MINUTE BOOK 53 2005-2006 1
SEPTEMBER 22, 2005
The Round Rock City Council met in Regular Session on Thursday, September 22,
2005, in the City Council Chamber, 221 E. Main Street.
CALL WORK SESSION TO ORDER - Mayor Pro-tem McGraw chaired the meeting in
the absence of Mayor Maxwell. He called the meeting to order at 6:00 p.m.
ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw,
Councilmember Rufus Honeycutt, Councilmember Joe Clifford, and Councilmember Scott
Rhode. Mayor Maxwell arrived during item 3.A.1. Councilmember Carlos T. Salinas was
absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets.
PRESENTATIONS:
3.A.1. Consider a presentation concerning Future Water Supply Alternative for the
City of Round Rock. Tom Clark, Director of Utilities made the staff presentation. In March
2005, Council approved a Contract for HDR Engineering to review scenarios and cost options
to determine the most cost effective option to access future water supplies. The report
reviewed partnering with the Cities of Austin or Cedar Park for regional water treatment,
additional water supplies from the Brazos River Authority and acquiring groundwater from
three private groundwater suppliers. In March 2005, Council approved a Contract with HDR
Engineering to review scenarios and cost options to determine the most cost effective option
to access future water supplies. Mr. Ken Haney, P.E. of HDR Engineering presented the
report to Council. The report is in final draft form and will be presented to Council for
review and input.
3.B.1. Consider a presentation regarding the skate park component of the Greater
Lake Creek Park Improvement Project. Rick Atkins, Parks and Recreation Director 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 Department (TPWD) Grant, and a Grant from
the Lower Colorado River Authority (LCRA). The planned skate park is one of the major
• components of the Greater Lake Creek Park Improvement Project. In addition to a focus
group that was formed to specifically address end-user concerns, the Parks and Recreation
department has received several petitions and numerous requests over the past three years
for a skate park.
James Hemenes, Park Development Manager gave a brief overview of the skate park
demo and the public input that the Parks and Recreation Department has received. The
Parks and Recreation Department formed a focus group to discuss skate park issues, which
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SEPTEMBER 22, 2005
met a total of six times. The Department also hosted a "Skatewave Demo" at the Dell
Diamond, that included a modular equipment demo and a forum. Mr. Hemenes added that
there was an ongoing debate between building a modular skate park, as opposed to a
concrete skate park include the following: cost vs. value; "skatability"; durability, and ease
of repair. The Park and Recreation Department's current thinking is that having a concrete
skate park is the overwhelming preference from citizens, and that the size is not as
important as the materials.
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.
Mayor Maxwell dispensed with the order of the agenda with the unanimous consent
of all the Councilmembers present, and addressed the following item.
9.A. Consider special presentation to former Councilmember Gary Coe in
appreciation for his service to the City of Round Rock.
Mayor Maxwell presented a plaque of appreciation to Gary Coe for the service he
gave to the City as Councilmember.
Mayor Maxwell and Mayor Pro-tem McGraw presented a farewell gift from the
Council, staff, and members of the community to Councilmember Coe. Mrs. Coe was also
presented with a gift of appreciation for her support of Councilmember Coe while he was on
the Council.
Councilmember Coe thanked the Council and everyone who gave him the
opportunity to serve as one of the City's Councilmembers.
CITIZENS COMMUNICATIONS:
Mark Selby, Round Rock Fire Inspector provided an update on Hurricane Rita. He
briefed the Council regarding the City's role in assisting with hurricane evacuees from the
gulf coast.
Lieutenant Richard Johnson, of the Police Department, provided update on traffic
control and concerns regarding gasoline supplies in the community. He added that all •
Round Rock schools will be full with evacuees by Friday morning.
Brian Williams, Police Chief provided update on the shelter security and the City's
Emergency Operations Center plan. All police personnel are on standby.
John Garrett, 1408 Pear Court, Pflugerville, Founder and Publisher of The Community
Impact newspaper. Provided update regarding the Community Impact newspaper he
provides to 42,000 citizens in Round Rock.
SEPTEMBER 22, 2005
The following individuals spoke in favor of the proposed development of a skate park
in Round Rock. Specifically, in support of the concrete skate park and ways for the City to
° increase the budget for the project.
• James Juneau, 1800 Prarie Star
• Seth Johnson, 4908 Duval Road, Austin
• Pam Sparks, 1005-B Westwood Drive
• Jeannine Lowrance, 8006 Herb's Cave Cove
• Tom Brown,9001 Bunker Hill Drive
• Jim Genty, 16507 Denise Drive, Austin
• Darrell Lowrance, 8006 Herb's Cave Cove
PROCLAMATIONS:
S.A. Consider proclaiming September 24, 2005 as Public Safety and Round Rock
Noon Kiwanis Day. Mayor Maxwell read the following proclamation and presented it to
Christine Warren with the Round Rock Noon Kiwanis.
WHEREAS, Public Safety Awareness Day began around 1986 as a way to increase
public awareness of the many and diverse roles of the Round Rock Fire Department, Police
Department, and Emergency Medical Services (EMS); and
WHEREAS, as our City has grown throughout the years, these public services have
increased their presence in the community; and
WHEREAS, the Round Rock Fire Department, Police Department, and EMS have
routinely provided the City with necessary services in an efficient, professional and
courteous manner, and actively promotes and encourages the goals of providing an
attractive, safe and economically sound environment for its businesses and citizens; and
WHEREAS, the Round Rock Noon Kiwanis is a non-profit civic organization that was
founded in 1952 and have dedicated themselves to improving and enhancing the lives of
young children in the City of Round Rock; and
WHEREAS, since 1991 the Noon Kiwanis has held an Annual Pancake Breakfast
Fundraiser for all citizens to enjoy and then donating the proceeds of the fundraiser to the
Texas Baptist Children's Home, Williamson County & Cities Health Department, scholarships
to all high schools in the Round Rock area, the YMCA, and many others; and
WHEREAS, these two events were brought together several years ago on the front
lawn of the Texas Baptist Children's Home to bring greater awareness to our community of
the many service opportunities available in Round Rock and the many roles that our public
service departments fulfill.
NOW, THEREFORE, I, NYLE MAXWELL, MAYOR of the City of Round Rock, Texas, do
hereby proclaim September 24, 2005, as
"PUBLIC SAFETY AND ROUND ROCK NOON KIWANIS DAY"
in the City of Round Rock, Texas and urge all citizens to partake in all of the activities of
the day and to practice Public Safety Awareness at all times.
PROCLAIMED this 22nd day of September 2005.
PRESENTATIONS:
9.A. Consider special presentation to former Councilmember Gary Coe in
appreciation for his service to the City of Round Rock. This item was addressed earlier in
the meeting.
9.B. Consider a presentation from the Economic Development Program Oversight
. Committee regarding their semi-annual report on Economic Development within the City.
Scott Martinez, Economic Development Director for the Round Rock Chamber of Commerce
made the presentation. The existing industry program made 74 visits to 67 local
companies: 53 primary employers, 7 service employers, and 7 retail employers. Existing
industry expansions/enhancements include Streamline Technical Services, Toppan
Photomasks, Sears TeleServe, Photronics, Capitol Bearing Service, Centex Machining and
Texas Guaranteed Student Loan. The Chamber's Marketing Program has also conducted
marketing trips to New York (2), Detroit, San Jose, Birmingham, Atlanta, Dallas, and Las
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SEPTEMBER 22, 2005
Vegas over the past year. Their website was also re-launched, and now averages over 170
unique visits per day (www.roundrocktex.com). The Chamber placed advertising in four
different business magazines and three websites, and hosted two nationally known site
selection consultants in Round Rock. The first Allies' Day networking event was hosted for
economic development allies such as real estate professionals, developers, and utility
company representatives. To date the Chamber has responded to approximately 100
requests for information from prospective companies (leads). New businesses coming to
Round Rock include Citiraya, Perseus Labs, Xtreme Semiconductor, Ferguson Enterprises,
Hancock Industries, Convergys, Philips Semiconductor and IKEA. The Chamber's research
program has fulfilled over 80 demographic requests and studies, participated in three
ACCRA Cost of Living Indices, and Conducted Round Rock Area Wage and Fringe Benefit
Survey and Created a Comprehensive Compilation of Community Data.
PUBLIC HEARINGS:
10.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 items 10A1 and 10A2 at this time. This is the second public hearing
regarding the proposed FY 2005-2006 Operating Budget and proposed 2005 Property Tax
Rate. 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 and competitive water and wastewater rates for the utility fund while
adhering to the City's financial policies. The proposed tax rate of $0.37105 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 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 reserve water and infrastructure needs.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed. •
10.A.2. Consider public testimony concerning the proposed 2005 property tax rate
for the City of Round Rock. 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) Effective Tax Rate = $0.37105
2004 (FY 2004-2005) Tax Rate - $0.37972
SEPTEMBER 22,.2005
Public hearings on the proposed tax rate were held on August 30, 2005 and
September 8, 2005.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.A.3. Consider public testimony concerning proposed amendments to the Water
and Wastewater rates. Cindy Demers, Finance Director made the staff presentation.
Historically, the City has taken a utility rate management approach that avoids substantial
rate increases in any given year. City staff will continue to make rate recommendations in
consideration of this philosophy in addition to keeping our rates competitive within the area.
In 2003 the City completed a comprehensivewater and wastewater utility rate study
conducted by the consulting firm of Black and Veatch. Results of this study indicated the
need for a multi-year approach to utility rate adjustments. Every year, the City updates
the rate model and makes rate recommendations considering the current environment.
