 JUNE 23, 2005 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried' unanimously. *13.D.1. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances (1995 Edition) prohibiting the parking of vehicles on a portion of Park Valley Drive. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF PARK VALLEY DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.D.2. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Sandy Brook Drive as a school speed zone. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. S AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF SANDY BROOK DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A. SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *14.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Water Meter Boxes with MS Techline Pipe L.L.P. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water meter boxes, and WHEREAS, MS Techline Pipe, LLP has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of MS Techline Pipe, 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 Purchase of Water Meter Boxes with MS Techline Pipe, LLP, 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 23rd day of;June, 2005. 14.A.2. Consider a resolution approving the Semiannual Capital Improvements Plan Progress Report. Tom Clark, Director of Utilities made the staff presentation. The Local Government Code Section 395.058 requires the Capital Improvements Advisory Committee f r ilii _ 173 JUNE 23, 2005 to report t the political p o p t cal subdivision (City Council) the progress of the capital-improvements plan and any perceived inequities in implementing the plan or imposing the impact fee. The local government code also requires the Advisory Committee to advise the City Council of the need to update the land use assumptions, capital improvements plan, and impact fees. Growth is continuing at a pace as was assumed in the Water and Wastewater Impact Fee • Report, the capital improvements plan is proceeding on schedule and there are no inequities in implementing the plan or imposing the impact fee. The Committee met on June 1, 2005 to review the Semiannual Capital Improvements Plan Progress Report.Growth is continuing at a pace as was assumed in the Water and Wastewater Impact Fee Report, the capital improvements plan is proceeding on schedule and there are no inequities in implementing the plan or imposing the impact fee. The committee recommended that no action be taken at this time. RESOLUTION NO. WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on June 1, 2005 to review the Semiannual Capital Improvements Plan Progress Report ("Report"), and WHEREAS, the Committee finds that the capital improvements plan is proceeding on schedule and that there are no inequities in implementing the plan, and the Committee • recommends no action be taken at this time, and WHEREAS, the City Council wishes to accept the findings of the Committee and approve the Report, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock hereby approves the Capital Improvements Plan Progress Semiannual Report, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes, and %„ The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.A.3. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 2 to the Contract for Engineering Services with K. Friese &Associates, Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I. Tom Clark, Director of Utilities made the staff presentation. K. Friese is currently under contract for the McNutt Creek Wastewater Interceptor. In addition to the original scope, alternate routes needed to be 174 JUNE 230 2005 evaluated on the Gordon Tract and along Highway 79, which resulted in the realignment of the wastewater pipeline. Additionally, in order to coordinate construction of the commercial development, staff is proposing to fast track the pipeline construction along Highway 79. Meetings with developers along the frontage of Highway 79 indicated that commercial construction along the proposed McNutt Creek Interceptor alignment will occur between July 2005 and February 2006. These investigations and further coordination with landowners has • resulted in adjusting the alignment on the Gordon Tract to the west, extension of the project to the north side of the McNutt Creek, and additional trenchless installation along the frontage of Highway 79. This supplemental agreement includes the work performed for the additional route analysis, engineering, survey, environmental, and geotechnical work required for the alignment and construction method revisions. The portion of the McNutt Creek Interceptor along Highway 79 will be fast tracked and bid separately. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with K. Friese & Associates,. Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I, and WHEREAS, K. Friese &Associates, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 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 • Supplemental Agreement No. 2 to the Agreement with K. Friese & 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 23rd day of June, 2005. MOTION: Mayor Pro-tem McGraw moved.to approve the resolution. Councilmember Honeycutt seconded the motion. ' VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember.Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.B.1. Consider a resolution adopting the City of Round Rock Access Management Plan for State Highways. Thomas G. Martin, P.E., Director of Transportation Services made • the staff presentation. In conjunction with legislation from the Legislative Session in 2003, the State Transportation Code was revised to allow municipalities to be responsible for the permitting of access control within their boundaries, providing the municipality had developed an. Access Control Manual consistent with the State's policies. In the interim, TxDOT has reviewed and approved the City's Access Management Plan for State Highways. With the adoption of this resolution, coupled with the previous acceptance of the City of ;.; 17 ]UNE 23, 2005 Round Rock's Access Management.Plan for State Highways by TxDOT, the City will issue ,permits for driveways on State Highways in conjunction with our development process effective July 1, 2005. RESOLUTION NO. WHEREAS, pursuant to Senate Bill 361, adopted in September 2003, the Texas Transportation Code was amended to allow municipalities to assume responsibility for • issuing permits for access connections to state highways within the municipality's jurisdiction, and WHEREAS, the City of Round Rock wishes to formally adopt an Access Management Plan for State Highways regarding the issuance of permits for driveways on state highways in conjunction with the City's development process effective July 1, 2005, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Access Management Plan for State Highways, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe 40Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.C.1. Consider a resolution authorizing the Mayor to execute an agreement with Vision Internet. Inc. for web design services. Will Hampton, Communications Director made the staff presentation. The City's website has never been professionally designed and engineered, and lacks basic interactive features, and an integrated content management system. The site also needs to be Section 508 compliant (federal disabilities compliance). The City's website is a vital link between the City and its customers, and is a significant element for the branding efforts for economic development. An online survey was conducted of the City's web users last year, and 230 responses were received. Website issues were discussed and input was received from the Mayors' (Homeowners and Neighborhoods Association's) President's Roundtable last month. The cost of the service is $79,180. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for web design services, and WHEREAS, Vision Internet Providers, Inc. has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Vision Internet Providers, 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 Professional Consulting Services with Vision Internet Providers, 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 l6 JUNE 23, 2005 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 23rd day of June 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.D.1. Consider a resolution authorizing the Mavor to execute a Subrecipient Agreement with the Governor's Division of Emergency Management for an Emergency Management Performance Grant. Larry Hodge, Fire Chief made the staff presentation. This Grant partially funds salaries for the Emergency Management Coordinator and the Assistant Emergency Management Coordinator. Staff recommended approval of this Grant application so that the City may receive additional funding to help defray budgeted salaries for the two positions. The funding request reflected 25% of the total salaries and benefits for the Emergency Management Coordinator and Assistant Coordinator, and was in the amount of • $43,204.00. The Texas Division of Emergency Management has awarded the City of Round Rock a Grant for $31,982.00 for FY 2005. Staff recommended the Mayor accept this Grant. Participation.in the Emergency Management Performance Grant also requires that the City perform those functions deemed essential by the Governor's Division of Emergency Management for the upcoming fiscal year. RESOLUTION NO. WHEREAS, the Governor's Division of Emergency Management, Texas Department of Public Safety has made grant funds available to the City of Round Rock through the 2005 Emergency Management Performance,Grant Program, and WHEREAS, the City Council wishes to accept said grant funds to partially fund two Emergency Management Coordinator positions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Notice of Subrecipient Grant Award, 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 wasopen to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. MOTION: Councilmember Rhode moved to approve the. resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode . Councilmember Coe 1 • JUNE 23, 2005 Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.E.1. Consider a resolution reiecting all bids received for the Brushy Creek Trail East Proiect. This item was withdrawn from the agenda at the request of staff. 14.E.2. Consider a resolution authorizing the Mayor to execute an Agreement with • Maurine B. Freeman, the Estate of Marvin H. Freeman, and the Freeman Family Trust for the Brushy Creek Trail East Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. This perpetual easement is necessary to construct the Brushy Creek East Trail Project and maintain it after construction. Although it is perpetual in nature, it is only needed until the property designated as future parkland is deeded to the City. The Freeman Tract is the only portion of the trail corridor that is not owned by the City. The Brushy Creek East Trail Project includes approximately 2 1/4 miles of hike and bike trail with associated amenities, including several bridges, pavilions, a playground, and various site amenities. The trail will run from East to West along the South bank of Brushy Creek from Red Bud Lane to the Sonoma Subdivision. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an Easement Agreement with Maurine B. Freeman, the Estate of Marvin H. Freeman, and the Freeman Family Trust • ("Freeman's") for a construction and maintenance easement through property owned by the Freemans for the Brushy Creek Trail East Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Easement Agreement with Maurine B. Freeman, the Estate of Marvin H. Freeman, and the Freeman Family Trust, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all_ times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to "Standard Form of Agreement between Owner and Architect with Standard Form of Architect's Services" and "Supplemental Agreement No. 1" with Croslin and Associates, a division of PBS&J for the redesign of Fire Station No. 2. Larry Madsen, Construction Manager made the staff presentation. The plan is to build a station at the West 178 JUNE 23, 2005 Bagdad Site in the South West Downtown Area of Round Rock. This Supplemental Contract No. 2 is for the redesign and construction drawing documents for the Fire Station #2 at 206 West Bagdad Street. Construction plans were completed for Fire Station No. 2 in May 2004. The bidding and construction of the plans were put on hold until a study of the overall locations of needed Fire Stations could be completed. During this study, a right sizing of room sizes and apparatus bays was also completed by the Fire Department. The overall plan will be scaled back 2,500 square feet from the original plan and the elevator was eliminated. The cost of the supplemental agreement is $54,104.84. 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 Croslin and Associates, Inc., a division of PBS&J ("Croslin") for the redesign of Fire Station No. 2, and WHEREAS, Croslin 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 Croslin, Now Therefore BE IT RESOLVED BY 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 Croslin and Associates, Inc., a division of PBS&J, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all. purposes. The City Council hereby finds and declares_ that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that . such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 23rd day of June, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. *14.F.2. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of A/C Filters and Service from Star Air,-Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of • A/C filters and service, and WHEREAS, Star Air, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Star Air, 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 A/C filters and service with Star Air, 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. 179 )UNE 23, 2005 RESOLVED this 23rd day of June, 2005.- 14.G.1. Consider a resolution authorizing modifications to Chapter 8 Section 8.113 Code of Ordinances (1995 Edition) regarding subdivision requirements that result in undue hardship for certain non-recorded subdivisions. Jim Stendebach, Planning Director made the staff presentation. Currently there are a number of existing tracts of land within the city • limits and within the City's extraterritorial jurisdiction that have been subdivided into separate parcels by either a metes and bounds description or lots that were never recorded at the Williamson County Courthouse. It is the City's desire to provide both utility improvements and road improvements to these subdivisions. However, in order to provide these services the subdivisions must be platted. This resolution will allow the subdivisions to be platted "as is" without the undue hardship of complying with requirements of the Subdivision Ordinance that would necessitate considerable redevelopment of these already developed subdivisions. The resolution specifically identifies the existing subdivisions. The tracts are built-out subdivisions with right-of-way infrastructure already in place. They are not served with municipal utilities and the current rights-of-way are not in compliance with existing standards. RESOLUTION NO. • WHEREAS, pursuant to Chapter 8, Section 8.113 of the Code of Ordinances of the City of Round Rock, Texas ("City"), the City Council has determined that strict compliance to the subdivision requirements under Chapter 8 may result in undue hardship for certain non- recorded subdivisions within the City limits and within the City's extraterritorial jurisdiction, and WHEREAS, Chapter 8, Section 8.113(2) states that modifications from the requirements of Chapter 8 shall be granted only if'the City Council makes certain findings as listed below, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the real properties listed in Exhibit "A", attached hereto and incorporated herein, are recognized as Non-Recorded Subdivisions pursuant to Chapter 8, Section 8.113 of the Code of Ordinances, City of Round Rock, Texas, and That the City Council makes the following findings for the real properties described in Exhibit"A"; 1. There are extraordinary or special conditions affecting each tract of land such that the strict application of the provisions of Chapter 8 would cause undue hardship; and 2. The modification from the requirements of Chapter 8 is necessary for the preservation and application of substantial property rights; and 3. The granting of modifications from the .requirements of Chapter 8 will not be detrimental to the public health, safety or welfare, injurious to other property in the area or to the City; and 4. The conditions affecting the real properties described in Exhibit "A" do not- generally apply to other tracts of land in the vicinity; and 5. The conditions affecting the real properties described in Exhibit "A" are not • the result of the actions of the current owners of said real properties; and 6. The modifications from the requirements of Chapter 8 will not substantially conflict with the General Plan and the purposes of Chapter 8. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting- was open to the public as required by law at all times during which .this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. 180 JUNE 23, 2005 VOTE: Ayes: Councilrriember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 14.G.Z. Consider a resolution authorizing the Mayor to execute a Second • Amendment to the Development Agreement with NNP-Teravista, L.P. and ANC-Round Rock Assets II, L.P. This item was addressed earlier in the meeting. 14.G.3. Consider a resolution consenting to the addition of 6.547 acres into the Williamson County MUD No. 10.' Jim, Stendebach, Planning Director made the staff. presentation. The 6.547 acres lies immediately east of the 49 acres Scott and White tract at the NW corner. of Sunrise Road and Chandler Road. Council approved the First Amendment to the Development Agreement with NNP-Teravista L.P. and ANC-Round Rock Assets II, L.P. on May 26, 2005. This amendment included a provision that the City consents to the annexation of 6.547 acres into Williamson County MUD #10. RESOLUTION NO. A RESOLUTION CONSENTING TO THE ADDITION OF 6.547 ACRES OF LAND TO WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10 FOR INCLUSION IN SAID DISTRICT. • WHEREAS, attached to this resolution and madea part hereof is a petition requesting the-consent of the City of Round Rock, Texas, to the annexation of 6.547 acres of land into the Williamson County Municipal Utility District No. 10, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Petition for Consent to Annex Land into Williamson County Municipal District No. 10, attached hereto as Exhibit "A" and incorporated herein, is hereby granted, and the City consents to the annexation of the property described in said petition into the Williamson County Municipal Utility District No. 10. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe • Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. COUNCIL COMMENTS: The Council welcomed Councilmember Honeycutt. EXECUTIVE SESSION: 16.A. Consider Executive Session as authorized by 5551.072 Government Code to consider the acquisition of real property for the future police station to wit: approximately 75 acres located at 601 Jeffrey Way, Round Rock, Texas. The Council recessed to the 181 JUNE 23, 2005 Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 10:00 p.m. and adjourned the Executive Session at 10:50 p.m. ACTION ON EXECUTIVE SESSION: 17.A. Consider authorizing the City Manager to proceed with negotiations for the acquisition of real property for the future police station to wit: approximately 75 acres • located at 601 Jeffrey Way, Round Rock, Texas. MOTION: Councilmember Coe moved that the City Manager proceed as discussed in Executive Session. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Coe Mayor Maxwell Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 10:53 p.m. Resp ctfully Submitted, C ristine R. Martinez, City Secretary • a 182 JULY 14, 2005 The Round Rock City Council met in Regular Session on Thursday, July 14, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem McGraw chaired the meeting in the absence of Mayor Maxwell. PLEDGE OF ALLEGIANCE: Mayor Pro-tem McGraw led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Mayor Nyle Maxwell was absent and Councilmember Gary Coe had announced his resignation from his place on the Council prior to this meeting. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Councilmember Gary Coe explained that his decision to resign from the Council was due to his decision of being a candidate for Williamson County Commissioner Precinct No. 4. Tom Clark, Utility Director announced that Terrell Wilkey, Water Utilities Analyst received the Ken Miller Water for People Founder's Award from the Texas Section of the American Water Works Association for the work he did to'encourage the City of Round Rock to raise money for the organization,Water for People. This award honors outstanding volunteer service to Water for People's humanitarian efforts. The City raised more than $8,800 for Water for People, which is a non-profit organization formed by the American Water Works Association to help provide safe drinking water to people in developing nations. The American Water Works Association plans to use Round Rock as a model for other cities to get involved in Water for People's efforts. Mr. Wilkey added that money was raised through many people and the efforts of the Water People team, Don Rundell, David Fults, Ronnie Jean, Cindy Maldonado Fronk, Michael Thane, Jeff Bell, Bonnie Cordova, Chris Spencer, Jacquelyn Smith, Donnie Kaderka, Greg Pate and Joe Bingham and especially, Jim Nuse, Tom Word and Tom Clark. Roger Heaney, Director of Public Affairs with Time Warner Cable, reported that Time :Warner will bring Movies in the Park to Old Settlers Park on July 15, The Goonies, July 22, Raiders of the Lost Ark, and August 5 Wizard of Oz. He invited everyone to come to the park and enjoy these free family events. Mayor Pro-tem McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. 12.A. Consider the appointment of Sandra Fitzpatrick as a part-time associate municipal iudge. Municipal Judge Dan McNery made the staff presentation. The position for a part-time associate judge was posted by the.Human Resources Department on March 21, 2005. The City received 11 resumes for this position. Interviews were conducted with 183 JULY 14, 2005 seven candidates by a panel of Municipal Court employees. A second interview was conducted by the panel and included David Kautz, Assistant City Manager. A thorough review of Ms. Fitzpatrick's credentials and references was conducted and the Human. Resources Department completed a full background check as well. Ms. Fitzpatrick is extremely experienced as a Municipal Court Judge. She will serve as relief to the Presiding Judge and will be working approximately 5 hours per week. This part time position will serve as relief for the Presiding Judge in the event of illness or absence. MOTION: Councilmember Honeycutt moved to appoint Sandra Fitzpatrick as a part- time municipal judge. Councilmember Clifford seconded the motion. VOTE: Ayes: Honeycutt Councilmember Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 12.8. Consider the confirmation of the City Manager's appointment of Jeff Seiler to the Civil Service Commission. MOTION: Councilmember Honeycutt moved to accept the City Manager's • appointment of Jeff Seiler to the Civil Service Commission. Councilmember Rhode seconded the motion. VOTE: Ayes: Honeycutt Councilmember Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. PROCLAMATIONS: S.A. Consider a proclamation proclaiming August 2, 2005 as the 22"d Annual National Night Out in the City of Round Rock. Mayor Pro-tem McGraw read the following proclamation and presented it to Sgt. David Pierce of the Police Department. WHEREAS, the Round Rock Police Department and National Association-of Town Watch (NATW) is sponsoring a unique, nationwide crime and drug prevention program on August 2, 2005, called "National Night Out"; and • WHEREAS, the 22nd Annual National Night Out provides a unique opportunity for Round Rock to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention and quality-of-life efforts; and WHEREAS, Citizens of Round Rock play a vital role in assisting the Police Department through joint crime and drug prevention efforts in Round Rock; and WHEREAS, it is essential that all citizens of Round Rock be aware of the importance of crime prevention programs and impact their participation can have on reducing crime, drugs and violence in Round Rock; and WHEREAS, police-community partnerships.and neighborhood safety and awareness and cooperation are important themes of the National Night Out program, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim August 2, 2005, as the 22nd Annual National Night Out in the City of Round Rock, Texas, and urge all citizens to join with me in supporting this important night. PROCLAIMED this 14th day of July 2005. 18: 4 JULY 14, 2005 PRESENTATIONS: 6.A.1. Consider a presentation regarding amendments to the General Plan related to modifications to the future Land Use Map with regard to the IH-35 corridor. Jim Stendebach, Planning Director made the staff presentation. This is the first phase in a General Plan update for the northeast quadrant of the City. Staff is currently in the process of updating the City's General Plan as it relates to the northeast quadrant of the City. • However, because of the rapid rate of development in the northeast, this update is being re- shaped even as it is being written. In order to keep pace with the new developments and to more accurately reflect the nature of development in the northeast, staff divided the General Plan update into phases. The first phase addresses the IH-35 corridor and recommends modifications to the Future Land Use Map contained in the General Plan. The Planning and Zoning Commission will address and make recommendations regarding the proposed modifications at their July 13th meeting, and staff will formally present this first phase of the General Plan update.for adoption by the City Council on August 11, 2005. A public hearing on the amendments will be held at the July 13, 2005 Planning and Zoning Commission meeting. PUBLIC HEARINGS: 7.A.1. Consider public testimony regarding an application filed by Tom E. Nelson, Jr. • to amend the uses in District PUD No. 23 (Planned Unit Development) which consists of 54.05 acres of land. Jim Stendebach, Planning Director made the staff presentation. PUD 23 was established in 1995 as a 375-acre development comprised of Business Park along FM 1431 and single-family residential uses. The PUD was amended in 2000 and again in 2001 primarily to allow more single-family uses. In 2002, 90 acres of the PUD were rezoned to SF-2 (Single-Family Standard Lot). In 2004, a little over 7 acres was rezoned to PF-3 for the Westside Church of Christ. On June 1, 2005, the Planning and Zoning Commission rendered a favorable recommendation to amend the PUD as proposed. The proposed amendments will divide Parcel 4 into five individual development parcels. Parcel 4a will -be used for model homes and will be regulated by the exact same standards as SF-2 (Single-Family.Standard Lot). Parcel 4b will be used for townhouse development and will be regulated by the City's TH (Townhouse) standards. Parcel 4c will be used for commercial purposes and will be regulated by the City's C-2 (Local Commercial) standards with some • exceptions to use and size to allow for more intense commercial development, which will still be less permissive than the City's C-1 (General Commercial) zoning district. Parcel 4d will be used for less intense commercial purposes and will be regulated by the City's C-2 (Local Commercial) standards with a single exception for large daycare facilities. Parcel 4e will be used for either townhouse or office uses and will be regulated by the City's TH (Townhouse) and OF (Office) districts, as applicable. In addition to these use regulations, 185 JULY 14, 2005 the PUD amendment attaches certain design standards to the commercial and office developments, requiring 100% masonry to match the stonework in the Mayfield Ranch residential development. Signs along FM 1431 and Mayfield Ranch Boulevard will be p 9 9 Y monument signs constructed of similar masonry to that used in the Mayfield Ranch development. Driveway access is also limited by the TIA associated with the PUD and the approximate locations of the driveways are depicted on the Mayfield Ranch Enclave Parcel Map. Because the proposed uses are more compatible with the residential development nearby and more appropriate for this location, staff recommended approval. Mayor Pro-tem McGraw opened the public hearing. Judy Rust, 3500 Rock Shelf, Stone Oak Subdivision inquired on the number of townhomes that were being proposed and how many.were two'story townhomes. Mr. Stendebach responded that the town home tract is approximately 26 acres and there are 12 townhomes to the acre and all the townhomes are two stories. 7..6.1. Consider a public hearing regarding amending Chapter 1, of the Code of Ordinances (1995 Edition) to re-adopt Section 1.1700.1, After-School Recreation Program Standards of Care. Rick Atkins, Parks and Recreation Department Director made the staff presentation. The ordinance for the PARD After-School Recreation Program Standards of Care was adopted in January 2004 and will expire on July 31, 2005. The Standards of Care need to be re-adopted on an annual basis in order to exempt the PARD After-School P P Recreation Program form State child-care licensing requirements. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *9.A. Consider approval of the City Council minutes for June 21, 2005 and June 23, 2005. *10.D.1. Consider an ordinance authorizing the placement of stop signs at the intersection of Dell Way and the Dell Computer Parking Lot Entrance. (First Reading) *10.D.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from South Mays to a point 0.366 miles west of Greenlawn Boulevard. (First Reading) *11.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with H. Deck Construction Company for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins. 186 ]ULY 14, 2005 MOTION: Councilmember Clifford moved to approve all the items on the consent agenda. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell • ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for June 21, 2005 and June 23, 2005. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 1.14 acre parcel of land for the proposed Red Bud Lane (CR 122) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Holder Tract) (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 Red Bud Lane (CR 122) road improvement project and City.of Round Rock park facilities 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 1.14 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE RED BUD LANE (CR 122) ROAD IMPROVEMENT PROJECT AND FOR CITY OF ROUND ROCK PARK FACILITIES, 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 Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell • ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None JULY 14, 2005 Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance Amending Chapter 1, of the Code of Ordinances (1995 Edition) to re-adopt Section 1.1700.1, After-School Recreation Program Standards of Care. (First Reading) Rick Atkins, Parks and Recreation Department Director made the staff presentation. The ordinance for the PARD After-School Recreation Program Standards • of Care was adopted in January 2004 and will expire on July 31, 2005. The Standards of Care need.to be re-adopted on an annual basis in order to exempt the PARD After-School Recreation Program form State child-care licensing requirements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, RE-ADOPTING 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 Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously.- MOTION: Councilmember Clifford 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.C.1. Consider an ordinance amending the uses in District PUD No. 23 (Planned Unit Development) which consists of 54.05 acres of land. (First Reading] Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. • ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-95-12-21-10A, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON DECEMBER 21, 1995, BY AMENDING THE AGREEMENT AND DEVELOPMENT PLAN OF PUD NO. 23, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford l88 JULY 14, 2005 Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *10.D.1. Consider an ordinance authorizing the placement of stop signs at the intersection of Dell Way and the Dell Computer Parking Lot Entrance. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF DELL WAY AND A DELL COMPUTER PARKING LOT ENTRANCE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.D.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of • Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from South Mays to a_point 0.366 miles west of Greenlawn Boulevard. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY.OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF DELL WAY; PROVIDING . FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *11.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with H. Deck Construction Company for the Wastewater Collection System Rehabilitation of Three Edwards Aguifer Basins. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of .Round Rock has previously entered into a contract ("Contract") with H. Deck Construction for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 1 to the Contract with H. Deck Construction for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins, 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 189 JULY 14, 2005 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of Jul 2005. . Y, 11.B.1. Consider a resolution authorizing the City Manager to,issue a purchase order for the purchase of a Rescue Apparatus through the Texas Government Statewide Purchasing Cooperative. Larry Hodge, Fire Chief made the staff presentation. Input provided for the Fire Department's Strategic Plan clearly shows the need for smaller rescue apparatus and the ability for our firefighters to use their advanced lifesaving support skills. Rescue 4 will be able to drive the distance to medical incidents in their assigned district in 4 minutes or less in over 80% of"in-city" EMS alarms. In addition, staffed with a Fire Department Paramedic, this crew will be able to perform advanced lifesaving support, (ALS). Another EMS alarm within the same company's district would not have a delay in response time as the remaining Quint 4 in the quarters would be able to take that call. When responding to structure fires these companies of Rescue 4 and Quint 4 would have the equipment and manpower to immediately go into the attack mode. By having Rescue 4 assigned with Quint 4, the wear and tear on the larger apparatus would be greatly reduced by Rescue 4 taking most of the medical and non-emergency calls. RESOLUTIONNO. WHEREAS, the City of Round Rock (`City") desires to purchase a Rescue Apparatus for the Fire Department, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Siddons Fire Apparatus, Inc. is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Siddons Fire Apparatus, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Siddons Fire Apparatus, Inc. for the purchase of a Rescue Apparatus for the Fire Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of July, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tern McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for Provision of Employee Benefit Consulting Services with Holmes Murphy &Associates. Teresa Bledsoe, Human Resources Director made the staff presentation. For the past three 1 9 JULY 14, 2005 and a half years, staff has obtained (with'the approval of the Council) Benefit Consultant services from Advanced Benefits Solutions with Watson Wyatt & Co. During this period, the city has experienced significant increases in medical costs due to medical cost inflation and the city's high utilization of catastrophic claims. With the impact of the overall costs of health insurance and prescription drugs increasing staff became concerned that the agent- of-record did not provide innovative ideas other than suggestions in plan design changes • with the health and RX programs. The information presented by Holmes Murphy and Associates consulting agreement indicates the capabilities, experience and expertise in providing the city with analytical power to improve the performance of the employee benefit program. This agreement formalizes the general focus to make every effort to minimize the cost of the City's employee benefit program without sacrificing the quality of the plan. The agreement will enable staff to: • Take a strategic approach to managing the benefits programs. • Manage benefit cost to projected financial targets. • Improve cost management and employee satisfaction with the benefit programs. • Explore innovative plan options and alternatives to include but not limited to: Co-op purchasing, on-site clinic, RX programs, Wellness programs, Consumer driven plans and fully insured options. • Creative marketing materials for employee communications. The cost of the service is $72,000.00 annually. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services regarding the City's benefit programs, and WHEREAS, Holmes Murphy &Associates has submitted an.Agreement for Provision of Employee Benefit Consulting Services ("Agreement") to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Holmes Murphy &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 an Agreement for Provision of Employee Benefit Consulting Services with Holmes Murphy & Associates regarding the City's benefit programs, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of July, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.D.1. Consider a resolution authorizinci the Mayor to execute a contract with F.T. Woods Construction for the construction of the Brushy Creek Trail East Proiect. Rick Atkins, Parks and Recreation Department Director made the staff presentation. The Brushy Creek 191 JULY 14, 2005 East Trail Project includes approximately 2 1/4 miles of hike and bike trail with associated amenities, including several bridges, a pavilion, a playground, and various site amenities. The trail will run from East to West along the South bank of Brushy Creek from Red Bud Lane to the Sonoma Subdivision. The Brushy Creek Trail East Project was competitively bid in May and June. F.T. Woods Construction was the low bidder. The construction contract is based on a revision of scope that was necessary to get the project under the established budget. The cost of the services is $1,092,200.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Brushy Creek Trail East Project, and WHEREAS, F.T. Woods Construction Services, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of F.T. Woods Construction 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 a contract with F.T. Woods.Construction Services, Inc. for the Brushy Creek Trail East Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required.by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of July, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.E.1. Consider a resolution approving the payment of a claim for the relocation of the personal property of A.T. Masonry as part of the US 79 Project. (Parcel #10, Thomison) Steve Sheets, City Attorney made the staff presentation. The Uniform Act allows the cost of relocating personal property to be recovered as part of the acquisition of right-of-way. Estimates from contractors have been collected and the lowest bid has been recommended for payment. The relocation claims are for Parcel 10 of the US 79 improvements project. RESOLUTION NO. • WHEREAS, the City of Round Rock, is in the process of acquiring 1.051 acres of land from Aaron Thomison through condemnation for the Highway 79 expansion project, and WHEREAS, at the time of this purchase A.T. Masonry (Aaron Thomison) was a tenant legally upon the property to be purchased and the remaining property and was displaced because of this acquisition, and WHEREAS, pursuant to the provisions of the Uniform Act the City of Round Rock has agreed to reimburse A.T. Masonry for certain reasonable and necessary relocation expenses as a result of its displacement because of this acquisition, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor or his designated agent is hereby authorized to approve a negotiated self move request authorizing reimbursement of up to a maximum of $65,000 for reasonable and necessary relocation and moving expenses associated with the moving of the personal property of A.T. Masonry located on property along Highway 79, a copy of which is attached hereto as Exhibit"A". 192 7ULY 14, 2005 BE IT FURTHER RESOLVED That the agreed amount of relocation expenses shall be paid to A.T. Masonry upon its completion of the relocation and vacating of the premises described herein. That any expense incurred by the City of Round Rock in the removal of personal property which Aaron Thomison elects to abandon on the premises shall be deducted from the total amount of reimbursement to be paid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day Yof Jul , 2005: MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw 'Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.F.1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Architect with Standard Form of Architect's Services. and Supplemental Agreement No. 1 with K.A. Hickman Architects & Interior Designers for the design of Fire Station #7. Tom Word, Chief of Public Works Operationsmade the staff presentation. The new fire station provides Fire and EMS coverage that is needed for a rapidly growing northeast section of Round Rock. Request for qualifications were sent out to three local architect firms. KA Hickman Architects was chosen to design Fire Station #7. The contract is in the amount of $122,450 with a reimbursable allowance not to exceed $10,000 for the total of $132,450. This contract will include site evaluation, schematic design, site planning, design development, construction documents, bidding, and construction administration. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design of Fire Station #7, and WHEREAS, K.A. Hickman Architects & Interior Designers 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 K.A. Hickman Architects & Interior Designers, Now Therefore BE IT RESOLVED BY THE 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 K.A. Hickman Architects & Interior Designers for the design of Fire Station #7, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting .at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of July, 2005. 193 ]ULY 14, 2005 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.F.2. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement with the Texas Commission on Environmental Quality in support of an Implementation Plan for the Texas Heavy-Duty Vehicle Idling Rule. Tom Word, Chief of Public Works Operations 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 Heavy-Duty Vehicle Idling) for inclusion in the Austin/Round Rock MSA Clean Air Action Plan. The Austin/Round Rock MSA has prepared a Clean Air Action Plan (CAAP) 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. One of the emission reduction measures that will contribute a reduction in emissions is the Heavy-Duty Vehicle Idling Program. This measure restricts. • engine idling of vehicles with a gross vehicle weight rating of more than 14,000 pounds to five consecutive minutes. Exemptions are allowed for vehicles with gross vehicle weight rating of 14,000 pounds or less; that are forced to remain motionless because of traffic conditions over which the operator has not control; are being used as an emergency or law enforcement vehicle; when the engine operation is providing power for a mechanical operation other than propulsion; when engine operation is providing power for multiple passenger heating or air conditioning; when the engine is being operated for maintenance or diagnostic purposes; or when the engine is being operated to defrost a windshield. 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 has, with other communities in the region, developed and approved the Clean Air Action Plan that consists of numerous state and • locally-implemented measures to improve the area's air quality, and WHEREAS, the City of Round Rock is committed to implement the measures in the Clean Air Action Plan per Early Action Compact requirements, and WHEREAS, the TCEQ has incorporated the Clean Air Action Plan into the State Implementation Plan ("SIP"), making the measures in the Clean Air Action Plan state and federally enforceable, and WHEREAS, one of the measures included in the Clean Air Action Plan and the SIP is the state rule for locally enforced motor vehicle idling limitations, and WHEREAS, implementation of the state rule for locally enforced motor vehicle idling limitations requires local governments to enter into a Memorandum of Agreement (MOA) with TCEQ for local implementation and enforcement of the rule, and WHEREAS, implementation of the state rule for locally enforced motor vehicle idling limitations also requires local governments to submit a detailed implementation plan to TCEQ, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 19 �� JULY 14, 2005 1. The City of Round Rock hereby approves the Memorandum of Agreement and the Implementation Plan for the Texas Heavy-Duty Vehicle Idling Rule, attached hereto as Exhibits "A" and "B", respectively, and incorporated herein for all purposes. 2. The Mayor is hereby authorized and directed to execute on behalf of the City the Memorandum of 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 14th day of July, 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.G.1. Consider a resolution authorizing the Mavor to execute a Reimbursement Agreement with AT&T Corporation for the relocation of utilities for the Forest Creek Drive Project. Tom Martin, Director of Transportation Services made the staff presentation. This agreement will reimburse AT&T Corporation for the work to relocate and adjust the fiber optic cable along Forest Creek Drive. The cable location crosses Forest Creek Drive and is in i conflict with the proposed roadway construction. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement with AT&T Corporation ("AT&T") for the relocation of fiber optic cables owned by AT&T in connection with the Forest Creek Drive 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 said Reimbursement Agreement with AT&T 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 14th day of July, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Nays: Mayor Pro-tem McGraw Absent: Mayor Maxwell ACTION: The motion carried with 4 ayes and 1 nay. 11.G.2. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with MCI Worldcom Network Services. Inc. for the relocation of utilities for the A.W. Grimes Boulevard Proiect. Tom Martin, Director of Transportation Services made the JULY 14, 2005 staff presentation. This agreement will provide reimbursement to MCI WORLDCOM Network Services for relocating and adjusting their fiber optic cable. The cable location is in conflict with the location of A.W. Grimes Boulevard as A.W. Grimes passes under the Union Pacific railroad bridge and over Brushy Creek. RESOLUTION NO. • WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement with MCI Worldcom Network Services, Inc. ("MCI") for the relocation of fiber optic cables owned by MCI in connection with the A.W. Grimes Boulevard 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 said Reimbursement Agreement with MCI Worldcom Network 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 14th day of July, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None • Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.G.3. Consider a resolution authorizing the Mayor to execute a contract with RGM Constructors, L.P. for the construction of A.W Grimes Boulevard Phase II from Lake Creek to US 79. Tom Martin, Director of Transportation Services made the staff presentation. This project is the second Phase of the A. W. Grimes improvements. Phase I constructed a six- lane section from SH 45 to Lake Creek. As part of the second phase, UPRR will reconstruct their bridge over Brushy Creek to accommodate the City's underpass on the Railroad. This project will construct a new Arterial Roadway from Lake Creek to US 79 and complete the Arterial Roadway from SH 45 to US 79. Cost: $ 4, 978,357.76. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the A.W. Grimes Boulevard, Phase II, from Lake Creek to US 79 Project, and WHEREAS, RGM• Constructors, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of RGM Constructors, 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 with RGM Constructors, L.P. for the A.W. Grimes Boulevard, Phase II, from Lake Creek to US 79 Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of July, 2005. 196 JULY 14, 2005 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPOINTMENTS: f 12.A. Consider the appointment of Sandra Fitzpatrick as a part-time associate municipal iudge. This item was addressed earlier in the meeting. 12.6. Consider the confirmation of the City Manager's appointment of Jeff Seiler to the Civil Service Commission. This item was addressed earlier in the meeting. NEW BUSINESS: 13.A.1. Consider a request filed by April Pennington, of 2210 Sedgewick Lane, for a special exception to the Noise Ordinance (Chapter 6, Section 6.203(2)) to allow a band to play from 10:00 p.m. to midnight on July 23, 2005. The item was withdrawn from the agenda at the request of the applicant. COUNCIL COMMENTS: Councilmember Salinas congratulated Josh Elander of Round Rock for being awarded the National Championship Award in the 13-14 year old division of • the Pepsi MLB Pitch, Hit and Run competition. The notable accomplishment at the national finals was that Josh's run time was 6.57 seconds, which broke the previous record time of 6.75 seconds. ADJOURNMENT: There being no further business, the meeting adjourned at 8:27 p.m. n=, d k-Jy , Christine R. Martinez, City Secretary 19 T. JULY 28 2005 The Round Rock City Council met in Regular Session on Thursday, July 28, 2005, 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-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Darin Bayles, 402-A W. Palm Valley, Police Officers Association complimented staff on the proposed budget and market study. He added that Austin is the market they look at for police pay to stay competitive and draw from a good applicant pool. In addition, the budget has drawn concerns but they are willing to wait for options regarding police salaries. Albert Uhrig, 3407 Sandy Koufax, spoke in favor of a pay increase for police officers. PROCLAMATIONS: S.A. Consider a proclamation proclaiming August 2005 as Breastfeeding Month. Mayor Maxwell read the following proclamation and presented it to representatives of • the Williamson County and Cities Health District. WHEREAS, the health of all the people in Williamson County is linked to the health of people throughout the world; and - WHEREAS, the Williamson County & Cities Health District's Women, Infants and Children (WIC) program takes this occasion to educate and inform, to encourage breast- feeding and regular health care for mothers and babies; and WHEREAS, the Williamson County & Cities Health District's WIC mission is focused on improving the nutritional status of low and moderate income women, infants, and children by providing foods and nutrition and breast feeding education; and WHEREAS, the WIC staff of the Williamson County & Cities Health District demonstrates the highest quality of public service in serving over 70,000 families in Williamson County, NOW THERFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the month of August, 2005 as "BREAST FEEDING MONTH" in the City of Round Rock, Texas and urge all citizens to take part in recognizing the successes of healthy mothers and healthy children and to support breast-feeding mothers. PROCLAIMED this 28th day of July 2005. PRESENTATIONS: 6.A.1. Consider a presentation regarding an update on the market-based • compensation study. Teresa Bledsoe, Human Resources Director made the staff presentation. Historically, the City has entered into an agreement with the firm of Watson Wyatt Worldwide to conduct the market-based study. This year a committee made up of Human Resources staff and a group of employee representing other city departments/ divisions conducted a more in depth comprehensive study. WatsonWyatt was used as the data match and compilation source. This approach gave staff up-to-date positions 198 JULY 28, 2005 information as well as saved the City thousands of dollars. This is the fourth biennial complete market study of all of the City's job classifications since 1997. David Kautz, Assistant City Manager gave an overview of the cost associated with the market-based compensation study and how the budget will be affected. Ms. Bledsoe concluded that the City continues to be committed to maintaining a Pay and Classification Plan that is internally equitable and externally competitive with business • in our community, cities, and other competing markets. This allows the City to recruit and retain a qualified diverse workforce. 6.A.2. Consider a presentation regarding the City's Health Insurance Plan. Teresa Bledsoe, Human Resources Director made the staff presentation. She gave an update Plan Performance quarter by quarter for plan year 2005. She also outlined the Medical Plan Utilization Statistic Summary and the following. Movinci Forward 2005 • Benefit Consultant Selection • Co-op Purchasing Project • Plan Analysis • Fully insured vs. Self Insured • Plan design options review • Contribution Strategies • Stand-alone prescription program • On-Site Clinic • Employee Wellness Program PUBLIC HEARINGS: • 7.A.1. Consider a public hearing regarding amending Chapter 10, Section 10.800 of the Code of Ordinances (1995 Edition) regarding drought contingency and peak day water use. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. Recent changes in state law and provisions in the Raw Water Contracts with the Brazos River Authority are requiring changes in the Drought Contingency and Peak Day Use Ordinance. The recommended changes add target goal reductions of water use during Stage II and III drought periods, written notice to wholesale customers and county officials and local School officials, penalties for violations constitute class 'C' misdemeanor with a $2,000 fine. The amendments will update current sections of Chapter 10 - Drought Contingency and Peak Day Water Use to comply with recent changes to State Law and contractual requirements with the Brazos River Authority. Mr. Clark outlined the following. Drought Continciency and Peak Day Water Use • Current Plan establishes three stages - Stage I - May 1 to September 30 - Public notice voluntary restriction - Stage II - groundwater table drops to 40 Ft. MSL and Lake Georgetown below 770 Ft. MSL for 3-consecutive days - mandatory restrictions (hand watering and car washing, automatic sprinklers restricted to 12-midnight to 10AM and 7PM to midnight, no filling pools) - Stage III - Stage II conditions plus treatment capacity above 90% for 3- consecutive days mandatory restrictions (hand watering only 6AM to 10AM and 7PM to 10PM only, no automatic sprinklers or automobile washing) - Any other reason determined by the Director 0 Updates to comply with current state requirements and contractual agreements 199 JULY 28, 2005 • City will comply with water providers drought contingency contractual requirements • Encourage public not to install new landscape during Stage II and no installation during stage III • Establishes target goal reduction of 39/b during stage II • Establishes target goal reduction of 7% during stage III • Written notice to wholesale customers 72 hours prior to implementing or terminating water restrictions • Stage III notification to County EMC, Judge and Commissioners, RRISD and large in-city users • 24 hour written notice of violations to customers • Three convictions by customer may result in 7-day discontinuance of service • Variance can be granted upon request to prevent adverse health or safety conditions or for alternate methods to achieve reductions Violations are Class C misdemeanor with $2,000 fine In response to Councilmember Honeycutt's question, Mr. Clark said that in the last 10 years the City has not reached stages 2 or 3. Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. 7.A.2. Consider a public hearing regarding amending Chapter 10, Section 10.701 of • the Code of Ordinances (1995 Edition) regarding cross connection control and prevention. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. This ordinance protects the City's water supply by regulating backflow prevention devices that prevent water from being siphoned into the city water supply during a loss of pressure. The updates reflect the current city organization and eases the testing of non-hazardous applications of Backflow prevention devices from 3-years to 10-years or as required by state law. Current state law does not requiring testing on non-hazardous sprinkler applications. The existing ordinance was implemented in March 1998 and historical data has proven the backflow preventers to be very reliable with little failure. The proposed 10-year testing requirement will benefit homeowners and not comprise safety of the city water system. The following amendments will update current sections of Chapter 1.0 - Cross Connection Control and Prevention Code of Ordinances to reflect the current City organization and ease • requirements for backflow testing. Mr. Clark outlined the following: Cross Connection Control and Prevention • Ordinance protects City' water supply from water siphoning into water system during loss of pressure. • Reflects language changes per state law • Changes reflect recent changes to Round Rock Staff • Director of Public Works • Director of Utilities • Testing for Non-hazardous applications from 3 to 10 years or as required by state law. 20 ` JULY 28, 2005 Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. • *9.A. Consider approval of the City Council minutes for July 14, 2005. *10.D.1. Consider an ordinance authorizing the placement of stop signs at the intersection of Dell Way and the Dell Computer Parking Lot Entrance. (Second Reading) *10.D.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from South Mays to a point 0.366 miles west of Greenlawn Boulevard. (Second Reading) *11.C.1. Consider a resolution approving a reimbursement to Forest Creek Condominiums, Ltd. for the cost of oversizing water mains associated with the Forest Creek Townhomes development. *11.D.2. Consider a resolution authorizing the Mayor to execute an Agreement with Todd Publications, Inc., dba Round Rock Leader for publication of official city notices. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Honeycutt seconded the motion. • 9 Y VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for July 14, 2005. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance amending the 2004-2005 Operating Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. From time-to-time and as financially appropriate; the operating budget is adjusted as new operational issues • and funding opportunities are identified. This is the first of two expected budget revisions for Fiscal Year 2004-2005. This amendment revises the FY 2004-2005 operating budget to reflect strategic operating adjustments for the current fiscal year: Highlights of the amendment include implementation of personnel salary changes resulting from the City's bi- annual market survey, staffing and equipment for the Fire Department rescue vehicle program, the addition of departmental support staff and expenditures associated with grant receipts. Also included is an adjustment to the Dell Program payment reflecting additional 20 JULY 28, 2005 sales tax revenue generated through Dell. The adjustments for the General Fund are funded through additional sales tax revenues and grant receipts. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT�NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2004-2005. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem • McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance amending Chapter 1, Section 1.1002.1 of the Code of Ordinances (1995 Edition) regarding firefighter civil service classifications and number of positions. (First Reading) Teresa Bledsoe, Director of Human Resources made the staff presentation. Chapter 143. Municipal.Civil Service, Texas Local Government Code, Subchapter B. Classification and Appointment, §143.021. Classification; Examination Requirement requires in part that"The governing body by ordinance shall prescribe the • number of positions in each classification." This ordinance reclassifies some position changes and the number of authorized sworn positions in the Round Rock Fire Department to include personnel to staff Rescue 4. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, BY AMENDING SECTION 1.1002.1(3) DEALING WITH FIREFIGHTER CIVIL SERVICE CLASSIFICATIONS AND NUMBER OF POSITIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell .Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford 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 McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None JULY 28, 2005 ACTION: The motion carried unanimously. 10.C.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Code of Ordinances (1995 Edition) regarding drought contingency and peak day water use (First Reading) Tom Clark, Water and Wastewater Utilities Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 10.800 PERTAINING TO THE DROUGHT CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.C.2. Consider an ordinance amending Chapter 10, Section 10.701 of the Code of Ordinances (1995 Edition) regarding cross connection control and prevention. (First Reading) Tom Clark, Water and Wastewater Utilities Director made the staff presentation in held earlier in the meeting. • for this item during the public hearing g ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 SECTION 10.700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS RELATING TO PROTECTION OF THE WATER SUPPLY OF THE CITY OF ROUND ROCK FROM CONTAMINATION OR POLLUTION DUE TO ANY EXISTING OR POTENTIAL CROSS-CONNECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10.D.1. Consider an ordinance authorizing the placement of stop signs at the • intersection of Dell Way and the Dell Computer Parking Lot Entrance. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF DELL WAY AND A DELL COMPUTER PARKING LOT ENTRANCE AS AN ALL-WAY STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 203 JULY 28, 2005 *10.D.2. Consider an ordinance amending Chapter 9, Section 9.502 of the Code of Ordinances (1995 Edition) establishing a 35-mph speed zone on Dell Way from South Mays to a point 0.366 miles west of Greenlawn Boulevard. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON. A PORTION OF DELL WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the City Manager to issue a purchase order for the purchase of Rescue Apparatus #7 through the Texas Government Statewide Purchasing Cooperative. Larry Hodge, Fire Chief made the staff presentation. The Fire Department responded'to 3.885 emergency and 1,343 non-emergency calls last year of which 70% plus were medical calls. Station No. 1 is the closest station to the northwest/northeast side and ran 1,886 calls last year. Placing a Rescue Apparatus in the Chandler Road area would significantly reduce the response time for medical calls this area especially if the area grows as projected. The cost of the Rescue Apparatus. is $135,000.00. • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase Rescue Apparatus #7 for-the Fire Department, and WHEREAS, the City is a member of. the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Siddons Fire Apparatus, Inc. is an,approved vendor of the,�Buy Board, and WHEREAS, the City wishes to issue a purchase order to Siddons Fire Apparatus, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Siddons Fire Apparatus, Inc. for the purchase of Rescue Apparatus #7 for the Fire Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the-Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of July, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.B.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the McNeil Road Project. Steve Sheets, City Attorney made the staff presentation. A portion of Williamson.County's McNeil Road project 204 JULY 28, 2005 is being constructed within the area where Round Rock is constructing a barrier wall. In order to coordinate construction activities, Williamson County has asked that Round Rock construct a portion of the sidewalk for the McNeil project in this area, the cost will be fully funded by Williamson County. This agreement is for the design, engineering, construction and maintenance of a portion of the McNeil Road Project. 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 for purposes of designing, engineering, constructing and maintaining a portion of the McNeil Road project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with 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 28th day of July, 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11.C.1. Consider a resolution approving a reimbursement to Forest Creek Condominiums, Ltd. for the cost of oversizing water mains associated with the Forest Creek Townhomes development. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, §8.503 Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, Forest Creek Condominiums, Ltd. has submitted a reimbursement request for the oversizing of water mains associated with the Forest Creek Townhomes development, and WHEREAS, the City Council wishes to approve said reimbursement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF.ROUND ROCK, TEXAS, That the City Council hereby authorizes the reimbursement to Forest Creek Condominiums, Ltd. of $4,680.00, which is the cost of oversizing water mains associated with • the Forest Creek Townhomes development. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 28th day of July, 2005. 11.D.1. Consider a resolution authorizing the Mayor to execute a Letter Agreement with TXU Electric Delivery whereby the City agrees to not intervene in any Show Cause Action concerning TXU Electric Delivery rates prior to July 1., 2006. David Kautz, Assistant 200 JULY 28, 2005 City Manager made the staff presentation. TXU Electric Delivery and a number of cities in their north Texas service area have reached a settlement agreement to resolve issues arising from `show cause" resolutions passed by the cities. The resolutions would have required the company to file information with those cities to show why the company's transmission and distribution rates should not be reduced. The settlement requires the • company to agree to a rate case filing in June 2006 that proposes and supports reduced municipal rates for street lighting and municipal pumping. Additionally, the company will provide monetary consideration and improved street lighting data records for the cities. The company is extending the settlement offer to all cities in its service area. Upon approval of the agreement, the company will make a cash payment of $132,811.99 immediately to Round Rock. Starting March 31, 2006 and each March 31 thereafter, the company will also make an annual cash payment of $126,487.81 to Round Rock. The company will cease the payments when new tariffs approved in the system-wide rate case become effective. RESOLUTION NO. WHEREAS, TXU Electric Delivery ("TXU") and a number of cities in its north Texas service area have reached a settlement agreement to resolve issues. arising from Show Cause resolutions passed by the cities regarding TXU's transmission and distribution rates, and WHEREAS, the settlement includes TXU's agreement to file a rate case by July 1, • 2006 with the Public Utility Commission that proposes and supports reduced municipal rates for street lighting and municipal pumping, and WHEREAS, TXU is extending the settlement offer to all cities in its service area in exchange for their agreement not to initiate Show Cause Actions concerning TXU's rates prior to July 1, 2006, and WHEREAS, the City desires to enter into a Letter Agreement with TXU regarding the settlement, Now;,Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Letter Agreement with TXU Electric Delivery, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. .The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting_ was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the. Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of July, 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None . ACTION: The motion carried unanimously. *11.D.2. Consider a resolution authorizing the Mayor to execute an Agreement with. Todd Publications, Inc., dba Round Rock Leader for publication of official city notices. This item was approved under the consent agenda. RESOLUTION NO. 206 JULY 28, 2005 WHEREAS, Section 13.02 of the Home Rule Charter for the City of Round Rock, Texas, provides that the Council shall designate a public newspaper of general circulation in the City as official publication for legal notices, and WHEREAS, the Round Rock Leader is a public newspaper of general circulation in the City, and WHEREAS, the Council is desirous of designating the Round Rock Leader as the official publication of the City, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock Leader is designated as the official publication of the City and all ordinances, notices and any other matter required to be published shall be published • therein, and BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute a one year agreement with Todd Publications, Inc. dba Round Rock Leader to provide the required services at its normal and usual rates, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of July, 2005. 11.D.3. Consider a resolution authorizing the Mayor to execute a First Amendment to the Economic Development Agreement with the Round Rock Transportation System Development Corporation, SPG Round Rock NS, L.P. and CPG Round Rock, L.P. Jim Stendebach, Planning and Community Development Director made the staff presentation. The City entered into an Economic Development Agreement with the Round Rock Transportation System Development Corporation, Simon Property Group LP and CPG Round • Rock, L.P. on May 26, 2005 to facilitate development of the Simon / Chelsea Premium Outlet Mall on a tract of land east of IH 35 and north of Chandler Road. The agreement detailed the responsibilities of the parties and the funding of the internal roads. This amendment to the Economic Development Agreement will waive the parkland fees in consideration of the superior development and value of the park and recreational amenities on the 90.492-acre Round Rock Premium Outlets tract. The fees that will be waived are the $800.00 per acre non-residential parkland fee. This waiver totals $72,393.60. Chelsea will be constructing $1,635,698.00 worth of special semi-public improvements that will include a permanent pond with waterfalls and a landscaped trail around the pond. This is part of the economic incentive package for the destination retail to be located on this tract. It does not apply to the remainder of the Simon property, which is not slated for destination retail. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Economic • Development Agreement ("Agreement") with the Round Rock Transportation System Development Corporation, SPG Round Rock NS, L.P., and CPG Round Rock, L.P. regarding Simon's development of a retail outlet mall in the City of Round Rock, and WHEREAS, the City Council now wishes to enter into a First Amendment to the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a First Amendment to Economic Development Agreement with the Round Rock Transportation System Development Corporation, SPG Round Rock NS, L.P., and CPG Round Rock, L.P., a copy being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that 207 JULY 28, 2005 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of July 2005. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw. Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Standard Form of Agreement Between Owner and Architect with Kimley-Horn &Associates, Inc. for the Old Settlers Park at Palm Valley Family Aquatic Center Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. The Old Settlers Park at Palm Valley Family Aquatic Center project involves the creation of an outdoor aquatic facility consisting of pool elements, as well as spray features and a water slide. This project was part of the 2001 GO Bond package. The agreement is for engineering services, at a cost of $ 225,000.00, for the design and creation of construction • plans necessary to construct the Family Aquatic Center. Also included in the contract will be construction observation duties. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Standard Form of Agreement Between Owner and Architect/Consultant("Agreement") with Kimley-Horn and Associates, Inc. for the Old Settlers Park at Palm Valley Family Aquatic Center Project, and WHEREAS, Kimley-Horn and 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 Kimley-Horn and Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 with Kimley-Horn and 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 28th day'of July, 2005. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 208 JULY 28, 2005 11.E.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Baker-Aicklen &Associates, Inc. for the Brushy Creek East Trail Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. The Brushy Creek East Trail Project includes approximately 2 1/4 miles of hike and bike trail with associated amenities, including several bridges, a pavilion, a playground, and various site amenities. The trail will run from East to West along the South bank of Brushy Creek from • Red Bud Lane to the Sonoma Subdivision. This agreement is for engineering services necessary to complete the Brushy Creek East Trail Project. The original agreement for this project has expired, so a new agreement is necessary. The cost is $62,108.43. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Brushy Creek Trail East Project, and 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, 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 Baker-Alcklen &Associates, Inc. for the Brushy Creek Trail East 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 28th day of July, 2005. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.E.3. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Hall/Bargainer, Inc. for the Brushy Creek East Trail Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. The Brushy Creek East Trail Project includes approximately 2 1/4 miles of hike and bike trail with associated amenities, including several bridges, a pavilion, a playground, and various site amenities. • The trail will run from East to West along the South bank of Brushy Creek from Red Bud Lane to the Sonoma Subdivision. This agreement is for consulting services necessary to complete the Brushy Creek East Trail Project. The original agreement for this project has expired, so a new agreement is necessary. The cost is $14,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain construction consulting services in connection with the Brushy Creek Trail East Project, and i 209 JULY 28, 2005 WHEREAS, Hall/Bargainer, Inc. has submitted an Agreement for Consulting Services ,to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Hall/Bargainer, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services with Hall/Bargainer, Inc., for construction consulting services in connection with the Brushy Creek Trail East Project, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 28th day of July, 2005. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.F.1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with RGM Constructors, L.P. for the construction of Forest Creek Drive and Double Creek Drive, Phase 2: Tom Martin, Director of Transportation Services made the staff • presentation. Forest Creek Drive is a major arterial shown in the City's Transportation Master Plan. The City currently has a project to construct the remaining portions of this facility between Rusk Road and the Lake Forest Subdivision. This project is being funded using 4B Corporation Funds and developer contributions made through Cost Sharing/Development Agreements. However, the portion of this project through Round Rock Ranch is to be paid by means of a Public Improvement District. The contract for this construction was awarded.at the August 26, 2004 Council meeting. This Change Order No. 1 with RGM Constructors, L.P., reflects costs and increased scope of work associated with the addition of 2 waterline crossings in Double Creek Drive including material, labor and equipment. In addition, the change order will cover addition of one water line crossing Forest Creek Drive at Rusk West, construction of 5 additional driveways, addition of one turn lane and two intersections along Forest Creek Drive andAhe delivery of one additional Slight pole with fixture. The contract time will also be extended 98 calendar days to complete the associated construction. The amount of the change order $165, 272.30. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the Forest Creek and Double Creek Drive, Phase 2 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, 2101 JULY 28, 2005 That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 1 to the Contract with RGM Constructors, L.P., 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 28th day of July, 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- • tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 2 to the 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. TxDOT requested a scope change in the proposed roadway improvements to better allow for increased traffic volumes anticipateddue to the proposed Simon/Chelsea Development in the area of Chandler • Road/RM 1431, IH-35, and Westinghouse Road. This increase in scope will allow for the revision of the traffic control plan to provide for the operation of two westbound traffic lanes on Chandler Road bridge over I-35 at all times during construction and a minimum of one lane open at all times eastbound; revise storm sewer plans to provide for the capacity of ten year design storm; revise design of the Chandler Road bridge to include the removal and replacement of two outside concrete box beams on both sides of the bridge; collection of background data on existing and proposed construction of Westinghouse Road in order to facilitate the future widening of the existing Westinghouse Road Bridge; utility relocation services. The amount of the supplemental agreement is $158,520.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with HDR Engineering, Inc. for IH-35 modifications from Chandler Road to Westinghouse Road, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 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. 2 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 28th day of July 2005. JULY 28, 2005 21 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.F.3. Consider a resolution authorizing the Mavor to execute a contract with Austin Traffic Signal for the installation of a traffic signal at RM 620 at the Round Rock Medical Center driveway. Tom Martin, Director of Transportation.Services made the staff presentation. After warrant studies were completed, reviewed and approved by the Texas Department of Transportation, the signal at the Hospital Entrance and RM 620 was put out for bid on July 5, 2005. One bid was received and opened on July 5, 2005 in the City Council Chambers. Based on review of the bid.by staff, it was recommended that the bid be awarded to Austin Traffic Signal in the amount of $134, 980.20. The proposed schedule for this project is 45-60 days for the construction. The project is proposed to be completed in four months. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of a traffic signal at the intersection of RM 620 and the Round Rock Medical Center driveway, and WHEREAS, while only one bid was received from Austin Traffic Signal Construction Company, LP, the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Austin. Traffic Signal Construction.Company, LP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal Construction Company, LP for the installation of a traffic signal at the intersection of RM 620 and the Round Rock Medical Center driveway. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of July, 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 12.A. Consider one appointment to the Tourism Commission to represent the Hotel industry, small-size (250 rooms or less). One representative of the hotel industry (small- 212 JULY 28, 2005 size hotel of 250 rooms or less) is needed to fill the unexpired term of Michael Marshall who resigned. The term for this position expires June 2006. David Panas of the Wingate Inn & Conference Center submitted a letter of interest. MOTION: Councilmember Honeycutt moved to appoint David Panas to the Tourism Commission by acclamation. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Honeycutt Councilmember • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: 14.A. Consider Executive Session as authorized by 8551.072 Government Code, to consider the acquisition of real property for the future police station, to wit: approximately 75 acres located at 601 Jeffrey Way, Round Rock, Texas. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Maxwell at 8:44 p.m. and adjourned at 9:18 p.m. The Council returned to the City Council Chamber and addressed the following item. ACTION RELATIVE TO EXECUTIVE SESSION: • 15.A. Consider authorizing the City Manager to proceed with negotiations for the acquisition of real property for the future police station to wit: approximately 75 acres located at 601 Jeffrey Way, Round Rock, Texas. MOTION: Councilmember Rhode moved that the City Manager proceed with the negotiations for the acquisition of real property for the future police station as discussed in Executive Session. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Nielson Mayor Pro-tem McGraw Councilmember Clifford Councilmember Knight Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:19 p.m. • Respectfully Submitted, Christine R. Martinez, City Secretary 213 AUGUST 11, 2005 The Round Rock City Council met Regular Session on Thursday, August 11, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: • Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Councilmember Joe Clifford was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: S.A. Consider a proclamation honoring United States Marine Corporal Steven Gill. Congressman John Carter expressed his condolences to the Gill family. Mayor Maxwell read the following proclamation and presented it to the family. of Corporal Steven Gill. WHEREAS, our community is fortunate to have the type of individuals who find a way to make a difference in the lives of those who need them; and . WHEREAS, thousands of people across the nation spontaneously and generously demonstrate that spirit by showing that when America faces a challenge, Americans unfailingly and loyally respond; and WHEREAS, while United States Marine Corporal Steven Gill was taking the challenge to make a difference in the lives of those who needed help, gave his life on July 21, 2005 in defense of the people of the United States and across the world; and WHEREAS, Corporal Gill was a friend to many, a Christian mentor to children and his fellow Marines, a man that took seriously the responsibility of laying down his life for others, and a child of God; and WHEREAS, Corporal Gill served his family, friends, church, and fellow citizens with honor, caring, and faithfulness during his 24 years here on earth; and WHEREAS, Corporal Gill's impact on those that knew and loved him will long be remembered and the City of Round Rock offers their sincere sympathy to Bill, Rose, and James Gill, and their family and friends. NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of the City Council, Staff and citizens of Round Rock honor United States Marine Corporal Steven Gill for the sacrifices he made and all that have served and are serving today to preserve our freedoms. PROCLAIMED this 11th day of August 2005. 5.B. Consider a proclamation recognizing Josh Elander for his performance in the Pitch, Hit & Run competition. This item was addressed later in the meeting. PRESENTATIONS: 6.A.1. Consider a l2resentation by Congressman John Carter regarding a Congressional update. Congressman John Carter,presented a Congressional update to the City Council on what the legislature has addressed since January 2005. The following are some of those items. • Comprehensive Transportation Bill for P P o Texas • Energy Bill • Class action reform • Job training Improvement Act 214 AUGUST 11, 2005 • Procedure to determine how a House of Representatives member is replaced in case of a tragedy • OSHA regulations • Death Tax (Still not finalized) • Enhanced vocational and technical education for future grants • Small Business Healthcare Option • Identification Act • Intelligence Organization Act • Readjusted Veterans Disability • Social Security (Still working on it) • Financed every request made by the United States Military • • Approved funds for the reconstruction of US 79 6.B.1. Consider a presentation regarding Temporary Certificate of Occupancy for Commercial Developments. Tom Word, Chief of Public Works Operations made the staff presentation. He outlined the following information regarding the proposed application and procedure for issuing Temporary Certification of Occupancy (CO) for Commercial Developments. Recommendation #3.a. from the Development Process Survey conducted in March 2005 indicated several items that were "quick fixes." "Item 3.a. - The creation of temporary certificates of occupancy with checklists." City Ordinance The 2000 International Building Code was adopted by Ordinance G-02-01-24-8C2 on January 24, 2002. City of Round Rock Code of Ordinances, Chapter 3 - Building Regulations, Section 3.100 . Building Code 3.101 - International Building Code (2000 Edition) Adopted The International Building Code, 2000 Edition, including Appendix D, as published by the International Code Council, ... , is hereby adopted by the City of Round Rock, Texas ... State Law During the 2005 Regular Session of the 79th Legislature, Senate Bill 1458 was passed requiring adoption of uniform commercial building codes for use in municipalities in the state. This bill amends Subchapter G, Chapter 214, Local Government Code, by adding Section 214.216, as follows: Sec. 214.216. INTERNATIONAL BUILDING CODE. (a) Sets forth that to protect the public health, safety, and welfare, the International Building Code, as it existed on May 1, 2003, is adopted as a municipal commercial building code in this state. (b) Provides that the International Building Code applies to all commercial buildings in a municipality for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. . (c) Authorizes a municipality to establish certain procedures relating to the International Building Code. (d) Prohibits a local amendment adopted under Subsection (c) from resulting in less stringent building requirements than the requirements prescribed by the International Building Code, as it existed on May 1, 2003. (e) Authorizes a municipality to review and consider amendments made by the International Code Council to the International Building Code after May 1, 2003. Provides that Subsection (d) does not apply to an amendment adopted by a municipality under this subsection. International Building Code 21 AUGUST 11, 2005 Excerpted from the 2000 International Building Code, Chapter 1, Section 101 - General 101.3 - Intent The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. Temporary Occupancy Excerpted from the 2000 International Building Code, Chapter 1, Section 110 - Certification • of Occupancy 110.4 - Temporary Occupancy The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. Temporary Certificates of Occupancy • The City will begin issuing Temporary Certificates of Occupancy (TCO's) for commercial and multifamily projects on September 1, 2005. • A TCO must be requested by the owner or a designated representative of the owner. • The request for the TCO must be made by the owner or owner's representative at least 48 hours prior to the desired issuance date to allow for inspections by Building Inspection, Fire, Public Works and Planning. • All major outstanding items of work to obtain a certificate of occupancy will be identified on the TCO and the owner or owner's representative must sign an acknowledgement of the outstanding items. • The owner or the owner's representative will request the duration of the TCO.necessary to finish major outstanding items of work and obtain the final Certificate of Occupancy (CO). The City will consider the request when issuing the TCO. Only in rare circumstances should the duration of the TCO exceed 45 days. • The TCO will include a statement where the owner or the owner's representative assumes all liability and indemnifies the City for any injury to persons or damages which may occur at the site for which a TCO has been issued. Items that Preclude Issuance of a TCO Examples include: • Fire Lines not complete, tested and active • Fire Lanes not clear • Backflow prevention devices not in place • Exposed electrical wiring Items that Could be Completed After the Issuance of a TCO Examples include: • Screening Walls • Landscaping • Remote Areas of Parking Lots • Portions of Sidewalks • Dedication of Easements Pending.Issues Processes to ensure that owners complete building requirements and obtain final Certificate of Occupancy Mr. Word added that the challenges will be on which processes to follow. Mayor Maxwell asked staff to be careful when issuing extensions. In conclusion, Mr. Word noted that staff would be bringing back a.recommendation for Council's consideration. 216 AUGUST 11, 2005 6.C.1. Consider a presentation regarding proposed amendments to Chapter 11 Zoning, of the Code of Ordinances (1995 Edition) to clarify screening requirements for loading spaces. Jim Stendebach, Planning and Community Development Director made the staff presentation. These amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Zoning Ordinance in May 2002. The establishment of separate screening requirements for loading spaces was not included in the • 2002 adoption of the Zoning Ordinance. Instead, standards were included for loading docks only. This has proven to be problematic when reviewing for surface loading spaces rather than actual elevated "docks". Currently, Section 11.501 (4) (b) (vi) (1) of the Zoning Ordinance lists screening requirements for loading docks. The requirements include the construction of a masonry wall as well as the provision of trees and shrubs. The proposed Section 11.501 (4) (b) (vi) (2) will add screening requirements for loading spaces. The requirements are triggered only when proposed loading spaces are visible from public rights-of-way. The requirements include either the construction of a masonry wall or the provision of alternative screening as approved by the Zoning Administrator and in accordance with the City's existing requirements for alternative landscape plans. In addition to the items noted, the terms "loading dock" and "loading space" are further distinguished by providing a definition for loading dock. Loading space is currently defined in the ordinance glossary, but loading dock is not. A definition for "service area" is included along with the set of amendments. The existing ordinance provides special screening standards for service areas where the following items are grouped together: trash receptacles, loading docks, loading spaces, outdoor storage and mechanical equipments. The definition of service area was not included in the original ordinance. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. PUBLIC HEARINGS: 7.A.1. Consider public testimony regarding amending the General Plan by modifying the Future Land Use Map with regard to the IH-35 corridor. Jim Stendebach, Planning and Community Development Director made the staff presentation. The current General Plan was adopted on June 10, 1999. This is the first phase in a General Plan update for the northeast quadrant of the City. Due to the rapid rate of development in the northeast, this • update is being re-shaped even as it is being written. In order to keep pace with the new developments and to more accurately reflect the nature of development in the northeast, staff divided the General Plan update into phases. The first phase addresses the IH-35 corridor and recommended modifications to the Future Land Use Map contained in the General Plan. ,h 217 AUGUST 11, 2005 Mr. Stendebach outlined the report and recommendation for Phase 1. In addition to the report, staff has included both the Future Land Use Map from the 2000 General Plan (labeled Future Land Use Map - 2000") P ( and an amended Future Land Use Ma labeled "Future Land Use Map - 2005"). The 2005 map shows what the Future Land Use Map will look like should the Council adopt the changes proposed by staff in Phase 1. Also, the green • boundary of the map represents the City's new extraterritorial jurisdiction (ETI) line, which is somewhat different from the ETJ boundary the City had when the 2000 Future Land Use Map was created. Because of these differences, certain areas within the boundary of the new ETJ do not have future land use designations. These areas will be addressed with subsequent phases of the General Plan update. He also gave an overview of the report and recommendation for the IH-35 Corridor: Phase 1: IH-35 Frontage 1. Introduction 2. IH-35 Frontage (south of McNeil Park) 3. IH-35 Frontage (north of McNeil Park) 4. Recommendations 5. Addendum: Land Use West of IH-35 On July 13, 2005, the Planning and Zoning Commission rendered a favorable recommendation to amend the Future Land Use Map of the General Plan as proposed. • Mayor Maxwell opened the public hearing. John Moman, 1701 Johnson Way, Moman Architects, spoke in favor of the amendments to the General Plan. Buck Debree, 3110 N FM 620, spoke in favor of the amendments to the General Plan. There being no further testimony, the public hearing was closed. 7.A.2. Consider public testimony regarding an application filed by Hoppe Properties, Ltd. to rezone 2.05 acres of land from District LI (Light Industrial) to District PUD No. 63 (Planned Unit Development). Jim Stendebach, Planning and Community Development Director made the staff presentation. This property was annexed and originally zoned for industrial uses in 1981. The applicant initially requested a zoning change from LI (Light Industrial) to C-1 (General Commercial) for this tract of land in order to construct a pharmacy. While staff was generally amenable to a pharmacy, there were some concerns over the appropriateness of other uses at this location that would be allowed in C-1 zoning. Therefore, staff negotiated a PUD for this property that would limit the use to pharmacy only. In addition to the limitation on uses, the PUD requires underground utilities and screening for loading spaces. It also limits the site to one driveway near the western property line. On July 13, 2005, the Planning and Zoning Commission rendered a favorable recommendation to adopt the PUD with the condition that the language regarding the 218 AUGUST 11, 2005 driveway access be revised. That language has been revised accordingly and approved by the Director of Transportation Services to limit the site to just one driveway. Mayor Pro-tem McGraw expressed his concern regarding the on and off access from property to FM3406. Tom Word responded that "a signal is proposed for the intersection at Chisholm Trail and FM3406 but that will occur some time in the future. At this point a schedule has not 0 been established for that signal. Mayor Maxwell opened the public hearing. There being no testimony the public hearing was closed. 7.A.3. Consider public testimony regarding an application filed by the City of Round Rock to rezone 2.036, 2.346, and 3.027 acres totaling 7.409 acres of land from District C-1 (General Commercial) to District OS (Open Space) Jim Stendebach, Planning and Community Development Director made the staff presentation. In February 2005, the Southwest Downtown Plan was adopted as an amendment to the General Plan 2000. Currently, the City of Round Rock owns three parcels that will provide a connection from the Southwest Downtown Area and IH-35 to Greater Lake Creek Park. This particular section of the trail/greenbelt was identified as "high priority" in the Citywide Trails Master Plan. The Southwest Downtown Plan recommends the adoption of an OS (Open Space) District for these tracts. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 7.A.4. Consider public testimony regarding an application filed by the City of Round Rock to rezone 0.641 and 2.36 acres of land from District SF-2 (Single Family-Standard Lot) to District PF-3 (Public Facilities-High Intensity); and 3.18 acres of land from District C-1 (General Commercial) to District PF-3 (Public Facilities-High Intensity. Jim Stendebach, Planning and Community Development Director made the staff presentation. In February 2005, the Southwest Downtown Plan was adopted as an amendment to the General Plan 2000. These three parcels in the Southwest Downtown area, are currently owned by the City of Round Rock and the site of the new Municipal Office Complex. As these parcels include City of Round Rock government buildings, the Southwest Downtown Plan recommended that they be rezoned to PF-3 (Public Facilities - High Intensity) District. The first building in the Municipal Office Complex was completed in April 2003. The Senior Center will be the next building finished, and a Plaza and a City Hall are also proposed for these parcels. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. :µ 219 AUGUST 11, 2005 7.A.5. Consider public testimony regarding proposed amendments to Chapter 11 Zoning, of the Code of Ordinances (1995 Edition) to reduce the required lot size for multi- family lots, to regulate the placement of heliports, to modify requirements for eating establishments within local commercial shopping centers to modify arkin standards for medical office uses, and to regulate the placement of parking spaces adjacent to commercial drive aisles. Jim Stendebach, Planning and Community Development Director made the staff presentation. These amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Zoning Ordinance in May 2002. Mr. Stendebach summarized the following proposed text amendments to the Zoning Ordinance. Reduce multi-family lot size Amend Section 11.408 regulating density and development by reducing the minimum lot size of multi-family lots from 5 acres to 1 acre. The intent of the five-acre lot size was to reflect the lot size of typical new multi-family developments. However, staff found the requirement to be overly restrictive, particularly for projects involving the redevelopment of older apartment complexes, which are typically smaller than five acres. With the proposed one-acre minimum lot size, redevelopment and infill projects will • continue to be regulated by the 20 units per acre multi-family density requirement. Permit hospital heliports with conditions in the Public Facilities High Intensity District Amend Section 11.415.2, Public Facilities High Intensity District (PF-3) to include a hospital heliport as a use permitted with conditions. Currently the PF-3 district is silent to this use.. This set of amendments will provide the following standards for new hospital locations zoned PF-3: 1. Hospital Heliports shall comply with FAA hospital heliport design standards (USDOT, FAA, Advisory Circular No. 150/5390-2A as.amended). 2. Hospital Heliports are limited in use to touchdown and lift-off areas only and shall not include maintenance, storage or refueling facilities. 3. Touchdown and lift-off areas may be located at ground level or on the rooftop of a hospital facility. 4. Touchdown and lift-off areas shall be paved in accordance with Section 11.502(8)d 5. Touchdown and lift-off areas shall not be located in the required parking spaces for the hospital facility. 6. Touchdown and lift-off areas shall be shown on the site development plan submitted for-the property. 7. Touchdown and lift-off areas shall not be located within 1000 feet of a residentially zoned property. In addition, amend Section 11.800 to include the following definitions: Heliport The area of land, water or structure used or intended to be used for the touchdown and lift-off of helicopters. Heliport, Hospital A heliport limited to serving helicopters engaged in air ambulance. 220 AUGUST 11, 2005 Modify requirements-for eating establishments within local commercial shopping centers In the existing C-2 (local commercial) district, sites less than 2 acres are limited to one restaurant. The intent of this requirement was to ensure that local commercial shopping centers were developed at a neighborhood scale and compatible with neighboring residences. The application of this requirement has become problematic. The Planning Department received numerous requests to locate multiple eating establishments within the district. For example, staff received proposals from applicants to locate both a sub-shop and a coffee shop in one retail center. In order to ensure the viability of the C-2 district by accommodating market demand, staff recommended the removal of the restriction. This will also prevent the development of unnecessary PUD's to accommodate multiple eating establishments.. Eating establishments on sites less than two acres in the C-2 district are restricted to 1,500 square feet. Given this restriction along with the design, compatibility and parking requirements already in place, staff feels confident that the integrity and neighborhood scale of local commercial shopping centers will be maintained. Modify the parking standard for medical office uses Amend Section 11.502(2) Parking Standards for Medical Office Buildings by reducing the parking standard from 1 per 150 square feet of gross floor area to 1 per 200 square feet of gross floor area. Staff recommended a reduced parking standard in order to match industry standards. The existing standard of 1:150 was established in 2002 with the adoption of the new zoning ordinance. The City's former standard was 1:250 square feet. Several existing PUD's contain a standard at 1:200. Staff conducted a survey of several medical office complexes developed at the 1:200 standard and found it-to be more than sufficient in meeting parking needs. Staff believes it was too conservative when it established the 1:150 ratio. The majority of neighboring-communities utilize the 1:200 standard when calculating medical office parking requirements. Designate primary vehicular circulation routes on site plans Amend Section 11.502 (8) Parking Space and Parking Lot Design to require that site plans designate primary vehicular circulation routes entering and exiting retail developments greater than 50,000 gross square feet. This amendment will assist in preventing overflow stacking and internal circulation conflicts. Accordingly, landscaped medians will be required along the length of the primary route and customer parking will not permitted.immediately adjacent to the route. The purpose of,this ordinance amendment is to reinforce the original intent of Section 11.501 (3) (b) (ii), which delineates vehicle circulation patterns with landscaped medians. To further minimize internal circulation conflicts, this set of amendments also includes a provision that restricts parking adjacent to the entire elevation of a building, which includes the primary pedestrian access to the building. 1 AUGUST 11, 2005 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed.. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were • removed from the consent agenda. *9.A. Consider approval of the City Council minutes for July 28, 2005. *10.A.1. Consider an ordinance amending the 2004-2005 Operating Budget. (Second Reading) *10.B.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Code of Ordinances (1995 Edition) regarding drought contingency and peak day water use. (Second Reading) *10.6.2. Consider.an ordinance amending Chapter 10, Section 10.701 of the Code of Ordinances (1995 Edition) regarding cross connection control and prevention. (Second Reading) *11.C.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Viking Construction, Inc. for the Street Maintenance Program Phase I/Slurry Seal - • 2004. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. PROCLAMATION: 5.B. Consider a proclamation recognizing Josh Elander for his performance in the Pitch, Hit & Run competition. Mayor Maxwell read the following proclamation and presented it to Josh Elander. WHEREAS, the City of Round Rock Parks and Recreation Department provides opportunities like the Pitch, Hit, & Run competition for local youth; and. • WHEREAS, the Pitch, Hit, & Run competition is a grassroots program where over 564,000 youth across the country participate in baseball skills competitions; and WHEREAS, Josh Elander was named the National Champion of the 2005 Pepsi Pitch, Hit, & Run at the Detroit Major League Baseball All-Stars Week; and WHEREAS, Elander broke the existing Run record of 6.75 seconds with his 6.57 second finish; and WHEREAS, Elander received the 2005 Pepsi Major League Baseball Pitch, Hit, & Run National Finals Sportsmanship Award for giving away baseballs he caught to younger participants during the Century 21 Home Run Derby; and WHEREAS, his outstanding performance has brought favorable recognition to Round Rock, the Sports Capital of Texas, and NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council do hereby formally congratulate and commend Josh Elander for his exceptional performance and sportsmanship at the 2005 Pepsi Major League AUGUST 11, 2005 Baseball Pitch, Hit, & Run and thank him for representing the Sports Capital of Texas nationwide. FURTHERMORE, I urge all Round Rock citizens to show their support and appreciation to this outstanding youth. PROCLAIMED this 11th day of August 2005. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for July 28 2005 This item was approved under the consent agenda. • ORDINANCES: *10.A.1. Consider an ordinance amending the 2004-2005 Operating Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2004-2005. 10.A.2. ' Consider an ordinance amending the 2004-2005 Hotel Occupancy Tax Budget (First Reading) Cindy Demers, Finance Director made the staff presentation. In January 2005, the Cou.ncil authorized the replacement of the video display system of the scoreboard at the Dell Diamond/United Heritage Convention Center Complex. The expenditure of $187,300 was made from the Convention Center Complex Capital Repair Fund. Per requirements under the Hotel Occupancy Tax, Series 1999 Revenue Bond Ordinance, whenever funds are disbursed from the Capital Repair Fund, the Fund must be restored to a $250,000 balance. This revision restores the Capital Repair Fund to the required amount. The revision is funded through additional hotel occupancy tax collections and use of unreserved fund balance. Ms. Demers outlined the following revised budget. Revenues Hotel-Motel Occupancy Tax $1,675,000 Interest Income 25.000 Total Revenue $1,700,000 Expenditures Event& Tourism Funding Festivals & Events Advertising $5,617 Arts Support 19,000 Tourism Support 32,000 Museum Support 8,000 Unallocated 20,000 Total Event &Tourism Funding $84,617 Convention & Visitors Bureau Personnel $264,858 Contractual Services 290,200 Materials & Supplies 19,600 Other Services & charges 122,500 Capital Outlay 31,000 Total Convention &Visitors Bureau $728,158 Total Operating Expenditures $812,775 Capital Projects Transfer to Capital Project Fund $238,500 Wayfinding-City Total Capital Projects Expenditures $238,500 223 AUGUST 11, 2005 Convention Center Capital Expansion Transfer to Reserve Fund at Trustee Bank $1,000 Transfer to Debt Service Fund at Trustee Bank 494,900 Transfer to Stadium Expansion Fund Transfer to Convention Center Revenue Property Insurance 32,000 Contingency and Trustee Fees 4,000 Capital Repair at Trustee Bank 187,300 Total Convention Center 719,290 • Total $Expenditures 1 770,565 P ORDINANCE NO. AN ORDINANCE AMENDING THE 2004-2005 HOTEL OCCUPANCY TAX BUDGET. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. *10.B.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Code of Ordinances (1995 Edition) regarding drought contingency and peak day water use. • (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 10.800 PERTAINING TO THE DROUGHT CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. *10.B.2. Consider an ordinance amending Chapter 10, Section 10.701 of the Code of Ordinances (1995 Edition) regarding cross connection control and prevention. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 SECTION 10.700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS RELATING TO PROTECTION OF THE WATER SUPPLY OF THE CITY OF ROUND ROCK FROM CONTAMINATION OR POLLUTION DUE TO ANY EXISTING OR POTENTIAL CROSS-CONNECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING'ORDINANCES OR RESOLUTIONS. 10.C.1. Consider an ordinance amending Chapter 1, Section 1.2205 of the Round • Rock Code of Ordinance regarding expiration of the Municipal Court Technology Fee Assessment. (First Reading) Tracie Glaeser, Municipal Court Clerk made the staff presentation. The original ordinance was adopted in 2000. The original state statute included an expiration date for collection these fees of September 30, 2005. The ordinance that was adopted authorizing the collection of these fees included that expiration date. The statute_has since been amended to remove the expiration date. This amendment reflects the statute amendment. 224 AUGUST 11, 2005 MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford • ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. 10.D.1. Consider an ordinance rezoning 2.05 acres of land from District LI (Light Industrial) to District PUD No. 63 (Planned Unit Development). (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for 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 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 2.05 ACRES OF LAND OUT OF. THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 63. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Mayor Maxwell Nays: Councilmember Rhode Absent: Councilmember Clifford ACTION: The motion carried with 4 ayes and one nay. 10.D.2. Consider an ordinance rezoning 2.036, 2.346, and 3.027 acres totaling 7.409 acres of land from District C-1 General Commercial to District OS (Open Space). • (First Reading) Jim Stendebach, Planning Director made the staff presentation for 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 2.036, 2.346, and 3,027 ACRES TOTALING 7.409 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL TO DISTRICT OS (OPEN SPACE). 5 AUGUST 11,_1005 MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell • Nays: None Absent: Councilmember Clifford 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 Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None , Absent: Councilmember Clifford ACTION: The motion carried unanimously. 10.D.3. Consider an ordinance rezoning 0.641 and 2.36 acres of land from District SF-2 (Single Family-Standard Lot) to District PF-3 (Public Facilities-High Intensity); and 3.18 acres of land from District C-1 (General Commercial) to District PF-3 (Public Facilities- High Intensity). (First Reading) Jim Stendebach, Planning Director made the staff presentation for 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 ROUNDROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.641 AND 2.36 ACRES TOTALING 3.001 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 PF-3 (PUBLIC FACILITIES-HIGH INTENSITY); AND TO REZONE 3.18 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT PF-3 (PUBLIC FACILITIES-HIGH INTENSITY). MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas • Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. MOTION: Councilmember Salinas 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas 22 AUGUST 11, 2005 Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. 10.D.4. Consider an ordinance amending Chapter 11 Zoning of the Code of Ordinances (1995 Edition) to reduce the required lot size for multi-family lots to regulate the placement of heliports, to modify requirements for eating establishments within local • commercial shopping centers, to modify parking standards for medical office uses and to regulate the placement of parking spaces adjacent to commercial drive aisles. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.4408, 11.415.2, 11.423, 11.502, AND 11.800, CODE OF ORDINANCES (1995 EDITION), .CITY OF ROUND ROCK, TEXAS, TO REGULATE THE NUMBER OF ZONING DISTRICTS PERMITTED ON ONE LOT; AMEND THE MINIMUM LOT AREA IN THE MULTIFAMILY DISTRICT; TO .PERMIT AND ESTABLISH REQUIREMENTS FOR HOSPITAL HELIPORT USES; TO AMEND EATING ESTABLISHMENT REQUIREMENTS IN THE LOCAL COMMERCIAL DISTRICT; TO AMEND PARKING STANDARDS FOR MEDICAL OFFICE BUILDINGS; TO ADD THE DEFINITIONS OF "HELIPORT" AND "HOSPITAL HELIPORT"; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember • y ember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. MOTION: Councilmember Salinas 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 McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. RESOLUTIONS: • 11.A.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 Aguatic Center located at Old Settlers Park. James Hemenes, Parks Development Manager made the staff presentation. Effective September 1, 2001, Texas Local Government Code Section 271.113 allows cities to use certain methods other than competitive bidding in entering into contracts for construction of facilities. One such method is "Competitive 227 AUGUST 11, 2005 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 recommended 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 contract for construction of a new Aquatic Center located at Old Settlers Park, 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 Aquatic Center at Old Settlers Park. .The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of August 2005. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. 11.B.1. Consider a resolution adopting the 2005-2006 Second Program Year Action 0.• Plan, and authorizing the Mayor to make the necessary application to the Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds. Mona Ryan, Community Development Coordinator made the staff presentation. This is the 8th year the City has received CDBG funds. An agreement must be executed between the City and the Department of Housing and Urban Development prior to Community Development Block Grant (CDBG) funds being released. To date, 100% of these funds have been used to benefit low and moderate-income persons and families. These funds are used 22 AUGUST 11, 2005 for program administration, public facilities improvements, infrastructure improvements, park improvements, neighborhood enhancements, housing activities, and public.services. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Program, and WHEREAS, the City of Round Rock adopted the 2004-2009 Community Development Consolidated Plan (the "Plan") by Resolution No. R-04-07-22-13C1 on July 22, 2004, which • identified how.the City would use federal resources to.meet priority community needs, and WHEREAS, the City of Round Rock has prepared the 2005-2006 Second Program Year Action Plan, in accordance with the Plan and in compliance with HUD regulations, and WHEREAS, the City wishes to adopt said 2005-2006 Second Program Year Action Plan (the "2nd Year Action Plan") and make application for the available grant funds for specific projects and activities identified in the 2nd Year Action Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby adopts the 2005-2006 Second Program Year Action Plan, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the. Mayor is hereby authorized and directed to execute on behalf of the City the 2005-2006 Second Program Year Action Plan, which shall serve as the application to HUD for the available grant funds described 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 August, 2005. MOTION: Councilmember Rhode.moved to approve the resolution. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell. Nays: None Absent: Councilmember Clifford ACTION: The.motion carried unanimously. 11.6.2. Consider a resolution authorizing the Mayor to execute a Development Agreement with Merion 100, L.P. for the development of 99.52 acres of land. (Walsh Ranch) Jim Stendebach, Planning and Community Development Director made the staff presentation. The developer submitted a preliminary plat on August 2; 2005 based on annexation into the City. However, Hyland Joint Venture owns a 100-foot wide strip between the proposed development and the current city limits and is not willing to voluntary annex this strip. This results in the city being unable to annex the development tract. Therefore, the developer is forced to establish a development agreement and MUD to • services the tract. This development agreement provides for utility extensions, widening of Sam Bass Road, pro-rata payment for part of the traffic signal, extension of Behrens Parkway, waterline easements and a 15-acre park site. Mr. Stendebach outlined the Development Agreement adding that everything will be built to City.standards. RESOLUTION NO. t 229 AUGUST 11, 2005 WHEREAS, Merion 100, L.P. ("Developer") is in the process of filing an application with the City of Round Rock ("City") seeking the City's consent to the creation of a Municipal Utility District on property owned by the Developer, and WHEREAS, the City and Developer desire to enter into a Development Areement to assure that the property is developed and adequately provided with water and wastewater service in a timely manner, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF.ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Development Agreement with Merion 100., 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 11th day of August 2005 MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. 11.C.1. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the replacement of the • roadway bridge on Red Bud Lane (CR 122) over Brushy Creek. Tom Martin, Director of Transportation Services made the staff presentation. As part of the Red Bud Lane Paving and Drainage Improvements Project Phase III, it was the City's intent to construct a new northbound bridge over Brushy Creek, leaving the existing bridge in place. However, due to the availability of the Off-System Bridge Replacement/Rehabilitation Program funds, the . State has agreed to allow the.City to 'construct a new bridge that will replace the proposed structure and well as the existing bridge over Brushy Creek. The Texas Department of Transportation, under their Off-System Bridge Replacement/Rehabilitation Program, determined that the bridge on CR 122 (Red Bud Lane) over Brushy Creek is in need of repair. Under this program the cost of repairs/ rehabilitation is paid for using 90% federal funds and 10% local funds, which is $128,150.00. 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 Advance Funding Agreement for Bridge Replacement or Rehabilitation Off the State System ("Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding the replacement of the roadway bridge on Red Bud Lane (CR 122) over Brushy Creek, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this 2-3 AUGUST 11, 2005 Resolution and the subject matter hereof 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 August 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford ACTION: The motion carried unanimously. *11.C.2. Consider a resolution authorizing the Mayor to execute Change.Order No. 1 with Viking Construction, Inc. for the Street Maintenance Program Phase I/Slurry Seal - 2004. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Viking Construction, Inc. for the Street Maintenance Program Phase 1/Slurry Seal - 2004, 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 Viking Construction, 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 11th day of August 2005. COUNCIL COMMENTS: None EXECUTIVE SESSION: 13.A.1. 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. (Seton Hospital) The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by.Mayor Maxwell at 9:00 p.m. and adjourned at 9:33 p.m. The Council returned to the City.Council Chamber for adjournment. • ADJOURNMENT: There being no further business, the meeting adjourned at 9:34 p.m. R pectfully Submitted Christine R. Martinez,.City Secretary 2 AUGUST 17-18, 2005 The,Round Rock City Council met in Work Session on Wednesday, August 17, 2005 and Thursday, August 18, 2005 at the Balcones Springs Executive Retreat and Conference Center, 104 Balcones Springs Drive, Marble Falls, TX WEDNESDAY, AUGUST 17, 2005 CALL WORK SESSION TO ORDER - 9:00 A.M. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Also present were City Manager, Jim Nuse, Assistant City Manager, David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Communications Director Will Hampton, Planning and Community Development Director Jim Stendebach, Chief of Public Works Operations Tom Word, Transportation Director Tom Martin, Water and Wastewater Utility Director Tom Clark, City Engineer Danny Halden, Library Director Dale Ricklefs, Human Resources Director Teresa Bledsoe, Economic Development Executive Director Joe Vining, Convention and Visitors Bureau Director Nancy Yawn, Parks and Recreation Director Rick Atkins, Chief of Police Bryan Williams, Fire ,Chief Larry Hodge, and Olivia Robinson Executive Assistant to the Mayor and Council. CONSIDER WORK SESSION PLANNING AND VISIONING EXERCISE. • 3.A. Consider opening remarks by the City Manager. Mr. Nuse outlined the agenda for the retreat and briefly explained who would be making the presentation for each item. 3.B. Consider an update of the 2003 priority list. Mr. Nuse gave a brief history of the priorities of 2003 outlining the status of those priorities. The top five priorities are as follows: • Economic Development • Northeast Round Rock • Images and Edges • Transportation • Major Retail Strategy Economic Development • Current Status - Economic Development - Chamber Partnership Established • _ Sports Capital of Texas Established (DCI) Abatement Matrix Completed - Change I Property Tax - Sales Tax Review - Commercial Permits Review - Financial Management Policy - From 1-1-03 to 8-10-05, building permits have been issued for. 205 new commercial buildings and tenant finish outs with.a total value of $217,454,877.44. Scott Martinez of the Round Rock Chamber of Commerce outlined the Marketing Program. 232 AUGUST 17-18, 2005 Mr. Vining outlined the Round Rock Convention and Visitors Bureau accomplishments and the status of the Wayfinding/Gateways program. Mayor Maxwell asked that the Council be provided with a more detailed report of Ms. Yawn's travels. The report should include the following. • Perception of the program • List of needs • What are you hearing? • • What is the state of the city facilities Concerns and challenges for amateur events Ms. Yawn responded that she has been working with the Parks and Recreation Department, Sport Associations and individuals who host tournaments to see what is lacking and is working on where improvements can be made. Additional, points that the Council would like addressed is an outline of what will be invested and the projection on the return; a financial overview of what can and cannot be done; creation of a Performa that will expand and capture the Triple Crown tournaments. • Future Challenges/Opportunities.- Economic Development - Economic Development Partnership - Agreement Expires 9/20/05 - Review Benefits/Rewards - Future Budget Capacity - Reliance on sales tax Revenue threats - Regional changes/Partnership • ACC taxing District - Hospital Taxing District Staff Development EDP, LEAD, R2E2 Ms. Bledsoe outlined R2E2, which is the City's education program for all employees, Ms. Ricklefs outlined the EDP (Executive Development Program) available for employees who meet certain qualifications and LEAD (Leading Educating and Developing) from the University of Virginia for employees who meet specific qualifications. Northeast Plan • Current Status - Northeast Plan - Northeast Plan - Water line * Barton Hill 2.7 MG Elevated Water Tank * Water Master Plan * 36" East Water Transmission Line, Phase 2 - Sewer line • *Wastewater Master Plan and Wastewater System Model *Avery Farms Wastewater Interceptor - Higher Education Center - Seton/Scott_& White - Out front in planning for northeast corridor • Future Challenges Northeast Round Rock - Change of demographics -. Mix of uses - Public policy vs. private property rights Images and Edaes • Current Status Images and Edges 233: AUGUST 17-18, 2005 - Transportation - Boundaries have been defined Wayfinding Underway - Fences - Complete in two major arterials Regional Sewer Master Plan - Complete Regional Water Master Plan - Complete Long Term Approach for Fire Service Regional Agreements Subdivision Ordinance - Complete and ready for review Zoning Ordinance - complete and ready for review • - Tree Ordinance - complete and ready for review • Future Challenges Images and Edges - Jonah Water - Future Water - Utility Cost - Housing Mix - Convention Center Transportation • Current Status Transportation - List of completed projects for review provided to Council - Projects under construction/design for review within two years - Transportation Master Plan - Mid-Term Update (March 2004) - Public Transportation Master Plan - Draft - Transportation construction/Federal money - Toll Roads • Future Challenges Transportation - Rail/Transit Plan - Continued viability of 4B Corporation - Getting ahead of growth Maior Retail Strategy • - Buxton retail study has potential - Destination retail will broaden tax base, enhance image and add value to related business, restaurants, local shops,.etc. - Incentive strategies to maximize returns and see incentives as investments in the pursuit of strategic goals - Austin competition Georgetown - Cedar Park - competition • Current Status Major Retail - Simon/Chelsea under construction - IKEA announcement - Look at permits since '03 (retail) review - Sportsman Warehouse (Center) local center - Destination Retail Incentive - Re-development - McNeil Site - Grow with and around Dell 9diversify retail) • Future Challenges Major Retail - Target list of destination retail - Diversify beyond retail Revenue threats - Re-development - US 79 and Mays (HEB Shopping Center) 3.C. Introduction of Dick Bowers who will facilitate a visioning and planning • exercise. Mr. Hampton introduced Dick Bowers. Mr. Bowers gave overview of the visioning and planning exercise. Game Plan for Exercise • Review key policy direction (add/change as needed) • Be specific expectations/vision(s) • Know more about ourselves and each other • Strengthen the team • Ensure role clarity • Enjoy 234 AUGUST 17-18, 2005 Keep it Simple & Policy Level • Focus on policy level • Identify the most important things • Determine policy attention needed Address barriers & limitations • Commit to action • Follow through and measure Roles & Relationships in Local Government • Professional • • Public • Policies • Policy • Discussion of the undiscussables • A call to Imagine Possibilities In response to Mr. Bowers's questions, the Council relayed why they ran for office and what they wished to achieve as an elected official. The Council then participated in a brainstorming exercise on key issues. The Council divided into two groups to identify the primary areas that they want addressed. The results of the list are as follows: • Northeast including Higher Education Issues • Public Safety Costs (unions) * • Traffic /Transportation problems • Quality of Service measurement and communication for all city services • Image and appearance • Return on investment (ROI) on tourism and others • Local Government pride • Economic Development * • • Economic Diversity * Represented strong agreement between the two groups. The items with strongest agreement were discussed in detail to determine the expectations and outcomes of each item above. 3.D. Discussion of Iona-term vision and short-term goal setting for Round Rock. The following points were from a brainstorming session by the Council. The Council and staff discussed those points.. Economic Development • Great job by staff on IKEA store announcement • A key element is economic diversity for a stronger base • Commercial revenue slice • Recession Proof - Professional services - Not prone to outsourcing - Partnerships -Seton and Scott and White Bio-medical - Medical supplies • - Medical educators - Major Retail strategy continued - Auto related • Broaden the economic development efforts Economic Development Master Plan and Strategy • Continue the major retail strategy • Review the TIP Study and revisit the recommendations • Review the 2001 Study - Angelou Economics Representative of the Round Rock Chamber of Commerce made the following points: • Focus on what makes Round Rock unique • Pro-business 235_ AUGUST 17-18, 2005 • Politically stable • Round Rock has numerous assets - Second most educated community - Demographics indicate strong buying power - Diverse population - Tech-based community - Focus on target markets Additional points that the Council discussed are as follows: • Broaden the economic base • Current class "A" office inventory is inadequate • AW Grimes (Arterial B) has office development opportunities • Need to look differently as our economic development effort in investment and how we can leverage our assets • Need a Strategic Economic Development Plan with reachable goals, targets, capacities, and partnerships • What type of investment zones - Have been low-risk to date, may need to assess opportunities and consider more aggressive approaches • Example: a knowledge-based industrial park • Chandler Road and SH-130 connection will create great opportunity Tourism • See tourism as an ROI issue - If bigger and better facilities are built for sports.attractions, will there be a positive return and will the vision be met. • How can we maximize our stated image and be competitively attractive Texas Amateur Athletic Games will be held next year and will be the ultimate test of our capacity • The quality and condition of our fields is an issue , • Partner with School District • Need inventory or our facilities and a comparison to the quality of competition • Need to find land to start from scratch on expanding practice facilities to allow better use of primary space. • If we want to be the Sports Capital of Texas, are we willing to make the commitment that is needed to achieve it? Nancy Yawn commented that staff is looking at"off-field" events due to availability limitations and trying to explore a variety of sporting events. The Council continued their discussion of the following points. Image &Appearance • What is our identity? • How do others see us? • Image and appearance make a big difference in economic development • Flyovers are not positive images but we can plan accordingly especially since we are limited to influence the design or location • Need to have our identity elements clearly stated • Downtown development elements - Events to bring people to the downtown area - Draw residential attention - Encourage pedestrian oriented retail and restaurants • Need Downtown Plan to identify key elements and actions • "Chelsea" project is a good example of what we want Traffic &Transportation • Stay the course • Until we "get over the creek", we will have a bad situation • Consider mass transit and other alternate forms of moving around • What is impact of rail corridor, asset and/or liability Public Safety Costs • The Unions and the City of Austin compensation structure drive this issue • Need to develop a capital investment plan and communicate it effectively • Need to identify budgetary implications of increasing public safety costs and proactively inform the community on the concerns associated • Round Rock is not Austin • "Shadowing" "parity" are terms used with the historic commitment to establish public safety compensation structures • We can only deal with the fiscal constraints and impacts on Round Rock 236 AUGUST 17-18, 2005 • Need to understand the financial implications of the public safety policy • How do we reach a broader audience to discuss public policy issues • Public needs to take responsibility to be informed • We are seen very positively by our citizens • Discuss the outcomes and impacts of our efforts as well as the actions taken • Use same venues we use now like "Take 5" and make it "Take 10" • Use our strengths including the continuity of the Council and staff relationships and the relationship of trust that has been formed Northeast There was no detailed discussion on the northeast area at this time. The discussion • occurred during item 4C. The final long-term vision and short-term list, in no particular order is as follows: • Economic development which includes: Economic diversity - Tourism return on investment School district relationships • Image and appearance • Traffic and Transportation • Public Safety Costs • Northeast Corridor which includes: - Higher education related issues In conclusion, direction to staff was to develop. measurements and communication tools regarding the quality of.services provided in relationship to cost and demand. The format should be able to inform public and policy-makers. CONSIDER WORK SESSION TOPICS LISTED BELOW. 