Increased operating costs and anticipated debt issuance associated with a $200 million
utility capital improvement program are the primary causes of the rate considerations. The
proposed rate increase for January 2006 will affect both the water & wastewater
components of the utility bill and estimated to increase the average residential bill by
approximately 5% or $3.24 per month.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.8.1. Consider public testimony regarding an application filed by L Michael O'Neal
Park Valley Oaks, Ltd. to amend a portion of PUD No. 35 (Planned Unit Development) Lot 1
Block A, Park Valley Oaks Subdivision to add an ATM as a permissible use Jim Stendebach,
Planning Director made the staff presentation. PUD 35 was adopted in 1999. Approximately
41 acres of the PUD was rezoned to PF-3 (Public Facilities - High Intensity) in 2004 for the
Round Rock Medical Center. On August 17, 2005, the Planning and Zoning Commission
rendered a favorable recommendation to amend the PUD as proposed. PUD 35 is divided into
two tracts: Tract One is south of Park Valley Drive and Tract Two is north of Park Valley
Drive. The majority of Tract One was rezoned to PF-3 (Public Facilities - High Intensity) in
2004 and is currently used for the Round Rock Medical Center and a Walgreens store. Tract
• Two is comprised of roughly 30 acres, with three platted lots fronting Park Valley Drive. The
remaining 22 acres north of these lots are unplatted and undeveloped. Of the three platted
lots on Park Valley Drive, the westernmost lot is the only lot that is currently developed. It is
the site of the Wyoming Springs Medical Center. Another medical office is currently under
construction on the lot to the east of the medical center. This medical office site is where the
applicant would like to locate a drive-through ATM. Because the permitted uses on Tract Two
are limited to residential and medical uses, the addition of an ATM will require an amendment
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SEPTEMBER 22, 2005
to the PUD to permit this type of commercial/financial use. The proposed location of the ATM
has been reviewed by the Development Review Committee and does not present any conflicts
with the parking or circulation of the proposed medical office. In addition, the applicant has
verified that any lighting associated with the ATM will not be visible from any nearby
residences. While the use itself is a bit of a departure from the medical nature of this tract,
the scale of the use is minimal to such a degree that it hardly detracts from the intent of the •
PUD or the overall nature of the development.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.6.2. Consider public testimony regarding an application filed by D.R. Horton
Texas, Ltd. to adopt original zoning of District SF-2 (Single Family-Standard Lot) on 29.062
acres of land. (Settlers Overlook North) Jim Stendebach, Planning and Community
Development Director made the staff presentation. The 29.062-acre tract is located north
of the existing Estates at Setters Park subdivision and east of Settlers Overlook subdivision.
D.R. Horton has purchased this tract to complete the last phase of the Settlers Overlook
subdivision. On August 17, 2005, the Planning and Zoning Commission approved a
favorable recommendation for the zoning request to SF-2. The 29.062 acre tract is
surrounded by standard lot single-family residential subdivisions to its south and west
boundaries. On the eastern and northern boundaries are large tracts of ranchland. The
proposed zoning for single-family residential lots is compatible with the surrounding areas
and existing transportation infrastructure.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.C.1. Consider public testimony regarding designating a 20.94 acre tract of land
as Reinvestment Zone No. 23 (IKEA) for commercial/industrial tax abatement. Jim Nuse,
City Manager 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 and Property
Tax Abatement 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
as well as a 250 seat restaurant. The Economic Development Program Agreement and the •
Tax Abatement Agreement provide 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. The Tax Abatement commences January 1 of the
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SEPTEMBER 22, 2005
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. The Economic Development Program and Tax Abatement
Agreements enable the company to establish a store in our local market.
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. The minutes of August 17-18, 2005 were removed from the regular agenda at .
the request of staff. Item 13C1 and 1461 was removed from the consent agenda and
addressed in its normal sequence of the regular agenda.
*12.A. Consider approval of the City Council minutes for August 17-18, 2005, August
19, 2005 and September 8, 2005. Council Minutes for August 17-18, 2005 were withdrawn
at the request of staff..
*13.C.1. Consider an ordinance determining the public necessity for the acquisition
• of a fee simnle interest in a 0.002 acre parcel of land, and a sidewalk/drainage easement
interest in a 0.019 acre parcel of land for the Sam Bass Road Project and if necessary,
authorizing the City Attorney to initiate eminent domain proceedings. (Jack Brown Family II
LP) (First Reading) This item was withdrawn from the agenda at the request of staff.
*14.6.1. Consider a resolution authorizing the Mayor to execute a'Contract for
Engineering Services with Baker-Aicklen and Associates, Inc..for the Old Settlers Park
Baseball. Complex Improvements Project. This item was removed from the consent agenda
and addressed in the normal sequence of the agenda.
*14.D.1. Consider a resolution authorizing the Mayor to execute a Standard Utility
Agreement with the Texas Transportation Commission for the reconstruction of US 79 from
just west of FM 1460 to Joe DiMaggio Boulevard.
*14.E.3. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 with Unique Press/Triad USA Marketing Group Inc for printing services
• for City stationery.
MOTION: Councilmember Honeycutt moved to approve all the remaining items on
the consent agenda. 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.
SEPTEMBER 22, 2005
APPROVAL OF MINUTES:
*12.A. Consider approval of the City Council minutes for August 17-18 2005 August
19, 2005 and September 8, 2005. Only the minutes of August 19, 2005 and September 8,
2005 were approved under the consent agenda.
ORDINANCES:
13.A.1. Consider an ordinance adopting the 2005-2006 Operating Budget for the
City of Round Rock. (Second 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 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. •
13.A.2. Consider an ordinance adopting the 2005 property tax rate for the City of
Round Rock. .(Second Reading) Cindy Demers, Finance Director made the staff presentation
for this item during the public hearing.
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION. OF THE
MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR
THE INTEREST AND SINKING FUND FOR THE YEAR 2005.
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
Councllmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously. •
13.A.3. Consider an ordinance approving the 2005-2006 Hotel/Motel Occupancy Tax
Budget. (Second 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.
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SEPTEMBER 22, 2005
ORDINANCE NO.
AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND
ROCK, TEXAS FOR FISCAL YEAR 2005-2006.
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
Nays: Councilmember Rhode
Mayor Maxwell
ACTION: The motion carried with 4 ayes and 2 nays.
13.A.4. Consider an ordinance amending Chapter 10, Sections 10.201 and 10.202 of
the Round Rock Code of Ordinances regardinci water and wastewater utility rates. (First
Reading) Cindy Demers, Finance Director made the staff presentation. Historically, the City
has taken a utility rate management approach that avoids substantial rate increases'in any
given year. We will continue to make rate recommendations inconsideration of this
philosophy in addition to keeping our rates competitive within the area. In 2003, the City
completed a comprehensive water and wastewater utility rate study conducted by the
consulting firm of Black and Veatch. Results of this study indicated the need for a multi-year
approach to utility rate adjustments. Every year, the City updates the rate model and makes
• rate recommendations considering the current environment. Increased operating costs and
anticipated debt issuance associated with a $200 million utility capital improvement program
are the primary causes of the rate considerations. The proposed rate increase for January
2006 will affect both the water &wastewater components of the utility bill apd is estimated to
increase the average residential bill by approximately 5% or $3.24 per month.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.201 AND 10.202, CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND
WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem
McGraw seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
,Mayor Pro-tem McGraw,..-Y!
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.B.1. Consider an ordinance amending Chapter 1, Section 1.1002.1 of the Round
Rock Code of Ordinances regarding firefighter civil service classifications and number of
positions. (First Reading) Teresa Bledsoe, Human Resources Director made the staff
presentation. Chapter 143. Municipal Civil Service, Texas Local Government Code, Subchapter
B. Classification and Appointment, 143.021. Classification; Examination Requirement requires
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SEPTEMBER 22, 2005
in part that"The governing body by ordinance shall prescribe the number of positions in each
classification." Due to the additional personnel added during the budget process, this ordinance
will update the number of positions in each classification. The FY 2005-2006 Operating Budget
approved additional firefighter positions to be added to existing staffing levels. This ordinance
reclassifies the number of authorized sworn positions in the Round Rock Fire Department.
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. Motion failed
due to a lack of a second.
*13.C.1. Consider an ordinance determining the public necessity for the acquisition
of a fee simple interest in a 0.002 acre parcel of land, and a sidewalk/drainage easement
interest in a 0.019 acre parcel of land for the Sam Bass Road Project, and if necessary,
authorizing the City Attorney to initiate eminent domain proceedings. (Jack Brown Family II,
LP) (First Reading) This item was withdrawn from the agenda at the request of staff.
13.C.2. Consider an ordinance amending Chapters 3, 8 and 11 of the Round Rock
Code of Ordinances (1995 Edition) to provide requirements for the filing and expiration of •
development permits. (First Reading) Steve Sheets, City Attorney made the staff
presentation. In 1999, the 76th Texas Legislature enacted H.B. 1704, which was codified as
Chapter 245, Local Government Code, which states that the right to develop a project under
existing regulations vests at the time the landowner files the first permit application. This
year, the 79th Texas Legislature enacted S.B. 848, which specifically defines and determines
what"filed" means as it relates to the City applications for land development permits. By
amending Chapters 3, 8 and 11, the City will provide the process by which regulations vest
when an application is filed.and provide for the expiration of filed applications as permitted
under the recently enacted legislation.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 3, 8 AND 11, SECTIONS 8.106, 8.201, 8.202, 8.206
AND ADDING SECTIONS 3.113, 8.114.1, 11.114 CODE OF ORDINANCES (1995 EDITION),
CITY OF ROUND ROCK, TEXAS, TO PROVIDE REQUIREMENTS FOR THE FILING OF
APPLICATIONS; TO PROVIDE FOR THE EXPIRATION OF APPLICATIONS FILED; TO ADD THE •
DEFINITION OF "SUBDIVISION DEVELOPMENT PERMIT;" TO ESTABLISH REQUIREMENTS
FOR A SUBDIVISION DEVELOPMENT PERMIT; 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
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
r
SEPTEMBER 22, 2005
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.
13.D.1. Consider an ordinance designating a 20.94 acre tract of land as
Reinvestment Zone No. 23 (IKEA) for commercial/industrial tax abatement. (First Reading)
Jim Nuse made the staff presentation for this item during the public hearing.
ORDINANCE NO.
AN ORDINANCE DESIGNATING A 20.94 ACRE TRACT OF LAND, BEING ALL OF LOT 1, BLOCK
A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS REINVESTMENT ZONE NO. 23 (IKEA) FOR
COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS,
ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO.
MOTION: Councilmember Clifford 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 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 Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: q.,..,.None
ACTION: The motion carried unanimously.