4.A. Legislative Update and discussion regarding Open Meetings, Conflicts of • Interest, Ethics Ordinance. Steve Sheets, City Attorney gave a legislative update regarding Open Meetings, Conflicts of Interest, Economic Development, and Municipal Courts. He gave a brief overview of the Ethics Ordinance and provided the Council with a binder that contains legislation they should become familiar with as they serve as Councilmembers. Legislative Consultants Susan Rocha and Randy Cain gave a legislative update on the City of Round Rock's Legislative Program for the 2005 Regular Legislative Session and various legislation that were successful and unsuccessful. They pointed out that Round Rock was successful in passing four out of five of its legislative initiative priorities during the 79th Regular Legislative Session. Following are Round Rock's successful and one unsuccessful initiative: 1. Competitive Seal Proposal for Street Projects of 1.5 million 2. Hotel/Motel Funds for Sports Facility Development • 3. Appointment of Civil Service Commissioners 4. Constitutional Amendment Regarding 380 Agreements 5. Tuition Revenue Bonds for Texas State University - Several attempts were made during the two special sessions to pass the tuition revenue bond bill for Texas State University Higher Education Center at Round Rock, but those were unsuccessful. The following legislation the City opposed was outlined: 237 AUGUST 17-18, 2005 • Appraisal Caps/Revenue Caps • Meet and Confer • Streamline Sales Tax • Developer Issues 4.B. Development Review process update Jon Sloan and Terry Hagood outlined the following fourth draft of the Development Review Process Plan. • Policy Issues 1. Fine tuning of the zoning and subdivision ordinances/DAC's/Tree ordinance interpretation to consider market issues of time and costs. 2. Standard form license agreement with staff si n-off exclusive 9 ( g ) / easements for water/wastewater/utilities 3. Consider reviewing TCEQ permits.in-house. Communication/Customer Service Issues 1. Staff needs to treat development community as customers. 2. Owner involvement at key points in the process. 3. Have representative of each department as participates in DRC at each meeting. 4. Establish a "Development University" that would include a development orientation, education process, certification process, and annual process review. Process Change Issues 1. Create a Permit Process Mission Statement that will include: purpose of plan review (review or design), acknowledge market concerns, and define reviewer authority. 2. Streamline subdivision acceptance process/plat recording process. • 3. Review structure of the DRC, submittal cycles, and ability to respond to decisions or interpretations outside of plan review. 4. Consider an appeals process for plan reviewers or inspectors. 5. Development of a web based electronic project tracking system. 6. Implementation of a site development approval process for projects with multiple phases of construction. 7. Implementation of a construction completion process for site development projects which do not involve structures; i.e., parking lots, stormwater ponds. (This would not require building permits or building inspections) Mr. Sloan noted that the mission is to achieve a quality project and to raise the expectations of the individuals who use the Plan. City staff would_ set the policy on the various levels. He added that this would be an ongoing project with a measurable way of expectation. In response to Council's question, Mr. Hagood explained that the development of the web based electronic project tracking system would be broad-based. Individuals will be able to see where they are in the process. The tracking system would be an .interactive tool, • which would give the owner and his design team accountability. Mayor Maxwell concluded that an individual would be hired by the City to oversee this process once the plan is finalized and staffs direction is,determined. 4.C. Northeast Plan and Annexation Plan Jim Stendebach made the presentation on the Northeast Plan and Annexation Plan. He outlined the maps for the following. • Land use ratio from 1990 to the present time 23 AUGUST 17-18, 2005 • Study area for the northeast • The existing area in the northeast • Roads, utilities, and flood plains of three municipal utility districts (MUD's) in the northeast area • The Simon, IKEA, Seton, University, Avery, and Nelson tracts • ETJ showing that Round,Rock is in three school districts RRISD, Hutto and Leander. • flood plain areas for the trail systems and the Jonah service area • Phase one and Phases 2, 3, and 4 opportunities for Chelsea, IKEA, Seton, etc. • Demographics of community needs to be considered • Opportunities for entertainment area and type of businesses we want to attract • • Opportunity to redevelop aging shopping centers Tom Clark outlined concerns and impact to Round Rock regarding the MUD's in northeast area and water issues if Jonah serves this area. He explained that negotiations are underway regarding the cost of the sewer line from this area to the treatment plant for two of the MUD's. 4.D. Long-Term Water Issues This item was addressed on Thursday, August 18. 4.E. Update on Wayfinding Program This item was addressed on Thursday, August 18.. 4.F. Higher Education Issues This item was not addressed during this work session. 4.G. Health Facilities and Services This item was not addressed during this work session. • 4.H. City and Round Rock Independent School District Relationship This item was not addressed during this work session. 4.I. Shared facilities with other agencies This item was addressed on Thursday, August 18. 4.J. Long-Term Police and Fire Planning Issues This item was addressed on Thursday, August 18. 4.K. Animal Shelter Options David Kautz made the following presentation regarding the current situation regarding the animal shelter options for the City. Current Situation. Currently, the City contracts with the Humane Society of Williamson County for pet licensing, fee collection, boarding, rabies observation, euthanasia,.and the reclamation of • impounded animals. The following figures represent the requests made the Humane Society to the City for services. • $100,000 cash for FY 2005-06, based on a monthly flat fee • $50,000 in FY 2005-06 in-kind services, including a vehicle 239 AUGUST 17-18, 2005 The current fee structure represents a significant increase from prior years, based on the City's agreement with the Humane Society operators that previous agency administration had undervalued the services provided to the City. Police Captain Tim Ryle made the following presentation regarding short-term and long-term alternatives regarding the animal shelter. • Short-Term Alternatives Until a long-term solution for the City's animal boarding and other services becomes available, the City will need a short-term solution for one or more fiscal years. Two alternatives are available. Continue with the Humane Society • For FY 2005-06, the Humane Society seeks $165,000 in cash funding. • The agency proposes no major facility improvements in the coming year. • The agency anticipates 2,000 City cats and dogs to flow through the Humane Society's Leander facility in coming year, for a cost-per-animal of $82.50. Contract with the City of Pflugerville • The City of Pflugerville seeks to expand/build new shelter facilities. Contracting with the City of Round Rock would offset some of the capital costs associated with such a move, providing short-term "win-win" for both cities. • For FY 2005-06, the City of Pflugerville seeks $84,000 in cash funding. That translates into a cost-per-animal of $42.00. • Pflugerville would handle boarding and care of animals, as well as a portion of the needed reclamation/adoption functions. • Round Rock would handle pet license registration and part of the reclamation/ adoption functions. - These services would be provided by the Animal Control Unit. - This proposal would delay the service impact"on the street" of the Animal Control Officer position proposed in the FY 2005-06 budget. • This contract would run one year, and Pflugerville's City Manager and Police Chief have provided assurances that Round Rock could extend its contract on a yearly or monthly basis, depending on the development of a long-term solution. Short-Term Recommendation • The City recommends short-term contracting with the City of Pflugerville, as it provides the best value to the citizens of Round Rock. • This option is roughly half of the cost of the Humane Society's proposed FY 05-06 contract. • Pflugerville has the ability to expand its operation and facility to provide our citizens with clean, quality animal boarding and care services. • The Round Rock Police Department is capable of establishing the administration necessary for this short-term option. - In addition, Round Rock Animal Control Unit personnel are trained to properly euthanize animals. - It should be noted that the proactive service benefits originally anticipated by adding an animal control officer position in FY 2005-06 likely would be postponed, as the Animal Control Unit picks up the services not provided by Pflugerville. • The Pflugerville facility is 5.1 miles closer to the Police Department than the Leander shelter, making it more convenient to our citizens and reducing the Department's fuel operating costs. • The Animal Control Unit would use the City website to assist residents with locating lost pets and finding animals to adopt. The Council discussed the options and expressed their concern regarding the impact on the employees conducting this service. Mayor Maxwell asked staff to consider keeping the full-time employee for weekend duties and suggested that an administrative person be hired to handle the registrations. 240 AUGUST 17-18, 2005 Long-Term Alternatives Build/operate a City Animal Shelter • Would require an estimated 8,500-square-foot building and five staff at a first year cost of approximately $1.2 million, of which $940,000 would be for the structure and equipment/furnishings. This estimate assumes the City would use existing city property for the shelter. • Annual operations would cost slightly more than $150,000. Become a part of the Williamson County Regional Animal Shelter • • Discussion began in October 2004 with the County and several other Williamson County cities. • A Georgetown site on the Inner Loop has been identified, and a project architect has been selected. • An Interlocal agreement between the parties has been drafted. • Currently, the proposed shelter is a 14,000-square-foot facility estimated to cost between $2.5 million and $3 million. The proposed shelter is expected to meet the parties' needs through 2016. • Initial construction costs would be fronted by the county, with the cities collectively reimbursing 50 percent of the construction cost to the county. The City's share likely will be 25 percent of total construction costs. • Annual shelter costs would be apportioned based on the annual number of animals each jurisdiction delivers to the shelter. Staff gave a brief overview of the Williamson County Regional Animal Shelter Master Plan. In conclusion, Mr. Kautz pointed out that the City needs to give the Humane Society a 90 days notice if the City intends to terminate the contract. Presentations and discussions concluded at this point for the day. The Council • addressed the following item. EXECUTIVE SESSION: S.A. Executive Session as authorized by X551.074 Government Code, related to the evaluation of the City Manager. The Executive Session was called to order at 5:26 p.m. and adjourned at 5:55 p.m. RECESS WORK SESSION UNTIL THURSDAY, AUGUST 18, 2005. There being no further business for the day, the work session recessed at 5:55 p.m. THURSDAY, AUGUST 18, 2005 RECONVENE WORK SESSION The Work Session was called to order at 8:30 a.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. • Also present were City Manager, Jim Nuse, Assistant City Manager, David Kautz, City Attorney Steve Sheets, Finance Director Cindy Demers, Communications Director Will Hampton, Planning and Community Development Director Jim Stendebach, Chief of Public Works Operations Tom Word, Transportation Director Tom Martin, Water and Wastewater Utility Director Tom Clark, City Engineer Danny Halden, Library Director Dale Ricklefs, . . . _:� 241 AUGUST 17-18, 2005 Human Resources Director Teresa Bledsoe, Economic Development Executive Director Joe Vining, Convention and Visitors Bureau Director Nancy Yawn, Parks and Recreation Director Rick Atkins, Chief of Police Bryan Williams, Captain Tim Ryle, Fire Chief Larry Hodge, and Olivia Robinson Executive Assistant to the Mayor and Council. CONSIDER DISCUSSION OF THE PROPOSED BUDGET AND TAX RATE. David Kautz made the staff presentation and outlined the following: • Financial Strategy - Strong economic growth over the past several years has provided significant financial benefits to the City. • Financial and Operating Plans are Well-Balanced • Rates, tax and utility are among lowest; cash reserves; program spending increased; pay-as-you-go • Financial Condition is Strong • Funding for operations is solid • Capacity for growth is available Mr. Kautz outlined the following graphs: • Property Tax Rate Comparisons (FY2005) • Sales Tax as a Percent of General Revenue (FY2005) • Commercial and Residential Property Values General Fund Revenue 2005-2006 Projected Total: $70.6 million • General Fund Revenue 2004-2005 Cindy Demers outlined the following: FY 2005-2006 Budget Approach • Implement Financial Management Policy • Deliver effective rate balanced budget to Council • 0 Provide all departments at least #1 priority to meet service demands and strategic goals • Strategic Budget FY2005-2006 Budget Summary • General Fund - $70.6 million • Debt Service - $10.3 million • New Programs and Service Level Highlights - 5 police officers, 4 dispatchers, 1 animal control officer - 14 firefighters - Rescue Program &Temp Station #7 - Economic Development Funding - Development Review Process Improvements - Various departmental support positions-planning, library - New senior activity center - Family aquatic center - Street maintenance programs - Employee performance management Financial Management Policy Obiectives • Sales Tax Component • Dell sales tax growth for general fund • Ms. Demers outlined the following: • Sales Tax Projects (FY 2005-2006 Sales.Tax Budget Estimate) • Proposed Property Tax • Commercial and Residential Property values • Current Tax Rate • M&O Rate • City's Financial Outlook FY 2006-2008 • Revenue 2006-2008 Sales Tax Projections • 2006-2008 Finance Management Policy Impact • FY2006-2008 Outlook Summary • Moderate overall economic growth • Optimistic sales tax projections 242 AUGUST 17-18, 2005 • General fund sales tax reliance increases • New programs requested vs. funded gap • Policy Impact • Preparations for financial impact of new facilities beyond 2008 • New city hall • West side recreation center Jim Nuse outlined the budget item regarding salaries for the police and fire. Teresa Bledsoe explained that when the market study was conducted, Austin and others in the metroplex were looked at for police and fire salaries. • Police Chief Williams outlined points regarding police salaries. He added the type of candidates that Round Rock wants to recruit and that some of the candidates are applying for both Round Rock and Austin. Chief Williams responded to Council's questions regarding the benefits and competition with Austin for good candidates. Ms. Demers outlined the following: Utility Budget Summary FY2005-2006 • Utility Fund - $27 million operating budget • Impact of BCMUD off-line • Planned 5% rate increase effective January 2006 • Budget Highlights - Reserve water costs-additional reserves through 2050. - Lake Stillhouse line operations - LCRA/BRA wastewater costs - Employee performance management - Capital improvement program. Rate Model Updates 2005 • • Implementation of impact fees • Wastewater plant operations an capital • Continual refinement of CIP • Debt issuance timing - $10 million water - $15 million wastewater • Proposed water/wa.stewater debt service graph • Revenue adjustments-update 2005 graph • Residential City utility rates • Commercial utility rates compared (monthly cost) graph • Combined monthly proposed tax and utility cost for average residential property Mr. Kautz outlined the following options to consider when addressing the public safety salaries: • Look at spending reduction • Budget is very tight and consequences would be seen if there were cuts • Phase in the increase tie it to natural revenue growth • Boost the tax rate • Be very liberal on programs The Council gave staff direction on what to bring back for their consideration • regarding the Police and fire salaries. DISCUSSION OF WORK SESSION TOPICS NOT'ADDRESSED ON WEDNESDAY, AUGUST 17, 2005. 4.D. Long-Term Water Issues Tom Clark made the following presentation. He outlined each point and responded to Council's questions. 243 AUGUST 17-18, 2005 Future Water Supplies Alternatives Background • Long term financial strategy in place to pay for infrastructure needed to deliver next water supply • Majority of cost will be paid through Impact Fees • Master Plans, Water Rate Study and Impact Fees updated in 2003-2004 • New Impact Fees are being collected (effective January 2005) in anticipation of developing future water system • Next water source will be expensive - first phase of treatment and delivery approximately $62 million • System needs to be in place by Summer 2010 • Several options under review and the direction staff will take, timing is critical to the City's future Last Retreat - Current Inventory (LCRA - Lower Colorado River Authority) (BRA - Brazos River Authority) Water Source Acre Feet Cost Stillhouse Hollow - 18,134 $953,292 Lake Georgetown - 6,720 353,050 Edwards Groundwater - 5,000 LCRA/BRA Contract - 11,444 620,000 Conservation / Reuse - 10,000 Total - 51,298 $1,926,342 LCRA/BRA under review - 2,540 Need and additional - - 4,000 Total 57,838 Last Retreat - 2022 to Buildout • Acre Feet - Lake Stillhouse Hollow 18,134 Lake Georgetown - 6,720 Lake Travis - 11,444 Edwards Ground Water - 5,000 Reuse 2010 - 2,500 2020 - 5,000 2030 - 10,000 Carrizo Ground Water - 6,254 Since Last Retreat • BRA can make 10,000 acre feet of water available from Lake Belton • HDR has studied various surface water alternatives - Lake Travis with Austin - Lake Travis with Cedar Park - Lake Travis Round Rock / Cedar Park - Lake Belton BRA 10,000 acre feet alternative • HDR Ground Water alternatives - Brazos Valley Water Alliance - Water Texas - Southwest Water Company • Espey Associates • _ BRA 10,000 acre feet permanent / temporary BRA Regional Ground Water • Preliminary Discussions with Cities of Austin, Cedar Park and Georgetown and BRA /LCRA - Austin - Water Plant Number 4 - Partnership with Cedar Park on Regional Facility - Georgetown transfer 6,499-acre feet of Lake Travis Water to Round Rock - BRA 10,000 acre feet in Lake Belton and potential regional plant - LCRA/Leander partnership in Raw Water Draft Study Results • BRA 10,000 Acre Feet is permanent • Ground water options or partnering with Austin are the most expensive options for Round Rock 244 AUGUST 17-18, 2005 • There are three alternatives with comparable costs ($355 to $365 Million over 45 yea rs) - 40.8 MGD Round Rock Plant, Partner with Cedar Park on Raw Water Intake and Raw Water Line - 40.8-MGD partner with Cedar Park on new Water Treatment Plant 18 MGD expansion of existing Round Rock System or BRA Regional Plant and 22.8 separate future plant Current Inventory Water Source Acre Feet Cost Stillhouse Hollow - 18,134 $953,292 Lake Georgetown - 6,720 353,050 Edwards Groundwater - 5,000 LCRA/BRA Contract - 11,444 620,000 Conservation / Reuse - 7,200 Total - 48,499 $1,926,342 .LCRA/BRA under review - 2,540 Need and additional - 6,499 Total 57,838 2022 to Buildout Acre Feet Lake Still house Hollow - 18,134 Lake Georgetown - 6,720 Lake Travis - 10,000 (2010) Lake Travis - 10,483 (2022) Edwards Ground Water - 5,000 Reuse Acre Feet 2010 - 2,500 2020 - 5,000 2030 - 7,200 • Issues • System reliability from the north • Catastrophic event at existing plant if all water treated at one site - Train wreck - Tornado - Terrorist attack • Drought tolerance minimized with multiple sources • Existing plant location hydraulic capacity and ability to make connections without a shut down • Lake Travis Options Georgetown turn in 6,499 acre feet Travis raw water so it is available - Cedar Park partnership in raw water only LCRA / Leander partnership • BRA Options Regional plant with BRA, Chisholm Trail and Georgetown BRA continued increases in raw water cost and operating costs make cost projections more volatile The Next Step • Finalize HDR and Espey Reports (September 8 HDR Report to Council) • Continue discussions and finalize Agreement • Acquire 2,540 acre feet from LCRA • Continue discussions with Georgetown to assign 6,499 acre feet of lake Travis water to Round Rock - Goal of October 2005 • After Council direction on September 9, select Engineer and Go To Work 4.E. Update on Wayfinding Program Joe Vining briefly outlined the Wayfinding and Gateways plan, the attractions and local facilities that will be targeted for the signage. He described the type of signs in the proposed .areas, Dell Diamond signage, and the sign request that is being proposed. Mr. 245 AUGUST 17-18, 2005 Vining added that this is still a work in progress and there are no provisions to allow these signs in TxDOT's right-of-way. He showed the sizes of the signage proposed for the park and on the highway. He introduced the icons the consultants created for the bats and gateway locations. The first phase is to get the signs up in Old Settlers Park since it will take some time to complete discussions and approval from TxDOT for the,signage in their right- of-way. 4.I. Shared facilities with other agencies The Council briefly discussed the idea of shared facilities with other agencies but a defined need should first be established. A next step would be for a group of individuals to come up with funding options. It was pointed out that the idea of shared facilities would be ideal for The Sports Capital tournaments but the City should not be the primary partner of the whole thing and the primary responsibilities should be established prior to entering into partnerships. 4.J. Long-Term Police and Fire Planning Issues Police Planning Issues Chief Williams made a presentation on the long-term needs for the Police Department and how the Tellabs building would fit into those needs. He explained the type of space that is needed now and in the future and the pros and cons of the site on Old • Settlers Boulevard at Greenhill and the Tellabs site for a Police Department. Fire Planning Issues Fire Chief Hodge made the following presentation. He outlined each point and responded to Council's questions. r MAG Inc. • In 2004, the City contracted with Management Advisory Group (MAG) of Woodbridge, Va. to assist with the development of a Strategic Deployment Plan recommending the best way to deploy RRFD Resources to benefit the entire community. MAG Recommendations • MAG recommendations considered such issues as - - Stations Locations - Equipment - Staffing - Emergency Medical,Services - Round Rock Volunteer Fire Department • - Intern Reorganization Fire Stations • Currently, have six fire stations. The newest is Station No. 6 on Joe DiMaggio that opened February 2005. • MAG recommended that five of the six fire stations be moved. Staff does not think this necessary or practical at this time. Short Term Plan 246 AUGUST 17-18, 2005 • Existing Station No. 2: - In design phase - Relocate to Blair & Bagdad, Feb/Mar. 2007 - Maintains coverage downtown - Maintains back up coverage for existing stations - Existing station to be demolished to make way for new City Hall. Short Term Plan • Construct new Station No. 7 in the Oakmont - Chandler Creek area by summer of 2007. This is currently in the design phase. • • In the interim, locate a temporary Station No. 7 in the Chandler Creek Business Park by September 1, 2005. Short Term Plan Leave current Station No. 4 at its present location and reduce response times to Forest Creek area by: - adding a Rescue to Station 4 - changes to Dispatching procedures - improvements in CAD - improving transportation issues Intermediate & Lona Term Plans • Station No. 7 to open summer/fall 2007. • Confirm sites for future locations by: - Use of GIS Mapping Software - ISO Consultant Planning - Coordination with Planning and Zoning - Coordination with Economic Development - Coordination with Public Works (ISO - Insurance Service Organization) Fire Apparatus • • Six First Line Engines • One First Line Ladder-Truck • One Brush Rig • Thirteen Staff Vehicles • Three Reserve Engines No Reserve Ladder-Trucks • No Reserve Brush Trucks • No Reserve Staff Vehicles • MAG recommended immediately adding two (2) additional Ladder-Trucks. Short Term Plan • Staff is currently negotiating with a neighboring department to purchase a Ladder-Truck that will be located at Fire Station No. 4 which brings the number of first line Ladder-Trucks to two (2). This significantly decreases Truck service response times to south Round Rock. • Reserve Engines - Reserve 1, due replacement in 2002/03 - Reserve 2, due replacement in 2000/01 - Reserve 3, due replacement in 1996/97 • Reserve 3, is not available for use due to extensive and costly repairs. • Bond Fund money to purchase two engines to be redirected to purchase • two Rescues and equipment, and one Ladder-Truck and equipment. • MAG recommended the addition of two (2) person Rescue units housed with existing Engine/Ladder-Truck Companies for EMS calls, reduced response times and increased staffing. Short Term Plan • Add a Rescue Unit to temporary Station No. 7 September 1, 2005, initiating Rescue Service in Round Rock, increasing staffing levels and reducing response times in northeast and northwest Round Rock. • Add a Rescue Unit to Station No. 4 October 1, 2005, to reduce travel times to Forest Creek and increase staffing in southeast Round Rock. 247 AUGUST 17-18, 2005 • Rescues generally reach the incident scene sooner than larger apparatus and are staffed by a firefighter EMT and a firefighter paramedic. Staffing Issues • MAG & IAFF Reports recommended increased staffing levels to comply with NFPA 17.10 Staffing Levels. • Initial Full Alarm Assignment Capability.Deployed within 8 minutes. • 15-personnel required. P • 17-personnel required if aerial device and supply pump are in operation. • • Current - RRFD responds four Engines, one Ladder Truck, and one Battalion Chief for a minimum of 16 Fire Fighters to a structure fire. • Generally meet the NFPA 1710 requirements for personnel. • Focus on response times Short & Intermediate Plan • The City has hired and assigned 26 additional.firefighters to fire suppression and made 24 promotions since December 2004. • Twelve additional promotional opportunities are available with the addition of 12 captains in October 2005; however, no additional FTE's are added as a result. • Seven additional firefighters are scheduled to be hired April/May 2006 and 12 additional firefighters will be hired to staff Station No. 7 summer/fall 2007. Current - Shared Facilities • Williamson County EMS - 4 facilities - Should Williamson County EMS pay its cost for sharing facilities? • Round Rock Volunteers - 4 facilities Should Round Rock Volunteer Fire Department pay its cost for sharing facilities? • Should staff seek to share facilities & costs with other fire service organizations to reduce the number of and costs of fire stations? - Georgetown - Sam Bass - Cedar Park Hutto Automatic Assistant Agreements • Should staff pursue Automatic Assistance Agreements with neighboring fire service organizations? Automatic Assistance/Aid provides for the,Jnitial responses of predetermined apparatus, equipment and staff to specific geographical areas and sites thus adding additional.responders and resources to local incidents. Emergency Medical Services • Should staff pursue a Service Agreement with Williamson County EMS for ambulance services in Round Rock? • Should staff pursue establishing EMS SOPs/SOGS for RRFD services towards meeting NFPA 1710 recommendations? • Should Williamson County EMS have a role in reducing response times for medical alarms? • Should staff pursue an objective of implementing EMT/P services in RRFD? Round Rock Volunteers • Met with Round Rock,Volunteer. Fire Department (RRVFD) to discuss future plans • October - assign Round Rock Fire Department (RRFD) Captain as liaison as team • coordinator to begin conversion of RRVFD into RRFD. • Need to Contract with Williamson County to provide fire protection, rewrite existing Agreement with RRVFD to proceed. • Need legal support for deciding issue of equipment belonging to RRVFD Williamson County Alarms • Issues with striping the City on Williamson County alarms • Issues with Round Rock paying fire protection costs for MUD'S APPOINTMENTS: 248 AUGUST 17-18, 2005 11.A. Consider 2 appointments to the Round Rock Transportation System Development Corporation. This item was placed on the agenda for Council's consideration due to recent difficulties in acquiring a quorum for necessary meetings of the Board. One appointment is needed to fill the unexpired term of Ruth Koughan and one appointment is needed to fill the unexpired term of former Councilmember Gary Coe. The position vacated by former Councilmember Coe needs to be filled by another Councilmember. The terms for • both vacancies expire in November 2005. Letters of interest were submitted by Laurie McAnally and Charles Shriver. MOTION: Councilmember Salinas moved to appoint Councilmember Joe Clifford to the Round Rock Transportation System Development Corporation by acclamation. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Honeycutt Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to appoint Laurie McAnally to the Round Rock Transportation System Development.Corporation by acclamation. Councilmember • Honeycutt seconded the motion. VOTE: Ayes: Honeycutt Councilmember Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell. Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further discussion, the meeting adjourned at 3:54 p.m. R pectfully submitt , Christine R. Martinez, City Secretary 249 AUGUST 19, 2005 The Round Rock City Council met in a Special Called Session on Friday, August 19, 2005, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:30 A.M. Mayor Maxwell called the session to order at 7:30 a.