• 13.E.1. Consider an ordinance to amend a portion of PUD No. 35 (Planned Unit
Development), Lot 1, Block A, Park Valley Oaks Subdivision to add an ATM as a permissible
use. (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-99-01-28-A2, ADOPTED BY THE CITY
COUNCIL OF ROUND ROCK, TEXAS, ON-JANUARY 28, 1999, BY ADDING EXHIBIT "D" AND
AMENDING EXHIBIT -C- OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID
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SEPTEMBER 22, 2005 .
ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
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 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
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.E.2. Consider an ordinance annexing 29.062 acres of land out of the Willis
Donaho Survey. (Settlers Overlook North) (First Reading) Jim Stendebach, Planning
Director made the staff presentation for this item during the public hearing. •
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 29.062 ACRES OF LAND, OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY
AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED;.PROVIDING THAT SUCH AREA
SHALL BECOME A PART OF THE CITY AND THAT THE 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 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. Councilmember Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
w. 13
SEPTEMBER 22, 2005.
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.E.3. Consider an ordinance to adopt original zoning of District SF-2 (Single
Family-Standard Lot) on 29.062 acres of land. (Settlers.Overlook North) (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 ZONE 29.062 ACRES OF LAND OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN ROUND ;;ROCK, ' WILLIAMSON COUNTY, TEXAS, AS
DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT).
MOTION: Councilmember Clifford 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: 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 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.E.4. Consider an ordinance rezoning 1.953 acres of land from District LI (Light
Industrial) to District PUD No. 63 (Planned Unit Development) (Hol2pe) Amended for
Second Reading) Jim Stendebach, Planning Director made the staff presentation. This
property was annexed and originally zoned for industrial uses in 1981. 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 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. 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. Staff therefore 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
4
SEPTEMBER 22, 2005
and screening for loading spaces. It also limits the site to one driveway near the western
property line. The PUD received first reading only on August 11th, 2005. Following this the
applicant reduced acreage in the PUD to 1.953 acres. Access to the business from FM 3406
is restricted to the west end of the lot, which is approximately 365 feet west of the Chisholm
Trail intersection. In addition, a shared access is being provided to Chisholm Trail
approximately 400 feet north of the intersection.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.305(2); CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO REZONE. 1.953 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
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: •
14.A.1. Consider a resolution authorizing the Mayor to execute an Economic
Development Program Administration and Funding Agreement with the Round Rock
Chamber of Commerce. Jim Nuse; City Manager made the staff presentation. This
agreement is to formalize the roles of the Chamber of Commerce and.the City of Round
Rock. The agreement creates a committee to oversee the program and keep accountability.
A solid economic development program will enhance the financial wealth of the community.
RESOLUTION`N0.
WHEREAS, §380.001 Texas Local Government Code provides that a municipality may
establish a program to promote local economic development and to stimulate business and
commercial activity in the municipality; and
WHEREAS, §380.001 also provides that the municipality may administer such
program by the use of municipal personnel and may contract with another entity for the
administration of a program; and
WHEREAS, the City of Round Rock ("City") and the Round Rock Chamber of
Commerce ("Chamber") wish to develop a program to promote economic development and
to stimulate business and commercial activity in the City; and
WHEREAS, the City and the Chamber further wish to enter into an agreement for the •
joint administration and funding of said program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS.,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Economic Development Program Administration and Funding Agreement with the Chamber,
a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of September, 2005.
1� 5:
SEPTEMBER 22, 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.
*14.B.1. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Baker-Aicklen and Associates. Inc. for the Old Settlers Park
Baseball Complex Improvements Project. This item was removed from the consent agenda
to be addressed at this time. Rick Atkins, Parks and Recreation Director made the staff
presentation. The Project: Sports Capital of Texas Plan was developed last year to plan for
the necessary upgrades to our existing sports complexes, at Old Settlers Park at Palm Valley
(OSPV), to make them top notch recreational and tournament facilities. As part of the
Project, Sports Capital of Texas Plan, drainage throughout the OSPV Baseball Complex will
be improved to allow increased playability on the fields after rain. This project also provides
increased parking and upgrades for Fields 1-4. The cost of the contract is $64,350.
RESOLUTION NO.
• WHEREAS,,the City of Round Rock desires to retain engineering services for the Old
Settlers Park Baseball Complex Improvements 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-Aicklen & Associates, Inc. for the Old Settlers
Park Baseball Complex 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 22nd day of September, 2005.
MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember
Salinas seconded the motion.
g 3Yi
VOTE: Ayes: rt Councilmember Honeycutt
• Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.C.1. Consider a resolution approving the payment of a self-move request for A.T.
Masonry as part of the US 79 Widening Project. .Steve Sheets, City Attorney made the staff,
presentation. Relocation services, which follow the Uniform Act, are required to be provided
on all state highway projects. This resolution is for the relocation of displaced landowner
16
SEPTEMBER 22, 2005
due to right-of-way acquisition for Highway 79 construction project. The cost of the
payment is $120,400.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock, is in the process of acquiring 1.051 acres of land
from Aaron Thomison and Brenda Thomison through condemnation for the Highway 79
expansion project, and
WHEREAS, at the time of this purchase A.T. Masonry 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 Section 24 of the Code of Federal
Regulations (Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs, a/k/a 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 $120,400
for reasonable and necessaryrelocation and moving expenses associated with the moving of
9 P 9
the personal property of A.T. Masonry located on property along Highway 79, a copy of
which is attached hereto as Exhibit "A".
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.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of September, 2005.
MOTION: Councilmember Rhode moved to table 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.
*14.D.1. Consider a resolution authorizing the Mayor to execute a Standard Utility
Agreement with the Texas Transportation Commission for the reconstruction of US 79 from
'ust west of FM 1460 to Joe DiMa io Boulevard. This item was
� 99 approved under the consent
agenda.
RESOLUTION NO.
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to
perform governmental functions and services, and •
WHEREAS, the City of Round Rock wishes to enter into 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 just west of FM 1460 to Joe
DiMaggio Blvd., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the hereby is Mayor authorized
y y
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.
x, )
17
SEPTEMBER 22, 2005
RESOLVED this 22nd day of September, 2005.
14.E.1. Consider a resolution nominating a candidate for the Williamson County
Appraisal District Board of Directors. David Kautz, Assistant City Manager made the staff
presentation. The Williamson County Appraisal District (WCAD) is responsible for
appraising property in the county at its, market value for property taxation purposes. The 5-
member board of directors sets policies for the WCAD and hires the chief appraiser. The
•
board also approves the WCAD annual budget, which is funded by pro-rated assessments of
the taxing entities in the county. The board appoints the Appraisal Review Board, a quasi-
independent group that hears and rules on property tax protests. The board of directors is
instrumental in developing and maintaining an.appraisal district that is well managed and
fair to both individual taxpayers and the entities that depend upon property tax revenue to
fund local government operations. Staff recommended that Robert Tagge be nominated for
the Williamson County Appraisal District Board of Directors.
RESOLUTION NO.
WHEREAS, Section 6.03(f) of the Property Tax Code provides for the governing body
of each taxing unit to nominate individuals for each position to be filled on the Williamson
County Appraisal District Board of Directors, and
WHEREAS, the Council of the City of Round Rock wishes to nominate the following
individuals:
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS,
That the City Council of Round Rock hereby nominates the individuals stated above
for the Williamson County Appraisal District Board of Directors.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas,Government Code, as
amended.
RESOLVED this 22nd 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.
14.E.2. Consider a resolution authorizing the Mayor to execute a Financing Program
• Agreement with Bank of America to lease/purchase various equipment. Cindy Demers,
Finance Director made the staff presentation. With a three-year payback, the impact on
any one operating budget is minimized. Additionally, the tax-exempt lease rates offer a
very favorable cost of capital to the City. This program permits scheduled replacement of
worn equipment on a revolving basis.'4 Each year the City acquires a portion of its heavy
equipment and rolling stock through a tax-exempt leasing program. The financing program
for the current year totals $600,000, financed at an effective interest rate of 3.36%, has a.
1
SEPTEMBER 22, 2005
three-year amortization and outlined in the operating budget. The first year repayment is
included in the proposed operating budget. The cost of interest would be at 3.36%, with a
total interest of $35,769.71.
RESOLUTION NO.
WHEREAS, the City of Round Rock, Texas ("Lessee") proposes to enter into a Master
Equipment Lease/Purchase Agreement with Bank of America Leasing & Capital, LLC, as
lessor ("Lessor") and Lessee, as lessee (the "Master Lease") and proposes to enter into •
Schedule A No. 1 thereunder to enable Lessee to finance the lease/purchase acquisition of
up to $600,000 principal amount of Equipment (as defined in Schedule A No. 1 with the
intent that the interest portion of the Rental Payments (as defined in the Master Lease)
therefor, in an amount not to exceed 3.36% per annum, be excluded from gross income for
federal income tax purposes and, as security for such Rental Payments, Lessee has agreed
to pledge its ad valorem taxes, and to make payments, as set forth in Schedule A No. 1,
sufficient to pay both the principal and interest portion of the Rental Payments under the
Master Lease and Schedule A No. 1.
WHEREAS, the Master Lease and Schedule A No. 1 have been presented to this
meeting, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
Section 1. The City Council agrees to enter into the Master Lease and Schedule A
No. 1 pursuant to the Master Lease in order to finance acquisition of the Equipment in a
principal amount of up to $600,000 at an interest rate not to exceed 3.36% per annum and,
in order to secure the Master Lease and Schedule A No. 1, to pledge its ad valorem taxes, in
accordance with said Master Lease and Schedule A No. 1.
Section 2. That the Mayor is authorized to execute, acknowledge and deliver in the
name and on behalf of Lessee to Lessor the Master Lease and Schedule A No. 1 to the
Master Lease including all attachments, financing statements and schedules thereto, such
Master Lease and Schedule A No. 1 to be in substantially the form presented to this meeting
with such changes as the signing officer shall determine to be advisable. Further, said
Mayor is authorized to execute, acknowledge and deliver in the name and on behalf of the
Lessee any other agreement, instrument, certificate, representation and document, and to
take any other action as may be advisable, convenient or necessary to enter into such
Master Lease and Schedule A No. 1; the execution thereof by the Mayor shall be conclusive
as to such determination.
Section 3. That there is hereby authorized the continuing execution and delivery by
the Mayor in the name of and on behalf of Lessee the Schedule A No. 1 and Attachments in
substantially the form presented to this meeting with such changes as the Mayor shall
determine advisable, and the execution thereof shall be conclusive as to such
determination.
Section 4. The Lease of the Equipment which is described in or incorporated by
reference in the Schedule A No. 1 to the Agreement is hereby approved by the City Council.
The City Manager shall be authorized to make replacements or otherwise substitute other
similar equipment for any of the items so described or incorporated if necessary due to
inability of the Vendor to deliver an item of equipment, so long as such substitution of any
item of equipment does not frustrate the purpose of the Lessee for which the Equipment is
being leased or result in an increase in the amount required to be paid by Lessee for the
Equipment, as provided in Section 1 hereof.
Section 5. That this Resolution shall take effect immediately.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of September, 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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
t r
19
SEPTEMBER 22, 2005
*14.E.3. Consider a resolution authorizing the-Mayor to execute Supplemental
Agreement No. 1 with Unique Press/Triad USA Marketing Group Inc for printing services
for City stationery. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into an Annual Purchasing
Agreement for Printing Service for City Stationery ("Agreement") with Unique Press/Triad
USA Marketing Group, Inc., and
WHEREAS, Unique Press/Triad USA Marketing Group,'Inc. has submitted
Supplemental Agreement No. 1 to the Agreement-to renew the contract term, and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1
with Unique Press/Triad USA Marketing Group, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Agreement No. 1 to the Agreement for Purchase of Printing Service for City
Envelopes and Business Cards with Unique Press/Triad USA Marketing Group, Inc., a copy of
same being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of September, 2005.
14.F.1. Consider a resolution authorizing the Mayor to execute an Agreement with
Williamson County Municipal Utility District No. 9 and RG Tate &Associates, Inc. for the
purchase of three additional living unit equivalents of water and wastewater service. Tom
Clark, Utilities Director made the staff presentation. The District purchased 1,400 LUE's of
• water and wastewater service from the City pursuant to that certain Water and Wastewater
Agreement dated January 22, 1987. The District will pay the City Impact Fees of $16,806
(per City's W/WW Impact Fee of$5,602/LUE) for the LUE's. Municipal Utility District No. 9
purchased 1,400 LUE's of water and wastewater service from the City in 1987. A Developer
is seeking to develop certain property within the District that currently retains two LUE's at
this time. However, because of the proposed development, the tract will require 5 LUE's of
water and wastewater service. Of the original 1400 LUE's, the District has determined that
it has no additional LUE's to sell or convey. The Developer desires to obtain water and
wastewater service for the Property from the District, but the District will need to obtain the
three additional LUE's from the City. The City has determined that sufficient water and
wastewater capacity exists within the City's system to provide the three additional LUE's of
service to the District's system.
• RESOLUTION NO.
WHEREAS, RG Tate & Associates, Inc. ("Developer") desires to develop certain
property within Williamson County Municipal Utility District No. 9 ("District"), and
WHEREAS, the Developer desires to obtain water and wastewater service from the
District for the proposed development, and
WHEREAS, the District will require additional water and wastewater living unit
equivalents (LUEs) for the proposed development from the City of Round Rock, and
WHEREAS, the City wishes to enter into an Agreement between Williamson County
Municipal Utility District No. 9 and RG Tate & Associates, Inc. for Three (3) Additional Water
and Wastewater LUEs, Now Therefore
BE IT RESOLVED BY 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 Williamson County Municipal Utility District No. 9 and RG Tate &
20
SEPTEMBER 22, 2005
Associates, Inc. for Three (3) Additional Water and Wastewater LUEs, 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 noticeof the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this the 22nd day of September, 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.
14.G.1. Consider a resolution authorizing the Mayor to execute an Agreement
Releasing and Accepting Extraterritorial Jurisdiction Property by and between the City of
Round Rock, Texas and the City of Pflugerville, Texas. Jim Stendebach, Planning Director
made the staff presentation. This is the second of three agreements with Georgetown,
Hutto and Pflugerville to determine the ultimate Round Rock boundary with all three cities.
This agreement will.exchange existing Extraterritorial Jurisdiction Property (ETJ) between
Round Rock and Pflugerville. The subject areas have been agreed upon by staff of both •
cities and exclude any"disputed" ETJ, which is covered by a separate agreement.
RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to release certain real property from its
extraterritorial jurisdiction ("ETJ"), and relinquish all ETJ rights in said property to the City
of Pflugerville, and
WHEREAS, the City of Pflugerville wishes to release certain real property from its
extraterritorial jurisdiction ("ETJ"), and relinquish all ETJ rights in said property to the City
of Round Rock, and
WHEREAS, the City of Round Rock wishes to enter into an Agreement Releasing and
Accepting Extraterritorial Jurisdiction Property by and between the City of Round Rock,
Texas and the City of Pflugerville, Texas, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
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 22nd day of September, 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.
. .�. 21
SEPTEMBER 22, 2005
14.G.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 Pflugerville, Texas. Jim Stendebach, Planning Director made the staff
presentation. This agreement will exchange existing ETJ between Round Rock and
Pflugerville. The subject areas have been agreed upon by staff of both cities and exclude
any"disputed" ET], which is covered by a separate agreement.
RESOLUTION NO.
WHEREAS, the City of Round Rock and the City of .Pflugerville wish to establish
extraterritorial jurisdiction ("ET]") 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
Pflugerville, 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 22nd 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.
14.G.3. Consider a resolution authorizing the Mavor to execute a Consent
Agreement with Blake Magee Investments, L.P. for the creation of Paloma Lake Municipal
Utility Districts 1 and 2. Jim Stendebach, Planning Director made the staff presentation.
Blake McGee Investments, L.P. requested the City's consent to create two Municipality
Utility Districts, Paloma Lake MUD #1 and #2 for approximately 732 acres of land. The land
will be served with water and wastewater by the City of Round Rock. A portion of the tract
is within the Jonah Water Supply District Service; however, the'Jonah Board met on August
30th and released the tract from their area so it can be served by the City. He outlined the
• following main provisions of the consent agreement:
1) Developer will dedicate 100 feet of Right of Way, to realign CR 122, from CR 117 to
CR 109. This includes a portion of off-site right of way to be acquired by the
developer.
2) Developer will dedicate widening for CR 110 and CR 112.
3) Developer will construct 2 lanes, with curb and gutter, of the realigned CR 122 from
CR 117 to CR 109.
4) The land uses permitted in the proposed MUD''are single family residential, an
elementary school and open space.
5) The Concept plan approved by the Planning and Zoning Commission on August 17,
2005 is attached to the Consent Agreement.
6) The commercial sites on the concept plan will not be part of the MUD, but will be
annexed into the city.
2 2
SEPTEMBER 22, 2005
7) CRs 112, 110 and 112 will be annexed into the City and will not become part of the
MUD.
8) Any trail system within the open space will be designed to reflect the City Master
Trail Plan and will be open to the public.
9) The MUDS will maintain and operate street lights and sidewalks.
10) Developer will participate in the McNutt Creek Sewer interceptor project by paying
for 25% of Line A to a maximum of$3,000,000. Portions of this will be credited
against the wastewater impact fee.
11) Developer will participate in wastewater Lines B-1 and B-2 by paying for its share of
the cost. The City will pay the incremental cost to oversize these lines, subject to
availability of oversize funds. •
12) Developer will participate in wastewater Line C by paying for the cost of the lines
required for it's development. The City will pay the incremental cost to oversize
these lines, subject to availability of oversize funds.
13) Developer will have 1851 LUEs capacity reserved for his use.
14) Developer will pay his pro-rated share for. 1851 LUEs of water capacity, estimate to
be $1,926,000 for off site water lines to be constructed. Portions of this will be
credited against the wastewater impact fee.
15) The MUD will receive wholesale water and wastewater service from the city.
16) City and the MUD Board will negotiate a fire protection plan.
17) City consents to the creation of the MUDs.
RESOLUTION NO.
WHEREAS, Blake Magee Investments, L.P. ("Developer") is the owner of
approximately 726.21 acres of land located within the extraterritorial jurisdiction of the City
of Round Rock ("City"), and
WHEREAS, Developer intends to develop the land and has requested that the City
consent to the creation of two Municipal Utility Districts to be named Paloma Lake Municipal
Utility District No. 1 and Paloma Lake Municipal Utility District No. 2 ("MUDs 1 and 2") for
said land, and
WHEREAS, the City wishes to enter into a Consent Agreement with the Developer
regarding the creation of MUDs 1 and 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 a •
Consent Agreement with Blake Magee Investments, L.P., a copy of same being attached
hereto as Exhibit A and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of September, 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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.G.4. Consider a resolution authorizing the Mayor to execute a Consent
Agreement with Double J Investments, L.P. for the creation of Williamson County Municipal •
Utility Districts 19 and 20. Jim Stendebach, Planning Director made the staff presentation.
Double J Investments, L.P. has requested city consent to create two Municipality Utility
Districts for approximately 601 acres of land. The land will be served with wastewater by
the City of Round Rock. The Developer will receive water service from the Jonah Special
Utility District. He outlined the following main provisions of the consent agreement:
1) Developer will dedicate additional Right of Way, for the widening of CR 110 to 100
feet in width.
23
SEPTEMBER 22, 2005
2) Developer will pay $3,600.00 per acre for improvements to arterial roads to service
the development.
3) The land uses permitted in the.proposed MUD are single family residential, an
elementary school and open space.
4) The Concept plan approved by the Planning and Zoning Commission on August 17,
2005 is attached to the Consent Agreement.
5) The commercial sites on the concept plan will not be part of the MUD, but will be
annexed into the city.
6) The MUDs will maintain and operate street lights and sidewalks.
7) Developer will participate in the McNutt Creek Sewer interceptor project by paying
for 25% of Line A to a maximum of$3,000,000. Portions of this will be credited
against the wastewater impact fee.
8) Developer will pay for in Lines D1 - D4. The City will pay the incremental cost to
oversize these wastewater lines, subject to availability of oversize funds.