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan • McGraw, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Councilmember Rufus Honeycutt was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. RESOLUTIONS: 3.A.1. Consider a resolution, which places a proposal to adopt the City of Round Rock property tax rate on the agenda of a future Council meeting, and sets a date, time and place for two public hearings on the proposed 2005 property tax rate. Cindy Demers, Finance Director made the staff presentation. Last year, the. City's property tax rate was $0.37972. That rate raised $20,209,213, a portion of which was used to fund operations such as: Police, Fire, Library, Transportation, Parks and Recreation, Municipal Court, Legal Services, Planning and Community Development, Support Services, Administration and Debt Service on Long-Term Debt. This year, the City is proposing a property tax rate of • $0.37704. This rate would raise $21,367,050, which is $1,157,837 more than taxes imposed last year. There will be two public hearings to consider.that increase. The first public hearing will be held on August 30, 2005, at 7:00 p.m. in the City Council Chamber. The second hearing will be held on September 8, 2005, at 7:00 p.m. in the City Council Chamber. Ms. Demers added that approval of this resolution does not adopttheproposed rate it only allows the Council consideration of the rate. RESOLUTION NO. WHEREAS, Chapter 26 of the Property Tax code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. Seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS, the City of Round Rock's 2005 proposed tax rate exceeds the effective rate, and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of two public hearings on the proposed property tax rate, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the.first public hearing on the 2005 proposed property tax rate be held on the 30th day of August, 2005, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas, and the second public hearing on the 2005 proposed property tax rate be held on the 8th day of September, 2005 at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. That the ordinance to adopt the 2005 proposed property tax rate be placed on the agenda on the September 8, 2005 meeting of the Round Rock City Council as a action item on which a record vote of the first reading will be taken and recorded. That the ordinance to adopt the 2005 proposed property tax rate be placed on the agenda of the September 22, 2005 meeting of the Round Rock City Council as an action item on which a record vote of the second reading and final adoption will be taken and recorded. 250 AUGUST 19, 2005 That the City Council hereby approves the form of the attached Notice of Public Hearings on Tax Increase, attached here to as Exhibit "A" and incorporated herein for all purposes, and directs the City Secretary to publish same in accordance with the provisions of Section 26.06 of the Texas Tax Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 19th day of August 2005. • MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Honeycutt ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 7:37 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • • 251 AUGUST 25, 2005 The Round Rock City Council met Regular Session on Thursday, August 25, 2005, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 6:15 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, and Councilmember • Scott Rhode. Councilmember Carlos T. Salinas arrived as the Council was entering the Executive Session. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. EXECUTIVE SESSIONS: 3.A. Executive Session as authorized by X551.074 Government Code, related to evaluation and compensation for the City Manager. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 6:21 p.m. and adjourned this item at 7:10 p.m. The following items were addressed at the end of the meeting. 3.B. Executive Session as authorized by 8551.072 Government Code related to the purchase of a portion of Lot 1, Block A, Oakmont Centre, Section Seven 1.377 acres for the future Fire Station No. 7. • 3.C. Executive Session as authorized by 8551.072 Government Code related to the purchase of 0.161 acres for the Sam Bass Road Project. (Central Texas Retail Portfolio) 3.D. Consider Executive Session as authorized by F551.072 Government Code to consider the acquisition of Lot 1, Final Plat of Tellabs Subdivision approximately 75 acres for the future police station. CALL REGULAR SESSION TO ORDER - 7:15 P.M. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None • PROCLAMATIONS: None PRESENTATIONS: 9.A.1. Consider a presentation regarding the Government Financial Officers Association Budget Award. Cindy Demers, Finance Director made the staff presentation. The City has received the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada for FY 2004-2005. This award represents a significant achievement by the City of Round Rock. It reflects the commitment 252 AUGUST 25, 2005 of the Council and staff to meeting the highest principles of government budgeting. In order to receive the budget award the City had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the City's budget serves as a policy document, a financial plan, an operations guide, and a communications device. Achievement of the award indicates that the City's budget meets rigorous criteria and provides information in a nationally standardized manner. Bond rating • agencies, investors and other parties interested in the City finances look upon the documents and processes of award recipients as having greater clarity and validity. 9.B.1. Consider a presentation regarding the Transportation Capital Improvement Program (TCIP) quarterly report. David Bartels, Transportation Services Project Manager made the staff. The 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. Mr. Bartels gave a brief overview of item the Board addressed this quarter. He also gave an update on the following projects. • A.W. Grimes Phase II - Notice of Award • IH-35 Area Improvements - Bid Opening • Traffic Signals - Notice of Award RM 620 at Round Rock Hospital • Bid Opening Old Settlers Blvd. and Sunrise Gattis School Road and Meister Lane - Gattis School Road and Double Creek Drive • Red Bud Lane Phase III - Advanced Funding Agreement with TxDOT • Under Construction - FM 1460 - TxDOT Managed Project - Double Creek Drive Phase II - Forest Creek Drive - Red Bud Lane Phase I - Red Bud Lane Phase II 9.C.1. Consider a presentation regarding awards to the Round Rock Convention and Visitors Bureau from the Texas Association of Convention and Visitors Bureau. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. Ms. Yawn reported that the Round Rock Convention and Visitors Bureau received eight first-prize awards this year for its one-year-old Sports Capital of Texas marketing campaign. The Bureau won four of five People's Choice Award categories it entered and two of the Judge's Award categories from the Texas Association of Convention and Visitors Bureau. The Bureau was recognized • for its sports marketing campaign, marketing video, local awareness campaign and website. In January, the Bureau won its first prize of the year in the category of Best Tourist Bureau Web Site by the North American Travel Journalists Association. In June, the Chair, which is the most visible of the bureau's marketing tools is a folding red, white and blue nylon chair, was named the first prize winner in the Best Use of Promotional Item category by the Texas Association of Municipal Information Offices. 2 5 3 AUGUST 25, 2005 9.C.2. Consider a presentation of the Tourism Commission's recommendations for Event Funding for 2005-2006. This item was withdrawn from the agenda at the request of staff. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by • one motion. There was no separate discussion on any of these items. Item 12.C.4. was removed from the consent agenda and regular agenda. *11.A. Consider approval of the City Council minutes for August 11, 2005. *12.A.1. Consider an ordinance amending the 2004-2005 Hotel Occupancy Tax Budget (Second Reading) *12.C.4. Consider an ordinance rezoning 2.05 acres of land from District LI (Light Industrial) to District PUD No. 63 (Planned Unit Development). (Second Reading) This item was withdrawn from the consent and regular agenda at the request of staff. *13.B.1. Consider a resolution authorizing the Mayor to execute a contract with Phoenix Irrigation for the Greenhill Park Development Proiect. *13.C.1. Consider a resolution authorizing a property tax refund to TJX Companies Inc. for 2004 taxes in the amount of$627.94. *13.D.1. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 1 to the Contract for Engineering Services with PBS&J Inc. for the extension of Palm Valley Boulevard east of Mays Street westerly to RM 620. MOTION: Councilmember Honeycutt moved to approve all the remaining items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *11.A. Consider approval of the City Council minutes for August 11 2005 This item was approved under the consent agenda. • ORDINANCES: *12.A.1. Consider an ordinance amending the 2004-2005 Hotel Occupancy Tax Budget (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE 2004-2005 HOTEL OCCUPANCY TAX BUDGET. 12.B.1. Consider an ordinance amending Chapter 10, Sections 10.100 and 10.200 of the Round Rock Code of Ordinances (1995 Edition) regarding water and sewer fees and 254 AUGUST 25, 2005 utility billing policies. (First Reading] Tom Clark, Utilities Director made the staff presentation. This ordinance updates bulk water meter fees, meter deposits, charges for additional trips and fees to move bulk water meters that will allow the City to recover its cost for providing these services. Water meter deposits are being increased and residential customer's deposits-will be refunded after one year's timely payment. The time required to pay a late bill is being extended and discontinuing the Medicaid Exemption was • recommended. Additional language was added to prevent the planting of plants or building structures that hamper our ability to read meters and customers will be allowed a variance for documented water leaks with a plumber's statement. The Utility Billing Policies and Procedures are being updated to allow for cost recovery to provide services, streamline fees and rates, minimize overtime costs and bring fees in line with surrounding communities. The Council and staff discussed the discontinuance of the Medicaid Exemption. In addition, Mr. Clark responded to Council's question regarding the implementation of the new regulations and how residents will be informed. ORDINANCE NO. AN ORDINANCE AMENDING CITY OF ROUND ROCK, TEXAS, CODE OF ORDINANCES (1995 EDITION), CHAPTER 10, SECTION 10.100 RELATING TO GENERAL WATER AND SEWER SYSTEM POLICIES AND SECTION 10.200, RELATING TO WATER AND SEWER RATES AND UTILITY BILLING POLICIES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Mayor Pro-tem McGraw moved to amend the ordinance by retaining the Medicaid exemption. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to adopt the ordinance with the approved amendment. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 12.C.1. Consider an ordinance amending the General Plan to include a summary of the proposed Northeast Plan and revising the Future Land Use Map. (First Reading) Jim Stendebach, Planning Director made the staff presentation. This proposed ordinance will amend the Future Land Use Map contained in the General Plan in accordance with the recommendations of the Northeast Plan. The proposed amendments were discussed at a presentation to the Council on July 14, 2005, and at a public hearing on August 11, 2005. In 255 AUGUST 25, 2005 the analysis of the Northeast Plan, the changes to the Future Land Use Map are centered on the IH-35 corridor and are intended to reflect current market conditions. In addition to the changes to the Future Land Use Map, the proposed ordinance will add a small section to the text of the General Plan referencing the Northeast Plan. In this way, the rationale behind the amendments to the Future Land Use Map and the policy guidelines for implementing zoning changes included in the Northeast Plan will be linked to the overall land use development goals presented in the General Plan. The amended version of the Future Land Use Map uses the City's new extraterritorial jurisdiction (ETJ) boundary rather than the ETJ used in the 2000 version of the map. Because there are differences between the old ETJ boundary and the new ETJ boundary, certain areas within the boundary of the new ETJ do not have future land use designations. These areas will be addressed in subsequent phases of the General Plan update. 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 CHAPTER 5; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 12.C.2. Consider an ordinance adopting the Northeast Plan. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. One of the goals from the 2003 City Council retreat was to focus on development in the northeast quadrant of the City. Since that time, City staff has been busy laying the groundwork and negotiating development packages for some significant developments at IH-35 and Chandler Road, including the Round Rock Premium Outlets and Ikea store. At the same time, staff has been focused on the overall development prospects 2 5 .6 AUGUST 25, 2005 for all of northeast Round Rock, primarily assessing the compatibility of the City's long range goals and Future Land Use Map with current and future market conditions. In order to keep pace with the rapid rate of development in the northeast, this plan (the Northeast Plan) has been divided into four phases, beginning at IH-35 and eventually ending at SH 130. As each phase is completed and adopted, it will be added to the Northeast Plan, thus building the contents of the plan incrementally. The first phase covers the IH-35 corridor, • including the intersection of IH-35 and Chandler Road, and makes recommendations for amending the Future Land Use Map contained in the General Plan. ORDINANCE NO. AN ORDINANCE ADOPTING THE "NORTHEAST PLAN" FOR THE CITY OF ROUND ROCK TO PROVIDE A GUIDE FOR DETERMINING THE APPROPRIATE ZONING DESIGNATIONS IN NORTHEASTERN ROUND ROCK; TO ESTABLISH THE BOUNDARIES OF THE PLAN AREA; AND PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.C.3. Consider an ordinance amending Chaoter 8 of the Round Rock Code of Ordinances (1995 Edition) regarding inspection fees, electronic plats and requirements for amending plats. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The following amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Subdivision • Ordinance in 2004. Inspection Fees (Section 8.116) The inspection fee for public improvements was inadvertently omitted with the adoption of the new Subdivision Ordinance in 2004. The proposed fee is the same fee charged under the former ordinance. The inspection fee is equal to one and one-half percent of the actual 257 AUGUST 25, 2005 total construction costs of installing and constructing the public improvements being inspected. Electronic Plats (Sections 8.204. 8.206, 8.207, 8.208, 8.209) The current ordinance requires the submittal of electronic plats along with traditional reproducible plats. Electronic plats, specifically for final plats, are essential in maintaining the accuracy of the city's Geographic Information System (GIS) whereas electronic plats for Concept Plans are used for utilities modeling. ' Under the current system, applicants turn in electronic plats during the staff review and comment period, which falls roughly in the middle of the 30-day plat review cycle. The intent is to provide the applicant with the opportunity to make changes to the plat based on staff comments and corrections. Unfortunately, applicants have not been submitting the electronic plat during the review period; city staff has had to repeatedly follow-up with applicants to acquire electronic files. In some instances, electronic files have never been submitted. To eliminate this problem, staff recommended that electronic plats be submitted earlier in the plat cycle, specifically in accordance with the official filing date for Concept Plans, Final plats, Minor Subdivision Final Plats, Replats and Amending plats. Should electronic plats be missing from the official filing application, staff will have the ability to reject the application at the outset of the plat • cycle because it is incomplete. The electronic plat for the Preliminary Plat will continue to be accepted during the staff review period, because this phase of plat development is more prone to changes than the final plat phase. Enciineer requirements for Amending Plat (Section 8.209) The current ordinance requires that the Developer's engineer prepare an Engineer's Report in order to certify Amending Plats. In the majority of cases, the Amending Plat is used simply to correct minor errors or make minor adjustments to a recorded plat. In order to reduce application costs for Amending Plats, staff proposes that the City Engineer have the authority to waive the requirement of an Engineer's Report for Amending Plats. In addition, staff recommended that the City Engineer may waive the requirement for an Engineer's Report when lots are being consolidated under a single owner or when lot lines are being adjusted and no alterations or expansions to the existing public improvements are necessary. • ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 8.116, 8.204, 8.206, 8.207, 8.208, 8.209, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE FEE SCHEDULE; TO AMEND REQUIREMENTS FOR CONCEPT PLANS, FINAL PLATS, MINOR SUBDIVISION FINAL PLATS, REPLATS AND AMENDING PLATS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt 258 AUGUST 25, 2005 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *12.C.4. Consider an ordinance rezoning 2.05 acres of land from District LI (Light Industrial) to District PUD No. 63 (Planned Unit Development) (Second Reading) • This item was removed from the agenda at the request of staff. 12.D.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 1.377 acre parcel of land for the Fire Station #7 Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (First Reading) This item was addressed after the Executive Session. 12.D.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.161 acre parcel of land for the Sam Bass Road Project, and if necessary; authorizing the City Attorney to initiate eminent domain proceedings. (Central T.R. Austin Retail Corp.) (First Reading) This item was addressed after the Executive Session. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract for the purchase of 0.161 acres with Central T.R. Austin Retail Corp. for the Sam Bass Road Project. This item was addressed after the Executive Session. *13.B.1. Consider a resolution authorizing the Mayor to execute a contract with Phoenix Irrigation for the Greenhill Park Development Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Greenhill Park Development Project, and WHEREAS, Phoenix Irrigation has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Phoenix Irrigation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Phoenix Irrigation for the Greenhill Park Development Project. The, City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of August 2005. *13.C.1. Consider a resolution authorizing a property tax refund to TJX Companies Inc. for 2004 taxes in the amount of $627.94. This item was approved under the consent agenda. RESOLUTION NO. 259 AUGUST 25, 2005 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, TJX companies, Inc. has made an overpayment or erroneous payment of 2004 taxes in the amount of $627.94; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $627.94. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of August 2005. 13.C.2. Consider a resolution approving the funding of certain capital projects from the General Self-Financed Construction Fund. Cindy Demers, Finance Director made the staff presentation. Earlier this year, staff gathered a list of priority projects from all City departments. Through review with the City Manager as well as feedback from the City Council, a list that identifies the priority projects was created resulting from this process. This resolution approves the list of priority projects for the City's Self-Financed Construction • Fund. This list contains existing projects currently in progress and previously approved through prior year budget revision transfers as well as additional projects identified through this year's prioritization process. The additional projects will be funded with the amounts available from FY 2004 and the anticipated FY 2005 transfer from the City's General Fund. In order to track funding sources for the projects, staff segmented the projects into annual spending plans. Ms. Demers outlined the following list. Funding Sources Pre 2004 Amount for Projects in Progress 4,414,000 2004 Available 5,000,000 FY 2005 Estimated End of Year Transfer 3,000,000 Total Funding Sources $12,414,000 Uses Self-Financed Project Budget Pre.2004 Remaining Proiects CR 122 1,600,000 Police Mobile Data Terminal Project 600,000 Reuse Water at OSP 764,000 City Software and Network Upgrades 290,000 Downtown/Correa Property Purchase 1,160,000 Total Pre 2004 Remaining Projects $4,414,000 2005 Capital Spending Plan Fire Station #7 and Rescue Program 2,000,000 Golf Course Loan 1,000,000 Old Settler's Park Improvements 750,000 Round Rock West Streets 500,000 Gattis School Road corridor Enhancement 250,000 Animal Shelter (regional program) 500,000 Total 2005 Capital Spending Plan $5,000,000 266 AUGUST 25, 2005 2006 Capital Spending Plan Police Building Construction 3,000,000 Total Self-Financed Construction Projects $12,414,000 *Total Project estimated at $20,000,000 - Additional Funding Required RESOLUTION NO. WHEREAS, the City Staff and the City Council have studied and assessed the needs • of the City for certain capital projects, and WHEREAS, the City Council desires to prioritize and fund these needed capital projects from the Self-Financed Construction Fund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the list of capital projects along with their estimated costs as shown in Exhibit "A", attached hereto and incorporated herein, are approved for funding from the General Self-Financed Construction Fund. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 August 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.C.3. Consider a resolution approving the action of the Transportation System Development Corporation concerning the State Infrastructure Bank Loan Agreement with the State of Texas for the IH-35 Area Improvements from Chandler Road to Westinghouse Road. Cindy Demers, Finance Director made the staff presentation. The Round Rock Transportation System Development Corporation made an application to the State Infrastructure Bank (SIB) for a loan not to exceed $7 million for the improvements along IH35 from Chandler Road to Westinghouse Road. The 4B Corporation previously obtained two loans from the SIB totaling $31 million for the SH45 frontage road projects. Following are the terms of the loan. Loan terms: 4.0% per annum to maturity 15-year amortization with equal annual principal and interest payments • No debt service reserve requirement Subordinate lien position No additional bonds test The loan will be repaid from the 1/2 % sales tax dedicated to transportation improvements. RESOLUTION NO. WHEREAS, the Board of Directors of the Round Rock Transportation System Development Corporation ("RRTSDC") wishes to enter into a State Infrastructure Bank Loan Agreement with the State of Texas for the IH-35 from Chandler Road to Westinghouse Road Project, and WHEREAS, the City Council wishes to approve of such action, Now Therefore 261 AUGUST 25, 2005 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into a State Infrastructure Bank Loan Agreement with the State of Texas to borrow up to $7,000,000 for the IH-35 from Chandler Road to Westinghouse Road Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of August 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Contract for Engineering Services with PBS&J Inc. for the extension of Palm Valley Boulevard east of Mays Street westerly to RM 620. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with PBS&J for the extension of Palm Valley Boulevard east of Mays Street westerly to RM 620, and WHEREAS, PBS&J has submitted Supplemental Agreement No. 1 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with PBS&J, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Contract for Engineering Services with PBS&J, 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 August 2005. 13.E.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Texas Department of Transportation for temporary water meters along • SH-45. Tom Clark, Director of Utilities made the staff presentation. The Texas Department of Transportation (TXDOT) is building State Highway 45 within the corporate boundaries of the City and will install six-1.5" and three 1" temporary irrigation water meters to establish vegetation in medians and other areas of the project. Since the meters are temporary, TXDOT requested that the $164,043 impact fee be waived. This agreement will terminate in three years and the meters will be removed. Staff recommended that the request be granted. 262 AUGUST 25, 2005 RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Texas Department of Transportation for temporary water meters along SH-45, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement 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 25th day of August 2005. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: Councilmember Salinas ACTION: The motion carried with 5 ayes and 1 nay. 13.F.1. Consider a resolution authorizing the Mayor to execute a Real Estate contract for the acquisition of approximately 75 acres, with Penta Jeffrey Way, L.P., for the • future police station. Bryan Williams, Chief of Police made the staff presentation. The Police Department has been planning the construction of a new headquarters building since City voters approved $7 million in bond funding for a new building in 2001. A tract was purchased since that time, but in early 2005, preliminary discussions began with the Tellabs Property owners about locating the Department in that facility. Although significant renovation would be required of the existing building, the tract would be significantly larger than the original property purchased. The larger-sized tract would allow for master planning to place several training facilities all at the same site. The proposed purchase would provide a facility that allows for the Police Department's expansion into the foreseeable future. In addition, the land attached to the building and related facilities would allow the development of significant public safety training facilities that would provide long-term benefits to the City. The Police Department's Community Strategic Planning Committee reviewed the proposal this summer. That group gave the project its support. • RESOLUTION NO. WHEREAS, the City desires to purchase a tract of land known.as Lot 1, Final Plat of Tellabs Subdivision (a replat), a subdivision in Williamson County, Texas, also known as 601 Jeffrey Way, for the new Police Department building, and WHEREAS, Penta Jeffrey Way, L.P., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Sale of Real Property with Penta Jeffrey Way, L.P., for the purchase of the 263 AUGUST 25, 2005 above described property, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of August 2005. MOTION: Councilmember McGraw moved to approve the resolution with the amendment that the amount of the earnest money is $10,000 and not $100,000. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13.G.1. Consider a resolution directing the Planning Director to prepare a service plan concerning the annexation of certain areas of land located in Williamson County Texas Jim Stendebach; Planning Director made the staff presentation. These tracts of land are located within the City of Round Rock's ETJ and Williamson County. The Seton and Chandler ROW tracts include the new Seton Medical Center site and adjacent roadways. J Y The medical center is located adjacent to the new Texas State University campus. The annexation of the adjacent roadways at this time allows the City to annex lands further to the east. The remaining ROW tracts are portions of county roads that are part of the City Master Transportation Plan. It is the City's desire to have them annexed into,the city limits in order to expand the Arterial Roadway system and provide consistent police and fire protection. A description of the tracts are Seton and Chandler ROW tracts: 71.52 acres out of the Abel Eaves and Barney Low Surveys (Seton Medical Center); 0.324 acres out of the Abel Eaves and Joseph Mott Surveys (Nelson Homestead Family Tract); 6.019 acres of land out of the Abel Eaves and Joseph Mott Surveys (FM 1460); 6.913 acres of land out of the Barney Low and Abel Eaves Surveys (Chandler Road); CR 122 ROW: 12.622 acres out of the Joseph Marshall, Willis Donahue and Robert McNutt Surveys (CR 122);and Louis Henna Blvd. &A.W. Grimes Boulevard ROW: 0.46 acres out of the Memucan Hunt Survey (CR 170) 5 i • and 4.399 acres out of the Memucan Hunt Survey (Louis Henna Boulevard). RESOLUTION NO. WHEREAS, Section 43.065(a) of the Texas Local Government Code requires that, within certain specified statutory timeframes, the City Council of the City of Round Rock must direct the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the areas which are proposed for annexation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby directs the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the following areas proposed for annexation, said properties being further described in Exhibit "A" attached hereto and incorporated herein for all purposes: 264 AUGUST 25, 2005 (1) Seton and Chandler ROW (71.52 acres, 0.324 acres, 6.019 acres, and 6.913 acres); (2) CR 122 ROW (12.622 acres); and (3) Louis Henna Boulevard & A.W. Grimes Boulevard (0.46 acres, and 4.399 acres). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public .as required by law at all times during which this Resolution and the subject matter hereof 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 August 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.A. Consider discussion and/or action regarding evaluation and compensation for the City Manager. Councilmember Rhode reported that the Council concluded their evaluation of the City Manager,.which was overwhelmingly favorable. In determining the amount of a pay increase for the City Manager, the Council looked at the market-based salary survey the City conducts to compare its pay schedule to municipalities locally and statewide. Positions falling below 10% of the midpoint of average salaries are granted salary increases. The City Manager is not a part of that equation. His current salary is 16% below the market. They looked at the benchmark for a merit increase, which is 2.5% to 6% and determined that Mr. Nuse's increase would be 4%. It was the consensus of the Council that Mr. Nuse deserves more than a 4% raise, like a lot of employees, but they are trying to stay within the constraints of the budget. MOTION: Mayor Pro-tem McGraw moved that the City Manager receive a 4% increase in pay effective with the next pay period. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell . Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Maxwell noted that the Round Rock Higher Education Center opened its doors yesterday (August 24) to its first students. He added that this has been a goal and dream of many individuals in the community. 265 AUGUST 25, 2005 3.B. Executive Session as authorized by X551.072 Government Code, related to the purchase of a portion of Lot 1, Block A, Oakmont Centre, Section Seven, 1.377 acres, for the future Fire Station No. 7. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 8:41 p.m. and adjourned this item at 8:50 p.m. • 3.C. Executive Session as authorized by 8551.072 Government Code, related to the purchase of 0.161 acres for the Sam Bass Road Project. (Central Texas Retail Portfolio) The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 8:51 p.m. and adjourned this item at 8:55 p.m. 3.D. Consider Executive Session as authorized by $551.072 Government Code, to consider the acquisition of Lot 1, Final Plat of Tellabs Subdivision approximately 75 acres for the future police station. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 8:56 p.m. and adjourned this item at 9:10 p.m. 12.D.1. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 1.377 acre parcel of land for the Fire Station #7 Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings (First • Reading) Steve Sheets, City Attorney made the staff presentation. This resolution provides authorization for the City Attorney to initiate eminent domain proceedings to acquire this needed parcel from Chandler Creek, L.P. for the construction of Fire Station #7. 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 1.377 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR A FIRE STATION, 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem-McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford 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 McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas 266 AUGUST 25, 2005 Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.D.2. Consider an ordinance determining the public necessity for the acquisition of a fee simple interest in a 0.161 acre parcel of land for the Sam Bass Road Proiect and if necessary, authorizing the City Attorney to initiate eminent domain proceedings. (Central T.R. Austin Retail Corgi) (First Reading) The Council did not address.this item. • RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract for the purchase of 0.161 acres with Central T.R. Austin Retail Corr). for the Sam Bass Road Project. Steve Sheets, City Attorney made the staff presentation. This contract with Central T.R. Austin Retail Corporation is for right-of-way acquisition for the Sam Bass Road project. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.161 acre tract of land for additional right-of-way for the Sam Bass Road Project, and WHEREAS, Central T.R. Austin Retail Corporation, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Central T.R. Austin Retail Corporation, .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 25th day of August 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried -unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:15 p.m. MZly Submitted, Christine R. Martinez, City Secretary 267 AUGUST 30, 2005 The Round Rock City Council met in a Special Called Session on Tuesday, August 30, 2005 at 7:00 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Joe Clifford, and Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Mayor Nyle Maxwell and Councilmember Rufus Honeycutt were absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. • PRESENTATIONS: 3.A. Consider a presentation regarding the proposed budget and tax rate. Cindy Demers, Finance Director made the staff presentation. She gave an overview of the proposed budget and tax rate. The budget for FY '05-'06 is $107 million. It consists of the following three major funds: • General Fund - $70 million • Water/Wastewater Utility Fund - $27 million • Debt Service Fund - $10 million Ms. Demers outlined the following. Budget Summary General & Debt Service Funds FY 2005 FY 2006 % Change General Fund Total Revenues $61,283,900 $70,558,000 Total Expenditures (61,279,307) (70,555,268) 15.1% Net Change $4,593 $2,732 Debt Service Fund Total Revenues $10,119,055 $9,745,594 Total Expenditures (10,396,277) (10,014,359) (3.6%) Net Change ($277,222) ($268,765), • FY 2005-2006 Budget Highlights General & Debt Service Funds • 5 Police Officers, 4 Dispatchers, 1 Animal Control Officer • 14 Fire positions- Rescue Program &Temp Station #7 • Economic Development funding • Development Review process improvements • Various departmental support positions - planning, library • New Senior Activity Center • Family Aquatic Center • Street Maintenance Program • Employee Performance Management • Implementation of Salary Market Study • Financial Management Policy Adiustments to FY 2005-2006 Proposed Budget • Administrative position - Animal Control - Funded through: Animal License & Registration Revenue • Enhanced Public Safety Salary Funding - Funded through: Maximum Proposed Tax Rate or Proposed Expenditure Adjustments Proposed Property Tax Rate per $100 Valuation Current Tax Rate (FY04) $0.37972 Effective Tax Rate (FY05) $0.37105 Maximum Proposed Tax Rate $0.37704 • Area City Proposed Tax Rates Compared per $100 of valuation Pflugerville - 63.5 Temple - 57.4 Cedar Park - 51.3 San Marcos - 47.0 Austin - 43.9 Round Rock - 37.7 Georgetown - 35.9 Some of the New and Existing Programs are: • 5 new police officers, 4 public safety dispatchers, 1 animal control officer, one admin assistant, and a crime scene technician • 14 new firefighters to staff two new rescue vehicles • Temporary Fire Station No. 7 266 AUGUST 30, 2005 • Economic Development Funding • Project Development Coordinator • New Alan R. Baca Senior Activity Center completion in November 2005 • Family Aquatic Center • Street Maintenance Program • Equipment Replacement Program • Agency Requests • Employee Performance Management • Implementation of Salary Market Study • Financial Management Policy • Various departmental support positions - Planning and Library (the Library will maintain a seven-day schedule. • • Enhanced Public Safety Salary Funding Ms. Demers added that a video regarding the budget will be aired on Cable Channel 10 at Noon, 2:00 p.m., 6:00 p.m., 9:00 p.m., and 10:00 p.m. or it can also be viewed on the City's website. Jim Nuse reported that, at the Council's request, staff identified areas of the budget where programs could be delayed or permanently reduced in the amount of $316,000 to cover the public safety salaries which would keep the tax rate at the effective rate of $0.37105. • ($167,679) Police Department - 3 replacement vehicles for the department delayed to '06-'07 • ($125,000) Street Maintenance - Chandler Road overlay from IH-35 to Sunrise Road • ($23,321) Fire Department - Overtime Reduction, staff will manage their overtime PUBLIC HEARINGS: 4.A. Consider public testimony concerning the proposed 2005 property tax rate • increase for the City of Round Rock. Cindy Demers, Finance Director made the staff presentation. Chapter 26 of the Property Tax code requires taxing units to comply with truth-in-taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the rollback rate or the effective rate, the taxing unit's governing body must hold two public hearings prior to the adoption of the tax rate. FY 2006 Maximum Proposed Tax Rate - $0.37704 FY 2006 Effective Tax Rate - $0.37105 FY 2005 Tax Rate - $0.37972 The maximum proposed tax rate of $0.37704 is $0.00268 below the 2004 rate of $0.37972 and $0.00599 above the 2005 effective tax rate. If the maximum tax rate were adopted, taxes on the average homestead would increase by $6.56 or 1.1 percent compared with last year's taxes. Comparing the proposed tax rate to the effective rate, the tax rate would increase by 1.6%. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of the property. The second required • public hearing on this issue will be held on September 8, 2005. If the Council desires, another public hearing will be held on September 22, 2005. This additional public hearing is not statutorily required. Mayor Pro-tem McGraw opened the public hearing. There being no testimony the public hearing was closed. RESOLUTIONS: AUGUST 0 2 6 3 005 5.A.1. Consider a resolution authorizing the Mayor to execute an Amendment to the Advanced Funding Agreement with TxDOT for the construction of US 79, from FM 1460 to CR 195. Tom Martin, Director of Transportation Services made the staff presentation. This project is for the widening of a 4-lane undivided roadway to a 4-lane divided roadway on US 79 from FM 1460 to CR 195. The City previously executed an Advanced Funding Agreement with TxDOT in February 2002. To enable TxDOT to advertise this US 79 Construction • Project, it is necessary for the City to execute Amendment No. 1 to the previously approved Advanced Funding Agreement. This amendment consists of revising the revision date of the specifications to be used. It also deletes the requirement for acquisition of rights-of-way and relocation of utilities prior to advertisement of the project. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Advanced Funding Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the relocation of utilities on US 79 from east of FM 1460 to west of FM 1460 more specifically described as from, C.R. 195 to 1500' west of FM 1460 project (`Project"), and WHEREAS, by Resolution No. R-02-07-25-14F5, the City Council approved the Agreement, and WHEREAS, the City Council desires to enter into Amendment No. 1 to the Agreement with TxDOT for the relocation of utilities, Now Therefore BE IT RESOLVED BY 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. 1 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 30th day of August 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford _. Councilmember Salinas Councilmember Rhode Nays: None Absent: Mayor Maxwell Councilmember Honeycutt ACTION: The motion carried unanimously. 5.B.1. Consider a resolution calling the November 8 2005 Special Election to fill the vacancy of City Council, Place 6. This resolution calls the City's Special Election on November 8, 2005 to fill the vacancy for City Council Place 6, which was previously held by Councilmember Gary Coe. Article 11, Section 11 of the Texas Constitution, not the Texas • Election Code, stipulates the dates for elections to fill vacancies for home-rule cities with terms of office exceeding two years. It provides that elections must be held within 120 days of a vacancy occurring, which is November 11, 2005. Councilmember Coe resigned his position on July 14, 2005 to be a candidate for Williamson County Commissioner Precinct No. 4. Applications for a place on the ballot wiirbe accepted beginning August 31, 2005 and must be received no later than 5:00 p.m. on October 11, 2005. Early voting will begin October 24, 2005 and continue through November 4, 2005. 270 AUGUST 30, 2005 RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING A SPECIAL ELECTION FOR NOVEMBER 8, 2005 FOR THE PURPOSE OF FILLING A VACANCY FOR COUNCILMEMBER PLACE SIX; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. • VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Nays: None Absent: Mayor Maxwell Councilmember Honeycutt ACTION: The motion carried unanimously. 5.B.2. Consider a resolution authorizing the Mayor to execute an Election Services Agreement with the Williamson County Election Administrator for the November 8, 2005 Special Election. The City has contracted with the Williamson County Elections Administrator for several years to conduct the City's elections. This agreement outlines the responsibilities of the Election Administrator and the City of Round Rock for the Special Election on November 8, 2005 to fill the vacancy for Place 6. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to conduct the November 8, 2005 special election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract ("Contract"), and WHEREAS, the City Council desires to enter into said Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Election Services Contract with the Williamson County Elections Administrator to conduct the November 8, 2005 special .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 30th day of August 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Nays: None Absent: Mayor Maxwell Councilmember Honeycutt ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 7:29 p.m. spectfully Submitt d 11.j�'��, Christine R. Martinez, City Secretary 271 SEPTEMBER 8, 2005 The Round Rock City Council met in Regular Session on Thursday, September 8, 2005, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the meeting 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 Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Also present were City Manager Jim Nuse and City Attorney Steve Sheets.. CITIZENS COMMUNICATIONS: The following individuals expressed their support of the Hotel Occupancy Tax funding request by the Sam Bass Community Theatre and outlined activities and entertainment the Theatre provides. The also expressed their concern on the requirements for funding and the recommendation from the Tourism Commission regarding the Sam Bass Community Theatre funding. Gene Storie, 1701 Lime Rock Drive, Round Rock • Jim Prior, 1806 Pin Oak Lane, Round Rock Lynn S. Beaver, 1831 Wells Branch Parkway, No. 411, Austin Michael L. Johnson, 1506 Oakridge Drive, Round Rock Clyde Olson, 105 Nautilus, Lakeway Pat King, 3004 Live Oak Street, Round Rock spoke in support of the Hotel Occupancy Tax funding request by the Round Rock Community Choir and outlined upcoming activities for the Choir. She also expressed her concern on the requirements for funding and the recommendation from the Tourism Commission regarding the Round Rock Community Choir funding. PROCLAMATIONS: S.A. Consider a proclamation recognizing the Sam Bass Community Theatre for their 25 years of service to the community. Mayor Maxwell read the following proclamation and presented it to Jim Prior of the Sam Bass Community Theatre. • WHEREAS, the City of Round Rock has a heritage rich in cultural significance; and WHEREAS, The Sam Bass Community Theatre is a non-profit organization that has operated entirely by volunteers for the last twenty five years; and WHEREAS, in 1984 the Sam Bass Community Theatre made their permanent home in its present location at 600 Lee Street in Memorial Park in Round Rock; and WHEREAS, The Sam Bass Community Theatre makes Round Rock a great place to live, work and visit by providing artistic opportunities for all citizens to learn about, participate in, and enjoy the arts in all its forms; and WHEREAS, The Sam Bass Community Theatre's wide range of projects and programs strengthen Round Rock's performing arts community and bring new audiences to the arts; and WHEREAS, a wide variety of cultural theatre is offered each season, with a careful eye towards providing a well-balanced array of entertainment for all tastes and ages; and 272 SEPTEMBER 8, 2005 WHEREAS, in addition to the many wonderful theatrical offerings, the Sam Bass Community Theatre also offers ongoing theater education through the Director's Workshop, Youth Guild programs and theatre summer camps to all members of the community; and NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby wish to formerly congratulate the Sam Bass Community Theatre for their 25 years of service to the City of Round Rock, and urge all citizens to enjoy this wonderful experience offered in our community. PRESENTATIONS: 6.A.1. Consider a presentation of the Tourism Commission's recommendations for • Hotel Occupancy Tax funding to qualified organizations for 2005-2006. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. Ms. Yawn outlined the process to receive Hotel Occupancy Tax funding. Applications for 2005-06 funding were mailed to previous recipients and were advertised on the City website. The following four entities responded. Amount Requested Amount Recommended Fiesta Amistad $2,500 $2,500 Palm House Museum $8,000 $8,000 Round Rock Choir $10,000 $7,500 Sam Bass Theatre $9,000 $6,000 The Tourism.Commission considered the applications and presentations on July 26, 2005. The amount of the requests was $29,500 and the amount recommended was $24,000. PUBLIC HEARINGS: 7.A.1. Consider public testimony concerning the proposed 2005-2006 Operating • Budget for the City of Round Rock. Cindy Demers, Finance Director made the staff presentation for both item 7A1 and 7A2 at this point. This is the first public hearing regarding the proposed FY 2005-2006 Operating Budget. A second public hearing will be held on September 22, 2005. Additionally, the first public hearing regarding the tax rate was previously held on August 30, 2005 and a second public hearing is being held at this time. The Operating Budget consists of the General Fund, General Debt Service Fund and the Water/Wastewater Utility Fund. The proposed operating budget provides improved levels of service for a growing community balanced at the effective tax rate for the general and debt service funds; competitive water and wastewater rates for the utility fund; and enhanced salary increases for Public Safety while adhering to the City's financial policies. The proposed tax rate of $0.37105, which is the FY05 effective tax rate, is required to balance the FY2005-06 Operating Budget. This rate is $0.00867 below the 2004 (FY • 2004-2005) rate of $0.37972. Under this proposal, taxes on the average homestead would decrease by $2.68 compared with last year's taxes. Individual taxes may increase or decrease at a greater or lesser rate, depending on the change in taxable value of the individual property. (The maximum tax rate is 0.37704.) In addition, the proposed utility budget is balanced with a planned 5% average rate increase. This increase is necessary due to increasing operating costs as well as continued investment in the utility's long-term 273 SEPTEMBER 8, 2005 reserve water and infrastructure needs. Ms. Demers outlined the FY 2005-2006 Budget Highlights-General & Debt Service Funds, which included the following. • 5 police officers, 4 dispatchers, 1 animal control officer, 1 administrative position for animal control • 14 Fire positions-rescue program &temp station #7 • Economic Development funding • Development review process improvements, 1 position • Various departmental support positions - Planning and Library (Library will continue • to stay open seven days a week) • New Senior Activity Center • Family Aquatic Center • Street Maintenance Program • Employee Performance Management • Implementation of Salary Market Study • Financial Management Policy Ms. Demers also outlined a summary of FY 2005-2006 Utility Budget. • Utility Fund is $27 million of the Operating Budget • Impact of BCMUD off-line • Operating Budget Highlights • Reserve Water Costs-Additional Reserves through 2050 • Lake Stillhouse Line Operations • LCRA/BRA Wastewater Costs • Employee Performance Management • $200 million Capital Improvement Program • 5% water/wastewater utility rate increase proposal for FY 2006 • How Utility Projects are funded Revenue bonds - Capital recovery (impact) fees Water sewer utility rates • Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 7.A.2. Consider public testimony concerning the proposed 2005 property tax rate for the City of Round Rock. (Second Public Hearing) Cindy Demers, Finance Director made the staff presentation for this item during the public hearing for the Operating Budget. The proposed tax rate follows: 2005 (FY 2005-2006) Proposed Tax Rate (Effective) - $0.37105 2005 (FY 2005-2006) Maximum Proposed Tax Rate - $0.37704 2005 (FY 2005-2006) Effective Tax Rate - $0.37105 2004 (FY 2004-2005) Tax Rate - $0.37972 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 7.B.1. Consider public testimony regarding an application filed by Cerco Development Inc. to rezone 20.94 acres of land out of the Ephraim Evans Survey from • District LI (Light Industrial) to District PUD No. 64 (Planned Unit Development) (IKEA Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. This property was annexed and zoned industrial for the former McNeil Consumer & Specialty Pharmacy in 1979. McNeil closed several years ago and the existing McNeil buildings will be demolished this fall. On August 24, 2005, the Planning and Zoning Commission rendered a favorable recommendation to adopt the PUD with the following two conditions, which were met and incorporated into the PUD document. 274 SEPTEMBER 8, 2005 1. That additional language regarding landscaping in the existing gas easement is added. 2. That the sketch accompanying the metes and bounds description for the property be corrected to show the proper ownership for an adjacent property. This PUD is being created to accommodate the unique needs of the proposed IKEA store. The following is a summary of the PUD: • Because the PUD will be approved prior to the purchase of the property, there is a • special section that allows the current owner (McNeil) to continue to operate under Light Industrial zoning until the property is sold. Once the property is sold, the affidavit (Exhibit F) will be signed and presented to the City and the PUD will then go into effect. • The PUD is limited to one large retail user with eating establishments and day care permitted as ancillary uses within the store. There is also a lengthy list of prohibited types of commercial uses. • The PUD contains a section that speaks of a possible expansion of the building at some point in the future. Please note that this is simply for the sake of notification and in no way permits this expansion by right. Such an expansion would need to be reviewed by staff and presented to the P&Z and Council as a major amendment to the PUD. • Landscaping for the site is per ordinance with the exception of additional plantings at the entry and along IH-35 and Chandler Road. A special screening wall has been added along a portion of Chandler Road to ensure that the service area is adequately screened from view. This wall will have masonry similar to what will be used for the Outlet Mall and the proposed HEB shopping center on the north side of Chandler. • The PUD includes a customized sign package based on the typical IKEA model. • A number of exemptions from the C-1 (General Commercial) design standards have • also been included in the PUD. These exemptions are based on the size of the building, estimated to be a minimum of 252,000 square feet. (By comparison, the new Wal-Mart on Hwy 79 is roughly 200,000 square feet and the new HEB under construction at FM 1460 & Hwy 79 is 180,000 square feet) • Utilities are required to be underground. • Driveway access has been established in accordance with the approved Traffic Impact Analysis. • The PUD requires lengthy throat lengths to avoid traffic congestion. • Main circulation drive aisles are wider than Code requires (30' instead of 26') and regular drive aisles are slightly smaller (24' instead of 26'). These widths have been approved by the Development Review Committee, which includes the Fire Department, Public Works, Transportation, and Planning. Steve Drenner and Doug Greenholtz representing IKEA and Jeff Newberg, Endeavor outlined the following. Project Teams • IKEA • Endeavor Real Estate Group • Drenner Stuart Wolff et al - Land Use Attorney • • Greenberg Farrow - IKEA Architect • Fisher Hagood - Civil Engineer • Hall Bargainer - Landscape Architects • WHM - Traffic Consultants • Jackson Walker - R.E. Attorney 2 PUD's - One Proiect • 2 PUD's - Separate but integrated • IKEA - Single user - Unique operational - Unique architecture 0 Retail Center SEPTEMBER 8, 2005 - Class A design & users IKEA - Unique Company • World's leading furniture/home furnishings retailer - 220 stores in 33 countries - 24 stores in the U.S. - 2004 U.S. sales = $1.7 billion • Unique Retailer - Product - Pricing • _ Shopping experience Restaurant, supervised child play area IKEA - Unique Employer • Hourly & Management positions • Low Turnover rates • Industry Competitive Salaries & Wages • Generous Benefits - All Co-workers have access to benefits - Considered Full-Time @ 20 hours - Health & Life insurance - Retirement savings plans - Flexible work arrangements - Tuition assistance - Store discounts • Gateway to Global Careers IKEA is a good neighbor/partner • IKEA partners with national organizations - Habitat for Humanity - Save the Children - American Forests - UNICEF • IKEA is committed to working with local community interests Local contributions/volunteerism • Corporate philanthropy IKEA Stores in Texas • Houston: 1992/2004 • Frisco: 2005 • Round Rock: 3rd Texas store IKEA - Customer Draw • Throughout Central Texas - and beyond • 76% outside Round Rock • 65% outside Williamson County IKEA - Why Round Rock? • Texas Strategy - Get Close to our strong Texas customer base • Location - Demographic and geographic considerations - IH-35 • Site works well for both Round Rock and IKEA - Integrated with future surrounding uses - Peak shopping hours are at off-peak commute hours - Freeway access, available land, infrastructure • Vision, Leadership and Support • IKEA - Benefits to Round Rock • Taxes - Sales taxes - Property taxes • Jobs - Approximately 300 new jobs - Competitive wages - Generous benefits • Destination • Engine for surrounding uses - additional taxes &jobs Endeavor • Local developer 0 3,000,000 sq. ft. developed in Central Texas since 1999 276_ SEPTEMBER 8, 2005 • 15,000,000 sq ft of retail managed and/or leased High quality projects with desirable tenant mixes Endeavor - Retail Center • 350,000 sq ft • Oriented toward IKEA for synergy • Users that complement IKEA: - Anchors 20k - 50k sq. ft. - Restaurants - Financial institutions • Architecture - consistent with area first-class retail developments • • Recognize importance of Chandler corridor • High interest level with IKEA in project Mayor Maxwell opened the public hearing. There being no public testimony the public hearing was closed. 7.B.2. Consider public testimony regarding an application filed by Cerco Development Inc. to rezone 42.50 acres of land out of the Ephraim Evans Survey from District LI (Light Industrial) to District PUD No. 65 (Planned Unit Development). (Endeavor Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. The property was annexed into the City and zoned for industrial use (McNeil Consumer & Specialty Pharmacy) in 1979. The existing McNeil buildings will be demolished this fall. On August 24, 2005, the Planning and Zoning Commission rendered a favorable recommendation to adopt the PUD with the following four conditions: 1. That additional landscaping requirement for the Primary Access Drive be added to • the PUD. 2. That the number of permitted monument signs be increased. 3. That the sketch accompanying the metes and bounds description for the property be corrected to show the proper ownership for an adjacent property. 4. Those references to the driveway exhibit in the text are changed from Exhibit D to Exhibit E. These conditions were met and incorporated into the PUD document. Although this PUD is not as detailed as the neighboring IKEA PUD, it does contain a number of provisions to ensure that it is complementary to IKEA and appropriate for this location. The following is a summary of the PUD. • Because the PUD will be approved prior to the purchase of the property, there is a special section that allows the current owner (McNeil) to continue to operate under Light Industrial zoning until the property is sold. Once the property is sold, the affidavit (Exhibit F) will be signed and presented to the City and the PUD will then go into effect. • Although specific users have not been identified for the proposed shopping center, the PUD rules out a number of commercial uses deemed to be inappropriate for this location. The PUD does allow one restaurant with a drive-through window, but the location, configuration and design of such a restaurant has been addressed in the • PUD to ensure that it does not detract from the overall aesthetic appeal of the shopping center. • Landscaping for the site is per ordinance with the exception of additional plantings along the primary access drive that runs along the boundary with the IKEA site. The PUD also ensures the preservation of the Monarch Tree on site. • The sign package proposed in the PUD differs from the standard City requirements, and in many ways will be more attractive and appealing than what would otherwise be allowed. A comparison of what is proposed versus what could be built under the Code is included with this analysis. .._ i; is'•F:yl'i' 'ia, 277 SEPTEMBER 8, 2005 • The PUD requires 50% masonry using similar materials to what will be used for the Outlet Mall and the proposed HEB shopping center on the north side of Chandler Road. • Utilities are required to be underground. • Driveway access has been established in accordance with the approved Traffic Impact Analysis. • . The PUD requires lengthy throat lengths to avoid traffic congestion. • Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 7.B.3. Consider public testimony concerning proposed amendments to Chapter 11 Zoning Code of Ordinances (1995 Edition) regarding loading spaces requirements Jim Stendebach, Planning and Community Development Director made the staff presentation. These amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Zoning Ordinance in May 2002. Staff's proposal is to establish separate screening requirements for loading spaces. This provision was not included with the 2002 adoption of the Zoning Ordinance. Instead, standards were included for loading docks only. This has proven to be problematic when reviewing surface loading spaces rather than actual elevated "docks". Currently, Section 11.501 (4) (b) (vi) (1) of the Zoning Ordinance lists screening requirements for loading docks. The requirements include the • construction of a masonry wall as well as the provision of trees and shrubs. Proposed Section 11.501 (4) (b) (vi) (2) adds screening requirements for loading spaces. The requirements are triggered only when proposed loading spaces are within a street yard. The requirements include either the construction of a masonry wall or the provision of alternative screening as approved by the Zoning Administrator. In addition to the items above, the terms "loading dock" and "loading space" are further distinguished by providing a definition for loading dock. Loading space is currently defined in the ordinance glossary, but loading dock is not. Finally, a definition for"service area" is included along with this set of amendments. The existing ordinance provides special screening standards for service areas where the following items are grouped together: trash receptacles, loading docks, loading spaces, outdoor storage and mechanical equipments. The definition of service area was not included in the original ordinance. • 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. 278 SEPTEMBER 8, 2005 *9.A. Consider approval of the City Council minutes for August 25 2005 and August 30, 2005. *10.C.1. Consider an ordinance amending Chapter 8 of the Round Rock Code of Ordinances (1995 Edition) regarding inspection fees electronic plats and requirements for amending plats. (Second Reading) *11.A.1. Consider a resolution authorizing the Mayor to execute Change Order No 2 • with H. Deck Construction Company for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins. *11.E.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Region IV Education Service Center which sponsors The Cooperative Purchasing Network (TCPN). *11.E.2. Consider a resolution authorizing a property tax refund to Dell Computer Holdings, L.P. for 2002 taxes in the amount of $19,523.00. This item was pulled from the consent agenda and addressed in its normal sequence of the regular agenda. *11.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Contract for Engineering Services with HDR Engineering, Inc. for the IH-35 Improvements Project (Chandler Road to Westinghouse) MOTION: Councilmember Rhode movedto approve all the remaining items on the • consent agenda. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for August 25, 2005 and August 30, 2005. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance amending Chapter 10, Sections 10.100 and 10.200, of the Round Rock Code of Ordinances (1995 Edition) regarding water and sewer fees and utility billing policies. (Second Reading) Tom Clark, Utilities Director made the staff • presentation. The Utility Billing Policies and Procedures are being updated to allow for cost recovery to provide services, streamline fees and rates, minimize overtime costs and bring fees in line with surrounding communities. This ordinance updates bulk water meter fees, meter deposits, charges for additional trips and fees to move bulk water meters that will allow the City to recover its cost for providing these services. Water meter deposits are being increased and residential customer's deposits will be refunded after one year's timely 279 SEPTEMBER 8, 2005 payment. The time required to pay a late bill is being extended and discontinuing the Medicaid Exemption is being recommended. Additional language was added to prevent the planting of plants or building structures that hamper our ability to read meters and customers will be allowed a variance for documented water leaks with aP lumber's statement. • The Council and staff discussed the need to eliminate the sections concerning Medicaid Exemption and Age 65 and Older sections. Steve Sheets relayed the legality of the exempted rates. ORDINANCE NO. AN ORDINANCE AMENDING CITY OF ROUND ROCK, TEXAS, CODE OF ORDINANCES (1995 EDITION), CHAPTER 10, SECTION 10.100 RELATING TO GENERAL WATER AND SEWER SYSTEM POLICIES AND SECTION 10.200, RELATING TO WATER AND SEWER RATES AND UTILITY BILLING POLICIES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance with amendment removing the sections regarding the "Medicaid Exemption" and the "Age 65 and Older" sections. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode • Mayor Maxwell Nays: Councilmember Salinas ACTION: The motion carried with 5 ayes and 1 nay. 10.B.1. Consider an ordinance adopting the 2005-2006 Operating Budget for the City of Round Rock. (First Reading) Cindy Demers, Finance Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.B.2. Consider an ordinance adopting the 2005 property tax rate for the City of Round Rock. (First Reading) Cindy Demers, Finance Director made the staff presentation for this item during the public hearing. ORDINANCE NO. 280 SEPTEMBER 8, 2005 AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION, OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 2005. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem. McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10:6.3. Consider an ordinance approving the 2005-2006 Hotel/Motel Occupancy Tax Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. The Hotel/Motel Fund is used to collect for the levy and use of the hotel-motel bed tax. Proceeds from this tax are to be used toward the promotion of tourism and the convention and hotel industry in the City. The Hotel/Motel Budget includes operating expenditures associated with the Convention &Visitors Bureau, special event funding and debt service for Dell Diamond/United Heritage Convention Center Complex. Hotel Occupancy Tax Fund • FY 06 proposed budget-$1.72 million • Revenues • -7% local tax on hotel stays in Round Rock -Use restricted by State law-promote tourism and the convention and hotel industry • Expenditures -Event funding -Convention and visitors bureau -Implementation of long-term tourism plan -Marketing and advertising campaign • Capital Projects-Signage and Wayfinding • Debt Service-Dell Diamond/Convention Center There was discussion by the Council regarding restoring the funds originally requested by the Sam Bass Theatre and the Round Rock Community Choir. ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2005-2006. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. • MOTION: Councilmember Honeycutt moved that $5,500 be transferred from the Unallocated Fund to the Arts Support Fund to allow for restoring full funding to the Round Rock.Community Choir and the.Sam Bass Theatre, leaving a balance of $500 in the Unallocated Fund. Mayor Pro-tem McGraw seconded motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 281 SEPTEMBER 8 2005 Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. The Mayor called the question to adopt the ordinance as amended. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Nays: Councilmember Rhode Mayor Maxwell ACTION: The motion carried with 4 ayes and 2 nays. *10.C.1. Consider an ordinance amending Chapter 8 of the Round Rock Code of Ordinances (1995 Edition) regarding inspection fees, electronic plats, and requirements for amending plats. (Second Reading,? This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 8.116, 8.204, 8.206, 8.207, 8.208, 8.209, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE FEE SCHEDULE; TO AMEND REQUIREMENTS FOR CONCEPT PLANS, FINAL PLATS, MINOR SUBDIVISION FINAL PLATS, REPLATS AND AMENDING PLATS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 10.C.2. Consider an ordinance rezoning 20.94 acres of land out of the Ephraim Evans Survey from District LI (Light Industrial) to District PUD No. 64 (Planned Unit • Development). (IKEA Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for 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 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 20.94 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 64. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Salinas 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 Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmernber Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 282 SEPTEMBER 8, 2005 10.C.3. Consider an ordinance rezoning 42.50 acres of land out of the Ephraim Evans Survey from District LI (Light Industrial) to District PUD No 65 (Planned Unit Development). (Endeavor Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for 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 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 42.50 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 65. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford 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 McGraw seconded the motion. • VOTE. Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.C.4. Consider an ordinance concerning proposed amendments to Chapter 11, Zoning, Code of Ordinances, (1995 Edition); regarding loading spaces requirements. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11,- SECTIONS 11.501 AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND LOADING SPACE REQUIREMENTS; TO AMEND THE DEFINITION FOR "LOADING DOCK" AND ADD THE DEFINITIONS FOR "LOADING SPACE" AND "SERVICE AREA"; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. s , 283 SEPTEMBER 8, 2005 MOTION: Councilmember Honeycutt 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 Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. 11.H.1. Consider a resolution establishing an Economic Development Program to be offered to IKEA Property, Inc. pursuant to Section 380 of the Local Government Code. Steve Sheets, City Attorney made the staff presentation. In connection with IKEA's recent announcement to open a retail store in Round Rock at the southeast corner of IH 35 and Chandler Road the City has negotiated terms for an Economic Development Program Agreement with the company. IKEA is the world's leading furniture and home furnishings retailer and will open a 252,000 square foot retail store that provides 300 jobs in as well as a 250 seat restaurant. The Economic Development Program Agreement provides financial • incentive to the company to establish a store in our local market. The company provides quality jobs in that pay is competitive and full benefits including medical coverage are provided to employees working more than 20 hours per week. Additionally, the company is a destination retailer, bringing in customers from greater distances and providing needed diversity to our local sales tax base without over-burdening local government services. State law requires that for an Economic Development Program agreement to be approved an Economic Development Program must be established and the general terms outlined. The terms of the §380.001 Program to. be offer to IKEA in exchange for IKEA's locating an IKEA retail furniture store in the City of Round Rock are as generally outlined below: 1. The City agrees to make program payments to IKEA calculated on the basis of sales tax revenues actually received by the CITY from taxable sales generated by the IKEA retail furniture store as follows: • a. The City will retain all of the sales tax revenues derived from the one-half cent of the tax devoted to the reduction of ad valorem property tax; b. The City will make program payments to IKEA equal to 100% of the 1% general sales tax revenues derived from annual gross taxable sales; C. The total amount of program payments to IKEA will not exceed the sum of $5,000,000. 2. The term of the Program shall not exceed seven years. 3. The terms and provisions of the Program will be set out in more detail in an Economic Development Program Agreement. 2 8 :4 SEPTEMBER 8, 2005 RESOLUTION NO. WHEREAS, IKEA Property, Inc. ("IKEA") is one of the largest and most successful furniture retailers in the world, and WHEREAS, IKEA has expressed to the City of Round Rock ("City") its desire to locate an IKEA retail furniture store in the City which will attract shoppers from outside of the area and provide hundreds of new jobs, and WHEREAS, §380.001 Local Government Code provides that a municipality may establish a program ("Program") to promote local economic development and to stimulate business and commercial activity in the municipality, and WHEREAS, the City Council has determined that the Program described in Exhibit "A" • will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to offer to IKEA a §380.001 Program in exchange for IKEA locating an IKEA retail furniture store in the City of Round Rock, and BE IT FURTHER RESOLVED That the offer of the Program shall be as generally outlined in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of September 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.H.2. Consider a resolution authorizing the Mavor to execute an Economic Development Agreement with IKEA Property, Inc. David Kautz, Assistant City Manager and Steve Sheets, City Attorney and made the staff presentation. Mr. Kautz reported that the Economic Development Program Agreement provides financial incentive to the company to establish a store in Round Rock's local market. The company provides quality jobs in that pay is competitive and full benefits including medical coverage are provided to employees working more than 20 hours per week. Additionally, the company is a destination retailer, bringing in. customers from greater distances and providing needed diversity to our local sales tax base without over-burdening local government services. The agreement provides that the City will make program payments to • IKEA equal to 100% of the 1% general sales tax derived from annual gross taxable sales q 9 made by the retailer. The economic development agreement between the City and IKEA will cease upon the earlier of IKEA receiving a total of $5,000,000 from the Economic Development Agreement and the Tax Abatement Agreement or the expiration of a 7-year incentive term. 285 SEPTEMBER 8, 2005 Mr. Sheets outlined the following points from the Economic Development Program Agreement. • Definitions of"One Cent Sales Tax Revenues" • Term of the Agreement • Economic Incentive Payments RESOLUTION NO. • WHEREAS, the City of Round Rock has established an Economic Development Program to encourage IKEA Property, Inc. ("IKEA") to locate an IKEA retail furniture store in the City, and WHEREAS, to further promote economic development, the City wishes to enter into an Economic Development Program Agreement ("Agreement") with IKEA regarding IKEA's development of an IKEA retail furniture store in the City of Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, an Economic Development Program Agreement with IKEA Property, 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 September, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.H.3. Consider a resolution authorizing the Mayor to execute a Property Tax Abatement Agreement with IKEA Property, Inc. Steve Sheets, City Attorney made the staff presentation. The Tax Abatement commences January 1 of the year immediately following the opening of the store and continues until the earlier of 7 years or upon IKEA's receipt of economic value in the aggregate of $5,000,000 pursuant to the Abatement Agreement and the Economic Development Program Agreement. Additionally, the City will waive certain fees associated with project development as itemized in the agreement. This Tax Abatement Agreement will enable the company to establish a store in the Round Rock market. Additionally, Mr. Sheets outlined the following points of. the Tax Abatement • Agreement. • Grant of abatement • Terms of Abatement • Right-of-Way Dedication • Fee Waiver - Landscape Inspection Fee, - Demolition Permit Fee, - Building Permit Fees, - Regional Detention Fee, - Wastewater Discharge Permit Fee, - Water and Sewer Line Inspection Fee - Subdivision Improvements Inspection Fee • Abatement Recapture 286 SEPTEMBER 8, 2005 • Rendition of Fair Market Value of IDEA Tract and Facility RESOLUTION NO. WHEREAS, IKEA Property, Inc., ("IKEA") has expressed an interest in opening an IKEA retail furniture store (the `Facility") in the City of Round Rock, and WHEREAS, IKEA is expected to purchase approximately 21.36 acres of land (the "Property") within the City as described in Exhibit "A", to be used for location of the Facility, and WHEREAS, the City Council anticipates creating a Reinvestment Zone on the Property, pursuant to Chapter 312, Texas Tax Code, and • WHEREAS, in anticipation of the purchase of the Property by IKEA and the creation of the Reinvestment Zone, the City Manager has negotiated a proposed Property Tax Abatement Agreement ("Agreement") with IKEA, and WHEREAS, subject to the purchase of the Property by IKEA and subject to the creation of the Reinvestment Zone on the Property, the Council wishes to authorize the Mayor to execute the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That conditioned on and subject to (1) the purchase of the Property by IKEA and (2) the creation of a Reinvestment Zone on the Property, the Mayor is hereby authorized to execute on behalf of the City a Property Tax Abatement Agreement, a copy of which is attached hereto as Exhibit"B" 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 September 2005. MOTION: McGraw moved to approve the resolution subject to the ultimate creation of the Reinvestment Zone. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *11.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with H. Deck Construction Company for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with H. Deck Construction for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins, 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 H. Deck Construction for the Wastewater Collection System Rehabilitation of Three Edwards Aquifer Basins, 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. t h 287 SEPTEMBER 8, 2005 RESOLVED this 8th day of September 2005. 11.B.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with S.D. Kallman,.LP for the Egger Acres and Dennis Drive Improvements Project. Danny Halden, City,Engineer made the staff presentation. The Bond Program Committee at the request of the area's residents placed this project in the • 2001 GO Bond Program. The Design portion of the Egger Acres and Dennis Drive Improvements project is funded out of the second issuance 2001 GO Bond Program. This project is targeted towards the Dennis Drive area of Egger Acres and its related drainage. The structural integrity of the pavements, the minor drainage concerns of the.residential area, and difficulty to access the drainage outfall system for maintenance will be evaluated and analyzed. Solutions will be explored and contemplated to develop the most cost effective plan. That plan will be value engineered into bid/construction documents. Timely execution of the contract will assure the bid/construction documents are completed for the third issuance 2001 GO Bond Program funds that will pay for the bidding and construction phases of this project. Repairs of the City's infrastructure in this area under the Wastewater Rehabilitation Program, the City-Wide Street Maintenance Program, City-Wide Sidewalk Enhancement Program, and Water Line Maintenance Program have kept the infrastructure in this area in good condition. Therefore, major expenses in rehabilitating and up grading • the underground infrastructure are not expected. This contract for engineering services is P 9 9 $156,853.41. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Egger Acres and Dennis Drive Improvements Project, 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 Egger Acres and Dennis Drive 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 8th day of September 2005. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 288 . SEPTEMBER 8, 2005 11.C.1. Consider a resolution authorizing the Mayor to adopt the National Incident Management System INIMSI as the standard for incident Management by the City of Round Rock. Larry Hodge, Fire Chief made the staff presentation. On February 28, 2003, the President of the United States issued a Homeland Security Presidential Directive (HSPD)-5 that directed the Department of Homeland Security, in cooperation with representatives of federal, state, and local government, to develop a National Incident Management System • (NIMS) to provide a consistent approach to the effective management of situations involving natural disasters, manmade disasters or terrorism. The HSPD-5 requires that state and local governments adopt the NIMS by fiscal year 2005 as a pre-condition to the receipt of federal grants, contracts and activities related to the management and preparedness for certain disasters and hazard situations. RESOLUTION NO. WHEREAS, on February 28, 2003, the President issued Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, directing the Secretary of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size, or complexity, including acts of catastrophic terrorism, and WHEREAS, on March 1, 2004, the U.S. Department of Homeland Security presented the NIMS which establishes a core set of doctrine, concepts, principles, terminology and organizational processes to enable effective, efficient and collaborative incident management at all levels and provides the mechanisms for the further development and • refinement of supporting national standards, guidelines, protocols, systems and technologies, and WHEREAS, HSPD-5 requires all Federal departments and agencies to adopt the NIMS and make adoption of the NIMS by State and local organizations a condition for Federal preparedness assistance and receipt of federal grants, contracts and other activities beginning in FY 2005, and WHEREAS, on February 23, 2005, Governor Perry issued Executive Order RP40 declared the NIMS to be the state standard for incident management, and WHEREAS, the City Council of the City of Round Rock, Texas desires to adopt the standards set forth in the NIMS for incident management; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, The City of Round Rock hereby adopts the National Incident Management System, attached hereto as Exhibit"A"and incorporated herein as its system of preparing for and responding to disaster incidents. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt 'Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 289 SEPTEMBER 8, 2005 11.C.2. Consider a resolution authorizing the Mayor to sign an Acceptance of Offer for the purchase a Ladder Truck from Williamson County ESD #2. Larry Hodge, Fire Chief made the staff presentation. Input provided for the Fire Department's Strategic Plan shows the need for a second Ladder Truck. By having a second Ladder Truck in the City, the Fire Department would increase their water flow during structure fires and have a backup for • their current Aerial Truck when it goes out of service. This Ladder Truck with be assigned to Station No. 4, which will also house Rescue 4. With this combination, Rescue 4 will be able to drivethedistance to medical incidents in their assigned district in 4 minutes or less in over 80% of"in-city" EMS alarms. In addition, staffed with a Fire Department Paramedic, this crew will be able to perform advanced lifesaving support, (ALS). Another EMS alarm within the same company's district would not have a delay in response time, as the remaining Truck 4 in the quarters would be able to take that call. When responding to structure fires, these companies of Truck 4 and Rescue 4 would have the equipment and manpower to immediately go into the attack mode. The cost of the Ladder Truck is as follows: Wells Fargo Bank, N.A. $514,737.84 Williamson County ESD #2 Texas $ 4, 744.03 Total Cost: $519,481.87 • RESOLUTION NO. WHEREAS, the Williamson County Emergency Services District No. 2 ("ESD") a political subdivision of the state of Texas and the owner of a 2001 Pier Ladder Fire Truck, VIN 4P1CT02S81A001807, ("Vehicle") equipped with additional items as shown on Exhibit "A", attached hereto and made a part hereof ("Equipment"), has offered to sell such Vehicle and Equipment to the City of Round Rock ("City"); and WHEREAS, the City desires to purchase such Vehicle and Equipment from ESD; and WHEREAS, the City may purchase the Vehicle and Equipment from a political subdivision of the state of Texas without complying with the competitive bidding requirements pursuant to Section 252.022(12)(C); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized .and directed to execute on behalf of the City an Acceptance of Offer with Williamson County Emergency Services District No. 2, for the purchase of the above described Vehicle and Equipment, a copy of said Letter of Offer/Acceptance of Offer being attached hereto as Exhibit_ "B" and incorporated herein for all purposes; and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting. was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September 2005. • MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 290 SEPTEMBER 8, 2005 11.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Bruce and Stephanie Johnson for the purchase of 0.131 acres for the Red Bud Lane Proiect. This item was addressed after the Executive Session. 11.D.2. Consider a resolution authorizing the Mavor to execute a Real Estate Contract with LaVonne Sheets and Vicki Collins for the purchase of 0.106 acres for the Red Bud Lane Project. This item was addressed after the Executive Session. • *11.E.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Region IV Education Service Center which sponsors The Cooperative Purchasing Network (TCPN). This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City Council of the City of Round Rock, Texas has been presented a proposed Interlocal Agreement by and between the Region IV Education Service Center, which sponsors The Cooperative Purchasing Network (TCPN), and the City of Round Rock; and WHEREAS, such Interlocal Agreement is found to be acceptable and in the best interests of the City and its citizens, with a specific finding that the purchasing program described therein will be beneficial to the taxpayers through the anticipated savings to be realized from the City's participation; and WHEREAS, the City, pursuant to the authority granted under Sections 271.101 and 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by the Region IV Education Service Center, which is known as The Cooperative Purchasing Network; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. The terms and conditions of the attached Interlocal Agreement have been reviewed by the City Council, and are found to be acceptable and in the best interests • of the City and its citizens, and said terms and conditions are hereby in all things approved. Section 2. The City Manager of the City of Round Rock, Texas, under the direction of the City Council, is hereby designated to act for the City in all matters relating to The Cooperative Purchasing Network, including the designation of specific contracts in which the City desires to participate. Section 3. This Resolution shall become effective from and after its passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of September, 2005. *11.E.2. Consider a resolution authorizing a property tax refund to Dell Computer Holdings, L.P. for 2002 taxes in the amount of $19,523.00. This item was removed from the consent agenda and addressed at this time. Councilmember Rhode disclosed that he was abstaining from the vote and discussion on this item due to a conflict of interest and submitted the appropriate affidavit. He left the dais while Council addressed this item. Cindy Demers, Finance Director made the staff presentation. State law requires that • the governing body approve property tax refunds in excess of $500. This refund is the result of an agreed judgment approved by the appraisal district reducing the taxable value on the 2002 tax roll. The total settlement of $78,092 has been reduced by the previously remitted $58,569 under the economic development agreement between the City and Dell resulting in a net refund of $19,523. RESOLUTION NO. 291 SEPTEMBER 8, 2005 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, Dell. Computer Holdings, L.P. has made an overpayment or erroneous payment of 2002 taxes in the amount of $19,523.00; 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$19,523.00. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of September, 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Mayor Maxwell Nays: None Abstain: Councilmember Rhode was out of the room when the vote was taken. • ACTION: The motion carried unanimously. *11.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Contract for Engineering Services with HDR Engineering Inc. for the IH-35 Improvements Project (Chandler Road to Westinghouse). This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Agreement") with HDR Engineering, Inc. for IH-35 modifications from Chandler Road to Westinghouse Road, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Contract No. 3 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 3 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 Contract No. 3 to the Contract with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written,notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this,8th day of September 2005. 11.F.2. Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal Construction. L.P. for the installation of three traffic signals at Gattis School Road at Double Creek, Gattis School Road at Round Rock Ranch/Meister Lane, and Old Settlers at Sunrise Road. Tom Word, Chief of Public Works Operations made the staff presentation. Due to citizen concerns, warrant studies were completed, reviewed and 292 SEPTEMBER 80 2005 12.B. Consider one appointment to the Round Rock Housing Authority to fill an unexpired term. This appointment will fill an unexpired term. The term expires in June 2006. Applications were received from Russ Boles, Rainer Ficken, Terah O. Isiahiliza, and Yvette Caldwell-Brewer. Mayor Maxwell opened the floor for nominations. Russ Boles was nominated. MOTION: Councilmember Clifford moved that nominations cease. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to appoint Russ Boles to the Round Rock Housing Authority by acclamation. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.C. Consider two appointments to the Round Rock Industrial Development • Corporation to fill unexpired terms. These appointments will fill unexpired terms. The terms expire in June 2006. MOTION: Mayor Pro-tem McGraw moved to appoint Councilmember Honeycutt and Councilmember Salinas to the Round Rock Industrial Development Corporation by acclamation. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.D. Consider one appointment to the Round Rock Health Facilities Corporation to fill an unexpired term. These appointments will fill unexpired terms. The terms expire in • June 2006. MOTION: Mayor Pro-tem McGraw moved to appoint Councilmember Honeycutt to the Round Rock Health Facilities Corporation by acclamation. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas 293 SEPTEMBER 8, 2005 WHEREAS, the City Council desires to enter into Supplemental Agreement No. 1 to the Agreement with the Williamson County Humane Society, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement with the Williamson County Humane Society, 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 September 2005. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.G.2. Consider a resolution authorizing the Mayor to execute an Agreement with the City of Pflugerville for Animal Sheltering Services. Captain Tim Ryle made the staff presentation. This contract will allow the citizens of the City of Round Rock to receive animal boarding services from the City of Pflugerville. The Police Department expects to begin • using 9 the Pflugerville Animal Shelter on November 1, at the conclusion of a one-month contract extension with the Humane Society of Williamson County. The term of this contract is November 1, 2005 to October 31, 2006 for $84,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain services for animal shelter operations, animal boarding, and rabies observation, and WHEREAS, the City of Pflugerville has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with the City of Pflugerville, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement Between the City of Pflugerville and City of Round Rock, Texas, 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 September, 2005. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None 294 SEPTEMBER 8, 2005 Councilmember Salinas Councilmember Rhode �_` Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.D.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with LaVonne Sheets and Vicki Collins for the purchase of 0.106 acres for the Red Bud Lane Project. .Steve Sheets, City Attorney made the staff presentation. This contract • with LaVonne Sheets and Vicki Collins is for right-of-way acquisition for the Red Bud Lane sidewalk project. The amount that the property owner requested for the 0.106 acres was $15,000.00. The property was appraised at $8,976.00. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.106 acre tract of land for additional right-of-way for the Red Bud Lane Sidewalk Project, and WHEREAS, LaVonne I. Sheets.and Vicki.L. Collins, 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 LaVonne I. Sheets and Vicki L. Collins, 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 September,.2005. • MOTION: Mayor Pro-tem McGraw moved to approve the resolution with the amended offer of $11,000 for the property. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Co.uncilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 10:58 p.m. Respectfully Submitted Christine R. Martinez,City Secretary • 295 SEPTEMBER 8, 2005 11.I.2. Consider a resolution authorizing the Mayor to execute an Agreement Regarding Extraterritorial Jurisdiction Boundary by and between the City of Round Rock, Texas and the City of Hutto, Texas. Jim Stendebach, Planning Director made the staff presentation. This is the second of three agreements with Georgetown, Hutto and Pflugerville that determines the ultimate Round Rock boundary with all three cities. This agreement will exchange existing ETJ between Round Rock and Hutto. The subject areas were agreed upon by the staff of both cities and exclude any "disputed" ETI, which is covered by a separate agreement. RESOLUTION NO. WHEREAS, the City of Round Rock and the City of Hutto wish to establish extraterritorial jurisdiction ("ETJ") property boundaries between the two municipalities, and WHEREAS, the City of Round Rock wishes to enter into an Agreement Regarding Extraterritorial Jurisdiction Boundary between the City of Round Rock, Texas and the City of Hutto, Texas to establish said EJT boundaries, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated _herein for all purposes. The City Council hereby finds and declares that written notice of the: date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and-formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of September 2005. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 12.A. Consider Council confirmation of Mayoral appointee, Councilmember Joe Clifford, as the Council's representative to the Round Rock Chamber of Commerce Board of Directors. MOTION: Councilmember Rhode moved to confirm the Mayor's appointee, Councilmember Joe Clifford, as the Council's representative to the Round Rock Chamber of • Commerce Board of Directors. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Counciimember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 296 PAGE 296 IS BLANK DUE TO A PRINTING ERROR 297 SEPTEMBER 8, 2005 Councilmember Rhode Mayor Maxwell , Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: Mayor Pro-tem McGraw announced .that an ROTC Scholarship Fund has been established at Wells Fargo Bank in the memory of Dale Castleberry Jr. • EXECUTIVE SESSIONS: 14.A. Executive Session as authorized by 5551.072 Government Code, related to the purchase of 0.131 acres of land from Bruce and Stephanie Johnson for the Red Bud Lane Project. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order for this item at 10:38 p.m. and adjourned at 10:50 P.M. 14.B. Executive Session as authorized by $551.072 Government Code, related to the purchase of 0.106 acres of land from LaVonne Sheets and Vicki Collins for the Red Bud Lane Proiect. ..Mayor Maxwell called the Executive Session to order for this item at 10:51 p.m. and adjourned at 10:55 p.m. • 11.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Bruce and Stephanie Johnson for the purchase of 0.131 acres for the Red Bud Lane Project. Steve Sheets, City Attorney made the staff presentation. This contract with Bruce and Stephanie Johnson is for right-of-way acquisition for the Red Bud Lane sidewalk project. The property owner requested $25,000.00 for 0.131 acres. This property was appraised at $17,349.00. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.131 acre tract of land for additional right-of-way for the Red Bud Lane Project, and WHEREAS, Bruce and Stephanie Johnson, 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 Bruce and Stephanie Johnson, 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 September 2005. MOTION: Councilmember Rhode moved to approve the resolution with the amended offer of $20,000 for the property. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 298 PAGE 298 IS BLANK DUE TO A PRINTING ERROR 299 PAGES 299 AND 300 WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 53 300