9) Developer will donate an easement for portions of wastewater Line B that will cross
Developers property.
10) Developer will have 2333 LUEs capacity reserved for his use.
11) Developer will construct a 6 foot tall privacy fence along all lot lines abutting
agricultural land. ,P� r
12) City and the MUD Board will negotiate a fire protection plan.
13) City consents to the creation of the MUDs.
RESOLUTION NO.
WHEREAS, Double J Investments, L.P. ("Developer") is the owner of approximately
605.54 acres of land located within the extraterritorial jurisdiction of the City of Round Rock
("City"), and
WHEREAS, Developer intends to develop the land and has requested that the City
consent to the creation of two Municipal Utility Districts to be named Williamson County
Municipal Utility District No. 19 and Williamson County Municipal Utility District No. 20
("MUDs 19 and 20") for said land, and
WHEREAS, the City wishes to enter into a Consent Agreement with the Developer
regarding the creation of MUDs 19 and 20, Now Therefore
BE IT RESOLVED BY THE 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 Double J Investments, L.P., a copy of same being attached hereto
as Exhibit"A"and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd 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.
COUNCIL COMMENTS: None
• ADJOURNMENT:
There being no further business, the meeting adjourned at 9:52 p.m.
Respectfully Submitted;
04-1z�
Olivia. Robinson, Executive Assistant
ice' -i;
OCTOBER 11, 2005
The Round Rock City Council met in a`Special Called Session on Tuesday, October
11, 2005 in the City Council Chamber, 221 E. Main Street.
CALL SESSION TO ORDER - 7:30 A.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 was absent. Also present were City Manager •
Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets, Finance Director
Cindy Demers, Planning Director Jim Stendebach, Executive Director for Community
Development Joe Vining, Chief of Public Works Operations Tom Word, Police Chief Bryan
Williams, Police Captain Tim Ryle, Fire Chief Larry Hodge, and Parks and Recreation Director
Rick Atkins
3.A. Consider public testimony regarding the proposed annexation of 12.622 acres
of land out of the Willis Donahue Survey. (CR 122 ROW Tract) Jim Stendebach, Planning
and Community Development Director made the staff presentation. This is the first of two
required public hearings. These tracts of land are located within the City of Round Rock's
ETJ and Williamson County. This ROW tract is a portion of County Road 122 that is part of
the City of Round Rock's Master Transportation Plan. It is the City's desire to have it
annexed into the city limits in order to expand the Arterial Roadway system and provide
consistent police and fire protection. A second public hearing is scheduled for Thursda •
p P p 9 Y�
October 13, 2005.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
3.B. Consider public testimony regarding the proposed annexation of 84.776 acres
of land out of the Abel Eaves Survey. (Seton and Chandler ROW Tracts) Jim Stendebach,
Planning and Community Development 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.
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. A second public hearing is scheduled for Thursday, October 13, 2005.
Mayor Maxwell opened the public hearing. Mr. Avery spoke in favor of the •
annexation. There being further testimony, the public hearing was closed.
3.C. Consider public testimony regarding the proposed annexation of 4.859 acres
of land out of'the Mem'ucan`Hu'nt-Survey. .(Louis Henna Boulevard and A W Grimes
Boulevard ROW Tract) Jim Stendebach, Planning and Community Development Director
made the staff presentation. These tracts of land are located within the City of Round
Rock's ETJ and Williamson County. These ROW tracts are portions of Louis Henna Boulevard
-• . ,
25
OCTOBER 11 2005
and AW Grimes Boulevard and are a part of the City of Round Rock's Master Transportation
Plan. It is the City's desire to have it annexed into the city limits in order to expand the
Arterial Roadway system and provide consistent police and fire protection. A second public
hearing is scheduled for Thursday, October 13, 2005.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
4.A. Consider a presentation regarding the improvements to Rock'n River Family
Aquatic Park and the skate park. Rick Atkins, Parks and Recreation Director made the staff
presentation. Mr. Atkins outlined the Family Aquatic Park plan. He added that this is the
first phase of the water park. There are three,main areas of improvement to the water park.
Those are the parking lot addition, 135 spaces, enhanced water slide and the addition of
shade shelters for a total of seven. In response to Council's question, Mr. Atkins said that
-the water park and pool meet ADA standards and the parking lot will have handicap
parking.
Mayor Pro-tem McGraw expressed his concern that the number of parking spaces
may be utilized by spectators of a soccer event or by spectators of other sporting events
rather than attendees of the water park
Mr. Atkins gave a brief overview on the status of the skate park.
• Staff is continuing to meeting with the skate group
• Identifying areas to reduce cost
• Staff is reviewing whether the design built method is the best method to use.
• RFP will be sent out when the actual method of construction is established
5.A. Consider staff briefings and Councilmembers' discussion and questions
regarding items on the agenda for the October 13, 2005 City Council meeting. Mayor
Maxwell outlined the October 13, 2005 agenda pausing for responses from staff and Council
questions regarding the following items.
Item 5A1, marketing plan for the Convention and Visitors Bureau, Nancy Yawn noted
that this would be an update on the new contract.
Item 9A1, licensing of dogs and cats, Captain Ryle reported that these regulations
will change the authority of licensing to the City instead of the County. There are also
changes in the fee structure for the licensing and boarding of,..cats and dogs.
• Item 9B2, Amendment No. 2 of 2004-05 operating budget, Cindy Demers briefly
outlined the budget amendment.
Item 10E1, design of the clubhouse renovations, addition of a pavilion and parking
lot improvements for Forest Creek Golf Course, Larry Madsen reported that staff is looking
into the alternate delivery method for this project. He outlined the proposed improvements.
ADJOURNMENT: There being no further business, the meeting adjourned at 8:29
a.m.
Respectfully Submitted, Christine R. Martinez, City Secretary
Ovu .
2
OCTOBER 13, 2005
The Round Rock City Council met in Regular Session on Thursday, October 13, 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 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.
CITIZENS COMMUNICATIONS: None
PRESENTATIONS:
5.A.1. Consider a presentation regarding a marketing plan for the Convention and
Visitors Bureau. Nancy Yawn, Director of the Convention and Visitors Bureau made the staff
presentation. The Council approved a contract with Tate Austin on October 14, 2004. The
following is an update on the campaign.
Phase Two Review
• Budget: $150,000 t
• Timeframe: 11 months
• Deliverables: 14
• Events &Activities: 2
• Awards: 9
• Result: State and nationwide support for the Sports Capital of Texas brand
Deliverables
• Advertising Campaign and Creative
• Marketing Collateral
- Single-panel Rack Brochure (and Reprints)
- Digital Announcement Postcard
- Web site Sponsorship.Page
- Sports Capital of Texas Chairs (Reprints)
- Tri-fold Sales Piece, Direct Mail Piece (Reprints)
• MVP Newsletter Template
• Chairing Certificate Template
• Research Surveys (MVPs; Hotel Alliance)
• Direct Mail Database
• Marketing Video Updates
• MVP Hotel Room Drop Item
Sample Deliverables
Ms. Yawn described the samples of the deliverables, which were shown to the Council.
Campaign Wins
• The Chair Phenomenon
• Awards Recently Won
- TAMI Awards
- First Place - Best use of a Promotional Item, the Chair
- Finalist - Web site
- NATJA
- First Place - Web site
- 3CMA Silver Circle Winner National Level Award
OCTOBER 13, 2005
Communication Technology - Website
• Hotel Alliance Survey
In July, the Hotel Alliance received a short questionnaire asking for their feedback on
the impact of the Sports Capital of Texas campaign. The following hotels completed the
questionnaires:
• • Best Western
• Candlewood Suites
• Country Inn & Suites
• Comfort Suites
• Days Inn & Suites
• Hampton Inn Round Rock
• Hilton Garden Inn
• Marriott Austin North at Round Rock
• Residence Inn Round Rock
• Wingate Inn and Conference Center
Survev Results
• Nine of the ten participants felt a positive impact on the hotel occupancy rates in the
city.
• Half of the participants attributed the increase in occupancy rates to the city's focus
on bringing more sports-related events to the city.
• The participants experienced positive feedback about the campaign from co-workers
and people in the community.
• The most common responses for the top three reasons people stay at the
participants' hotels were business trips, sports events and group events or meetings.
• Occupancy Rate Comparison •
Ms. Yawn outlined a graph showing a comparison of the hotel occupancy rate.
Hotel Tax Collected in 2003-2004 and 2004-2005
Ms. Yawn outlined a graph showing the hotel tax collected in 2003-04 and 2004-05.
Testimonials
Testimonials were shown to the Council.
Phase Three Preview
• Goal: Build on success of Sports Capital of Texas campaign, while establishing Round
Rock as a tourism destination.
- Establish a foundation for retail tourism outreach in 2006
• Sustain Sports Capital of Texas effort through direct marketing activities
- Advertising, Direct Mail to MVPs
• Establish foundation for retail tourism outreach in 2006
• Develop positioning for destination retail
= Central location •
Premium shopping
• Create the tools to market Round Rock as a retail destination
PUBLIC HEARINGS:
6.A.1. Consider public testimony regarding the proposed annexation of 12.622 acres
of land out of the Willis Donahue Survey. (CR 122 ROW Tracts Jim Stendebach, Planning
and Community Development Director made the staff presentation. This is the second of
two public hearings. This tract contains three parcels of land located within the City of
ag
OCTOBER 13, 2005
Round Rock's ETJ and Williamson County and is part of the City of Round Rock's Master
Transportation Plan. Staff recommended the annexation of this tract in order to expand the
Arterial Roadway system and provide consistent police and fire protection.
Mayor Maxwell opened the public hearing. There being no public testimony the public
hearing was closed.
6.A.2. Consider public testimony regarding the proposed annexation of 84.776 acres •
of land out of the Abel Eaves Survey. (Seton and Chandler ROW Tracts) Jim Stendebach,
Planning Director made the staff presentation. This is the second public hearing for this
tract. The tract contains four parcels of land located within the City of Round Rock's ETJ and
Williamson County. Those are FM 1460 ROW - 6.019 acres; Chandler Road ROW - 6.913
acres; Nelson Tract - 0.324 acres; and Seton Tract - 71.52 acres.
The Seton and Chandler ROW tracts include the new Seton Medical Center site and
adjacent roadways. The medical center is located adjacent to the new Texas State
University campus. The annexation of the adjacent roadways will allow the City to annex
land further to the east.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
6.A.3. Consider public testimony regarding the proposed annexation of 4.859 acres
of land out of the Memucan Hunt Survey. Louis Henna Boulevard and A.W. Grimes
Boulevard ROW Tract) Jim Stendebach, Planning Director made the staff presentation. This
is the second public hearing for this tract. The tract contains five parcels of land located
within the City of Round Rock's ETJ and Williamson County. Those are for Louis Henna
Boulevard - 0.387 acres; 0.340 acres; 1.79 acres and 1.882 acres and CR 170 ROW - 0.46
acres. These tracts are a part of the City of Round Rock's Master Transportation Plan. Staff
recommended the annexation of this tract in order to expand the Arterial Roadway system
and provide consistent police and fire protection.
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. Item 10.A.1. was withdrawn from the agenda at the request of staff.
*8.A. Consider approval of the City Council minutes for August 17-18, 2005 and
September 22, 2005.
*9.6.1. Consider an ordinance amending Chapter 10, Sections 10.201 and 10.202 of
the Round Rock Code of Ordinances (1995 Edition) regarding water and wastewater utility
rates. (Second Reading)
OCTOBER 13, 2005
a�
*10.A.1. Consider a resolution approving an exception to the park curfew
regulations to allow overnight activity at Old Settlers Park at Palm Valley for a Barbecue
Cook-off. This item was withdrawn from the agenda at the request of staff.
*10.C.2. Consider a resolution expressing official intent to reimburse cost of
acquiring certain vehicles and equipment.
• *10.E.2. Consider a resolution authorizing the Mayor to execute an Agreement for •
the Purchase of Generator Maintenance and Service with Austin Fleet Maintenance dba Fleet
Maintenance of Texas.
*10.F.2. Consider a resolution authorizing the Mayor to execute Supplemental
Contract No. 1 to the Contract for Engineering Services with WHM Transportation
Engineering Consultants, Inc. for design work on traffic signals at the intersection of RM 620
and the Round Rock Medical Center Entrance.
MOTION: Councilmember Rhode moved to approve all the remaining items on the
consent agenda. Councilmember Salinas seconded the motion.
VOTE: Ayes: Mayor Pro-tem McGraw
E. Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
• Absent: Councilmember Honeycutt •
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*8.A. Consider approval of the City Council minutes for August 17-18 2005 and
September 22, 2005. This item was approved under the consent agenda.
ORDINANCES:
9.A.1. Consider an ordinance amending Chapter 2 Sections 2 1300 2 1904 and
2.1906 of the Round Rock Code of Ordinances (1995 Edition) regarding the licensing of dogs
and cats. (First Reading) Police Captain Tim Ryle made the staff presentation. As the City
assumes pet licensing, impound, and adoption functions, changes in the pertinent portions
of the City Code are necessary. The following changes also set into ordinance the fees
associated with these functions.
Fee Cost
Impound Fee 1St Offense $20.00
Impound Fee 2ndand Subsequent Events $25.00 •
Boarding Fee per each 24 Hour Period or Portion Thereof $10.00
Rabies Quarantine per Da 15.00
Any Medical Costs Incurred Actual Cost
Adoption Fee - All Animals $75.00
License Fee - Sterilized Animal $5.00
License Fee - Non-sterilized Animal $10.00
License Fee - Service Dogs and Senior Citizens No Charge
These changes are partly associated with the City contracting with the City of
Pflugerville for animal boarding services.
ORDINANCE NO.
V OCTOBER ].3 2005
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, CHAPTER 2, SECTION 2.1300 LICENSING ,OF DOGS AND CATS AND
ESTABLISHING A LICENSE FEE AMOUNT; AND AMENDING SECTION 2.1904 IMPOUNDED
ANIMAL BECOMES PROPERTY OF CITY AND ESTABLISHING AN ADOPTION FEE; AND
AMENDING SECTION 2.1906 RECLAIMING ANIMALS AND IMPOUNDMENT FEES TO
ESTABLISH RECLAMATION AND IMPOUNDMENT FEES ; 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: Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Honeycutt
ACTION: The motion carried unanimously.
*9.B.1. Consider an ordinance amending Chapter 10, Sections 10.201 and 10.202 of
the Round Rock Code of Ordinances (1995 Edition) regarding water and wastewater utility
rates. (Second Reading), This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.201 AND 10.202, CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND
WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
• 9.B.2. Consider an ordinance approving Amendment No. 2 to the FY 2004-2005 •
Operating Budget. (First Reading) Cindy Demers, Finance Director made the staff
presentation. This budget amendment allocates available cash from fiscal year 2004-2005
to specified capital purchases and capital projects. The available funds are provided
primarily due to the collection of additional sales tax revenues, other revenues and
departmental budget savings. The amendment also reflects the planned allocation of
available funds from the utility operating fund to the utility capital construction program.
Ms. Demers outlined the Budget Revision No. 2:
General Fund FY 2005
Revenue Adiustments
Sales Tax $5,000,000
Net Additional Revenue 1,353,000
Total Revenue Adjustments - General Fund $6,353,000
Expenditure/Transfer.Adjustments
Net Department Savings (1,337,000)
Capital Items FY 2005 & FY 2006 933,200
2006 Capital Spending Plan Police Building 6,556,800
2006 Capital Spending Plan - Pool &Skate Park 200,000
Total Expenditure Adjustments - General Fund 6.353.000
Utility Fund
Revenue Adjustment
No Revenue Adjustments
Transfer Adiustment
Transfer to Self-Financed Capital Projects (12,300,000)
Total Transfer Adjustments - Utility Fund (12.300.0001
3� OCTOBER 13, 2005
�1
Capital Funding Items FY 2005
Generator for City Hall $121,000
Radio System Study (CWICS) 73,000
Total for FY 2005 $194,000
Capital Funding Items FY 2006
Media Integration with Website (Administration) $33,350
Bulletin Boards (Administration) 10,000
• Digital Records Management (Administration) 42,000 •
Channel 10 Server Replacement (Administration) 12,240
Storage Room Finish-Out (Planning) 79,390
CD Music Displays (Library) 5,800
3 Police Vehicles (Police) 168,000
Breathing Air Compressor (Fire) 53,000
Recruiting Self-Service Module (Human Resources) 20,420
Public Works Master Plan (Public Works) 50,000
Pothole Patcher (Street) 95,000
Small Engine Expansion (City Shop) 40,000
Parts Room Expansion (City Shop) 130,000
Total for FY 2006 739,200
Total Capital Items $933,200
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE
CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2004-2005.
MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember
Rhode 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.
9.13.3. Consider an ordinance adopting the proposed Library Fund Budget for FY
2005-2006. (First Reading) Cindy Demers, Finance Director made the staff presentation.
This fund accounts for donations by patrons of the library for various book and videos to be
purchased and housed in the Library. Ms. Demers outlined the following budget.
Estimated Fund Balance 10/01/05 $14,282
Less: Department Reserves (11,798)
$2,484
Revenues
Interest Income 116
Library Donations 800
Total Revenues 916
Total Funds Available 3,400
Expenditures •
Fiction Books and Materials 3,400
Total Expenditures 3,400
Estimated Unreserved Fund Balance 9/30/06 ($01
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE
2005-2006 FISCAL YEAR.
MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
�j
OCTOBER 13, 2005
VOTE: Ayes: Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Honeycutt
ACTION: The motion carried unanimously.
9.B.4. Consider an ordinance adopting the Park Development Budget for FY 2005-
2006. (First Reading) Cindy Demers, Finance Director made the staff presentation. This •
fund accounts for the collection and expenditure of fees from two specific parks and
recreation related sources: sports league teams fees used for the improvement of facilities;
and, park development fees collected from developers of subdivisions who choose to
provide cash in lieu of designating parkland. These funds are restricted based on guidelines
provided in the subdivision ordinance. This fund also accounts for any specific donations the
City may receive related to Parks improvements. Ms. Demers outlined the following budget.
Estimated Fund Balance 10/1/05 $35,916
Add: Deferred Revenue - Parklan,d Fees 20,753
Less: Ball field Reserves (30,751)
$25,918
Revenues
Sports League Fees $8,000
Interest Income 525
Total Revenues $8,525
• Total Funds Available $34,443 •
Expenditures
McNeil Park
Ball field Improvements 0
Unspecified
Playground Equipment 0
Parkland Development
Parkland Development 0
Total Expenditures $ 0
Estimated Unreserved Fund Balance 9/30/06 3M.44
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARK DEVELOPMENT
FUND FOR THE 2005-2006 FISCAL YEAR.
MOTION: Councilmember Rhode moved to adopt the ordinance. 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.
9.13.5. Consider an ordinance adopting the Tree Replacement Fund Budget for FY
2005-2006. (First Reading) Cindy Demers, Finance Director made the staff presentation.
The Protected Trees Ordinance requires a fee for removal of protected trees meeting criteria
outlined in the ordinance. Removed trees are replaced with trees and irrigation systems,
33 OCTOBER 13, 2005
�33
which comply with the ordinance guidelines. Fees generated under the Tree Protection
ordinance provides funding for the protection, maintenance and management of the City's
existing forest resources to minimize tree loss and provide for replacement of trees
removed resulting from new development. Ms. Demers outlined the following budget.
Estimated Fund Balance 10/1/05 $28,637
Less: Departmental Reserves (5,000)
• Revenues $23,637 •
Tree replacement fees 5,000
Donations/Contributions 3,125
Interest Income 373
Total Revenues $8,498
Total Funds Available $32,135
Expenditures
Tree Planting $20,000
Sub Total $20,000
Total Expenditures $20,000
Estimated Unreserved Fund Balance 9/30/06 $12,135
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE TREE REPLACEMENT
FUND FOR THE 2005-2006 FISCAL YEAR.
MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember
• Salinas 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.
9.6.6. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget
for FY 2005-2006._YFirst Reading) Cindy Demers, Finance Director made the staff
presentation. The City owns Forest Creek Golf course and has contracted with CCA
Silband/ GolfCorp/Round Rock Inc. (On-Course Strategies) to manage and operate the
course. As part of the agreement, the operator prepares a capital budget for capital
improvements and equipment. The budget is funded by 3% of gross fees generated by the
course and submitted to the City on a monthly basis. The course has always been self-
supporting and no tax money or general revenues have been required to operate the course •
or to pay debt service. Ms. Demers outlined the following budget.
Estimated Fund Balance 10/01/05 $15,028
Less: Department Reserves (5,000)
$10,028
Revenues
Gross Receipts (at 3%) 50,000
Interest 464
Total Revenues $50,464
Total Funds Available $60,492
OCTOBER
3, 2005
�v
Expenditures
Golf Course Equipment and Machinery $33,850
Contingency 16,663
Total Expenditures $50,513
Estimated Unreserved $ 9,979
ORDINANCE NO.
• AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF
COURSE FOR FISCAL YEAR 2005-2006.
MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember
Rhode 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.
RESOLUTIONS:
*10.A.1. Consider a resolution approving an exception to the park curfew
regulations to allow overnight activity at Old Settlers Park at Palm Valley for a Barbecue
Cook-off. This item was withdrawn from the agenda at the request of staff.
• 10.A.2. Consider a resolution authorizing the Mayor to execute a grant agreement
with the Texas Parks & Wildlife Department for an outdoor recreation grant for the Greater
Lake Creek Park. Rick Atkins, Parks and Recreation Director 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. 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 Department Grant. The City has also submitted an application.for a grant
from the Lower Colorado River Authority. The Parks and Recreation department has
received several petitions and numerous requests over the past three years for a dog park
and a skate park and several public hearings associated with the grant applications were
• held.
RESOLUTION NO.
WHEREAS, the Texas Parks and Wildlife Department has grant funds available
through the Texas Recreation and Parks Account Grant Program, and
WHEREAS, the City Council wishes to enter into a Texas Recreation and Parks
Account Agreement for the available grant funds for the Greater Lake Creek Park 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
Texas Recreation and Parks Account Agreement, a copy of same being attached hereto as
Exhibit"A" and incorporated herein for all purposes.
OCTOBER 13, 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 13th day of October, 2005.
MOTION: Mayor Pro-tem McGraw moved to adopt 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.
10.B.1. Consider a resolution authorizing the Mayor to execute an Agreement for
the Purchase of Police and Fire Department Uniforms from Miller Uniforms & Emblems. Inc.
Chief of Police Bryan Williams made the staff presentation. This contract is for the purchase
of Police and Fire uniforms. As a result of the city's bid process, Miller Uniforms & Emblems
Inc. was found to submit the best bid. The contract sets out the prices for the various
uniform pieces. The estimated cost for FY 2005-2006 is $85,000. The term of the
agreement is for 12 months and is renewable for a period not to exceed 4 years.
i RESOLUTION NO.
•
WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of
uniforms for the Police and Fire Departments, and
WHEREAS, Miller Uniforms & Emblems, Inc. has submitted the lowest responsible
bid, and
WHEREAS, the City Council wishes to accept the bid of Miller Uniforms & Emblems,
Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Police and Fire Department Uniforms with Miller Uniforms &
Emblems, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and
incorporated herein.
'The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting- was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Rhode moved to adopt the resolution. Councilmember
Salinas 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.
10.B.2. Consider a resolution authorizing the Mayor to execute a grant agreement
with the U.S. Department of Justice. Office of Justice Programs for a Justice Assistance
Grant. Chief of Police Bryan Williams made the staff presentation. This past spring, the
3 l!J i�!rT lJ'
OCTOBER 13, 2005
Police Department applied for funding with the Edward Byrne Justice Assistance Program.
These funds will be used to purchase equipment for the department's patrol and dispatch
functions. The Council approved the original application for these funds on March 24, 2005.
The cost of the agreement is for $13,241.00.
RESOLUTION NO.
• WHEREAS, the U.S. Department of Justice, has grant funds available to cities for
various law enforcement projects, and
WHEREAS, the City Council wishes to enter into a Grant Agreement with the U.S.
Department of Justice for Office of Justice Programs grant funds for the procurement of
equipment, technology, and other material directly related to basic law enforcement
functions, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Grant Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
'MOTION: Councilmember Clifford moved to adopt the resolution. Mayor Pro-tem
McGraw 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.
10.C.1. Consider a resolution authorizing the filing df applications with the Federal
Transit Administration for federal transportation assistance. Cindy Demers, Finance Director
made the staff presentation. This resolution authorizes the City Manager to file the required
certifications and assurances and any additional documentation.to the FTA in order for the
City to qualify as a grantee for federal transportation dollars under Section 5307. Under
this status, the City will be able to request reimbursement of certain transportation related
expenditures. The City previously entered into an interlocal agreement with Capital Metro to
enable the City to access FTA Section 5307 funding generated by Round Rock residents.
The City is working with The Goodman Corporation and Capital Metro to access funds for the
• reimbursement of expenditures previously spent by the City for the CARTS program. These
funds are expected to be available from Capital Metro by November of this year. This
resolution is the next step for the City to receive FTA funds as a grantee.
A representative of the Goodman Company outlined the steps for the City to become
a federal administrator grantee.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT
ADMINISTRATION (AN OPERATING ADMINISTRATION OF THE UNITED STATES
DEPARTMENT OF TRANSPORTATION) FOR FEDERAL TRANSPORTATION ASSISTANCE
y � V
OCTOBER 13, 2005
�37
AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23, UNITED STATES CODE, AND OTHER
FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION.
WHEREAS, the Federal Transportation Administrator has been,.delegated authority to
award Federal financial assistance for a transportation project; and
WHEREAS, the grant or cooperative agreement for Federal financial assistance will
impose certain obligations upon the City of Round Rock as Applicant, and may require the
City of Round Rock to provide the local share of the project cost; and
WHEREAS, the City of Round Rock has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
• That the City Manager of the City of Round Rock, Texas is hereby authorized to •
execute and file an application for Federal assistance on behalf of the City with the Federal
Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23,
United States Code, or other Federal statutes authorizing a project administered' by the
Federal Transit Administration.
That the City of Round Rock is the Designated Recipient, as defined by 49 U.S.C.
Section 5307(a)(2), for Urbanized Area Formula Program assistance.
That the City Manager of the City of Round Rock, Texas is authorized to execute and
file with the City's applications the annual' certifications and assurances and other
documents the Federal Transportation Administration requires before awarding a Federal
assistance grant or cooperative agreement.
That the City Manager of the City of Round Rock, Texas is authorized to execute
grant and cooperative agreements with the Federal Transit Administration on behalf of the
City of Round Rock, Texas.
The City Council hereby finds and declares that written notice of the date, hour;
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Rhode moved to adopt 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.
*10.C.2. Consider a resolution expressing official intent to reimburse cost of
acquiring certain vehicles and certain vehicles and equipment. This item was approved under the consent
agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock, Texas (the "Issuer") is a home-rule City of the
State of Texas, and
WHEREAS, the Issuer expects to pay expenditures in connection with acquiring
certain vehicles and equipment (the "Property") prior to the issuance of obligations to
finance the Property, and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the
Issuer for the payment of such expenditures will be appropriate and consistent with the •
lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance
with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for
such payments at such time as it issues obligations to finance the Property, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
I.
That the Issuer reasonably expects to incur debt, as one or more separate series of
various types of obligations, with an aggregate maximum principal amount equal to
$600,000 for the purpose of paying the costs of the Property.
II.
That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date
which.is later than 18 months after the later of (1) the date the expenditures are paid or
(2) the date on which the property, with respect to which such expenditures were made, is
placed in service.
OCTOBER 13, 2005 C7
III.
The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this
Resolution more than three years after the date any expenditure which is to be reimbursed
is paid.
IV.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 55,1, Texas Government Code, as. amended.
• RESOLVED this 13th day of October, 2005. •
10.D.1. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with Travis County Emergency Services District No. 2 for radio devices to be
attached to city-owned elevated storage tanks. Tom Clark, Director of Utilities made the
staff presentation. Travis County Emergency Services District No. 2 made a request to
place radio antennas on both the High Country Elevated Water Storage Tank and the
Chisholm Valley Elevated Water Storage. The EDS requires additional relay points to
improve their emergency network and radio dispatch communications system to assist with
their emergency notifications systems within both Travis County and the corporate limits of
the City of Round.Rock. Staff in conjunction with the Legal Department developed an
Interlocal Agreement acceptable to both parties. The agreement allows Travis County
Emergency Services District No. 2 to place an antenna on each of the two tanks, and
• compensates $1,000 to the City to cover the costs associated with placing the attachments •
on the tanks. The term of the agreement is for 12 months and is renewable for a period not
to exceed 5 years.
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 Travis County Emergency Service District #2 for radio devices to be attached to city-
owned elevated storage tanks, Now Therefore ,
BE IT RESOLVED BY THE COUNCIL OF THE.CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized .and directed to execute on behalf of the City
said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005
• MOTION: Mayor Pro-tem McGraw moved to adopt the resolution. Councilmember
Rhode 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.
AT-� OCTOBER 13, 2005
10.D.2. Consider a resolution authorizing the Mayor to execute a contract with
Boretex. L.L.C. for the Gattis School Road Water Line Improvements Project Tom Clark,
Director of Utilities made the staff presentation. On September 6, 2005 seven bids were
received for the Gattis School Road Water Line Improvements Project and the low bid of
$251,575.00 was from Boretex, LLC. Based on the review of the bids by staff and the
project engineer, S.D. Kallman, L.P., it was recommended that the bid be awarded to the •
low bidder, Boretex, LLC. The installation of this 12" waterline will allow the City to increase
well water use by approximately one million gallons of water per day. The service area for
the current water well system is primarily in the downtown area and the additional piping
will increase the service area for well water use'.ito the City's southeast. Other than pumping
and disinfection cost, well water is free compared to untreated surface water which costs
$0.15 per 1,000 gallons. The projected annual savings to the City for the water alone is
approximately $55,000 and it is anticipated the project will pay for itself in less than five
years. The proposed waterline will connect a 16" waterline in South Mays Avenue to a 12"
waterline located in Gattis School Road. The construction cost was budgeted at
$270,000.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the Gattis School
Road Water Line Improvements Project, and
WHEREAS, Boretex, L.L.C. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Boretex, L.L.C., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
contract with Boretex, L.L.C. for the Gattis School Road Water Line Improvements Project.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Rhode moved to adopt the resolution. Councilmember
Salinas 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.
10.E.1. Consider a resolution authorizing the Mavor to execute a Standard Form of
Agreement between Owner and Architect with Standard Form of Architect's Services with R
Gill &Associates for the design of Clubhouse Renovations addition of a Pavilion and Parkinci
Lot Improvements for the Forest Creek Golf Course.the Forest Creek Golf Course Larry Madsen, Building Construction
Manager made the staff presentation. Improvements to the Forest Creek Golf Course will
include Clubhouse Renovations as well as a new Event Pavilion addition to provide dining for
o
OCTOBER 13, 2005
40
approximately 150 people. The clubhouse renovations would improve capabilities for food
preparation and the pavilion would provide an indoor/outdoor facility to house non-golf
portions of tournaments and events. R. Gill and Associates designed the original project and
staff felt with their prior history, qualifications and plans would be an excellent choice for
this project. The agreement includes architecture design, mechanical/electrical/plumbing
• engineering, civil and structural engineering, as well as landscape design. The cost of this 0
agreement is $57,275.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain professional architectural
services for the design of clubhouse renovations, addition of pavilion, and parking lot
improvements for the Forest Creek Golf Course, and
WHEREAS, R. Gill & Associates has submitted a Standard Form of Agreement
Between Owner and Architect with Standard Form of Architect's Services ("Agreement") to
provide said services, and
WHEREAS, the City Council desires to enter into said Agreement with R. Gill &
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
Standard Form of Agreement Between Owner and Architect with Standard Form of
Architect's Services ("Agreement") with R. Gill & Associates for the design of clubhouse
renovations, addition of pavilion, and parking lot improvements for the Forest Creek Golf
Course, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at. all times during which this
•
Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day.of October, 2005.
MOTION: Councilmember Clifford moved to adopt the resolution. Councilmember
Salinas 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.
*10.E.2. Consider a resolution authorizing the Mayor to execute an Agreement for
the Purchase of Generator Maintenance and Service with Austin Fleet Maintenance dba Fleet
Maintenance of Texas. This item was approved under the consent agenda.
RESOLUTION NO.
• WHEREAS, the City of Round Rock has duly advertised for bids for generator i
maintenance and service, and
WHEREAS, Austin Fleet Maintenance dba Fleet Maintenance of Texas has submitted
the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Austin Fleet Maintenance dba
Fleet Maintenance of Texas, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase .of Generator Maintenance and Service with Austin Fleet
Maintenance dba Fleet Maintenance of Texas, 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
- l
4-1 OCTOBER 13, 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. r
312�
RESOLVED this 13th day of October, 2005.
10.F.1. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with HDR Engineering, Inc. for the A.W. Grimes Boulevard Project
Phase II. Tom Martin, Director of Transportation Services made the staff presentation.
The A.W. Grimes Boulevard Phase II of this project, which is from Lake Creek to US 79, was •
awarded to RGM Constructors, L.P. on July 14, 2005. Construction began on September 13,
2005. Additional engineering services are required with HDR Engineering, Inc., for support
and coordination with the Union Pacific Railroad to provide right-of-way documentation, and
archeological investigation for the A.W. Grimes Boulevard/Brushy Creek crossing. The cost
of the contract is $49, 370.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for the
A.W. Grimes Boulevard Project, Phase II (from US 79 to Lake Creek), 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 A.W. Grimes
Boulevard Project Phase II (from US 79 to Lake Creek), a copy of said contract being
attached hereto as Exhibit"A" and incorporated herein for all purposes. •
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Salinas moved to adopt the resolution. Councilmember
Rhode 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.
*10.F.2. Consider a resolution authorizing the Mavor.to execute Supplemental
Contract No. 1 to the Contract for Engineering Services with WHM Transportation
•
Engineering Consultants Inc for design work on traffic signals at the intersection of RM 620
and the Round Rock Medical Center Entrance. 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 WHM Transportation Engineering Consultants, Inc.
for design work on traffic signals at the intersection of RM 620 and the Round Rock Medical
Center entrance, and
vv
OCTOBER 13, 2005
WHEREAS, WHM Transportation Engineering Consultants, 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 WHM Transportation Engineering Consultants, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and. directed to execute on behalf of the City
Supplemental Contract No. 1 to the Contract for Engineering Services with WHM
Transportation Engineering Consultants, Inc., a copy of same being attached hereto as
Exhibit"A" and incorporated herein.
• The City Council hereby 'finds and declares that written notice of the date, hour, .
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and. the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
10.F.3. Consider a resolution authorizing the Mayor to execute a Reimbursement
Agreement with McLeod USA Telecommunications Services for the IH-35 Area
Improvements Project. Tom Martin, Director of Transportation Services made the staff
presentation. This work is for the relocation of utilities within the right-of-way of the IH-35
Area Improvements Project. The cable location is in conflict with Chandler.Road in
conjunction with the IH-35 area improvements project. This project was awarded by the
Highway Commission in September and is scheduled for construction in December. This
agreement.will provide reimbursement to McLeod USA Communications for adjusting the
location of their fiber optic cable. The cost of this agreement is $ 122, 285.00.
• RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement
with McLeod USA Telecommunications Services ("McLeod") for the relocation of fiber optic
cables owned by McLeod in connection with the IH-35 Area Improvements 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 McLeod USA Telecommunications Services, a copy of
same being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such. meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Clifford moved to adopt the resolution. Councilmember
Salinas 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.
10.G.1. Consider a resolution authorizing the Mayor to execute a Convention and
Visitors Bureau Event Funding Agreement with the Round Rock Community Choir. Nancy
Yawn, Director of the Convention and Visitors Bureau made the staff presentation. These
funds were approved in the proposed Hotel Tax Budget for Event Funding. The event
t
OCTOBER 13, 2005
q3
sponsor applications were reviewed by the Tourism Commission on July 26, 2005. The
Choir requested funding of$10, 000; the commission recommended funding of $7,500. The
presentation of the Tourism Commission's recommendation was made by Nancy Yawn at
the September 8, 2005 Council meeting.
RESOLUTION NO.
• WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance
with V.T.C.A., Tax Code §351.002, and
WHEREAS, the City evaluates funding requests from local agencies to help fund
community events which will directly enhance and promote tourism and the convention and
local hotel industry, and
WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a
request for event funding from the Round Rock Community Choir ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for the encouragement, promotion, improvement, and application of the arts, relating to the
presentation, performance, execution and exhibition of major art forms, and
WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau
Event Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Mayor Pro-tem McGraw moved to adopt the resolution and that the
• fundingfor the Round Rock Co •
Community Choir is $10,000. Councilmember Salinas seconded
the motion.
VOTE: Ayes: Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: Mayor Maxwell
Absent: Councilmember Honeycutt
ACTION: The motion carried with 4 ayes and 1 nay.
10.G.2. Consider a resolution authorizing the Mavor to execute a Convention and
Visitors Bureau Event Funding Agreement with the Palm House Museum Association Nancy
Yawn, Director of the Convention and Visitors Bureau made the staff presentation. These
funds were approved in the proposed Hotel Tax Budget for Event Funding. The event
sponsor applications were reviewed by the Tourism Commission on July 26, 2005. The
amount of requested was $8,000; the Tourism Commission recommended $8,000 for
approval. •
RESOLUTION NO.
WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance
with V.T.C.A., Tax Code §351.002, and
WHEREAS, the City evaluates funding requests from local agencies to help fund
community events which will directly enhance and promote tourism and the convention and
local hotel industry, and
WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a
request for event funding from the Palm House Museum Association ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for historical restoration and preservation projects and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites or museums, and
OCTOBER 13, 2005
WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau
Event Funding Agreement with the Agency, Now.Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A",and incorporated herein for all purposes.
The City. Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution .was adopted was posted and that
such .meeting was open to the public'as required by law at all times during which this
Resolution and the subject.matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as •
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Rhode moved to adopt the resolution and that the funding
for the Palm House Museum Association is $8,000. Councilmember Salinas 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.
10.G.3. Consider a resolution authorizing the Mayor to execute a Convention and
Visitors Bureau Event Funding Agreement with the Sam Bass Community Theatre, Nancy
Yawn, Director of the Convention and Visitors Bureau made the staff presentation. These
funds were approved in the proposed, Hotel Tax Budget for Event Funding. The event ,
•
sponsor applications were reviewed by the Tourism Commission on July 2, 2005. Sam Bass
Theatre requested funds of$9,000; the Tourism Commission recommended funding for
$6,000. The presentation of the Tourism Commission's recommendation was made to the
Council. by Nancy Yawn at the September 8, 2005 Council.meeting.
-RESOLUTION NO.
WHEREAS, the City of Round Rock has,adopted a Hotel Occupancy Tax in accordance
with V.T.C.A., Tax Code §351.002, and
WHEREAS, the City evaluates funding requests from local agencies to help fund
community events which will directly enhance'and promote tourism and the convention and
local hotel industry, and
WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a
request for event funding from the Sam Bass Theatre Association ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for the encouragement, promotion, improvement, and. application of the arts, relating to the
presentation, performance, execution and exhibition of major art forms, and
WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau
Event Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open. Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Salinas moved to adopt the resolution and that the
funding for the Sam Bass Theatre is $9,000. Mayor Pro-tem McGraw seconded the motion.
OCTOBER 13, 2005
4.5
VOTE: Ayes: Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: Mayor Maxwell
Absent: Councilmember Honeycutt
ACTION: The motion carried with 4 ayes and 1 nay.
10.G.4. Consider a resolution authorizing the Mayor to execute a Convention and
• Visitors.Bureau Event Funding Agreement with EI Amistad Club of Round Rock for Fiesta •
Amistad. Nancy Yawn, Director of the Convention and Visitors Bureau made the staff
presentation. These funds were approved in the proposed Hotel Tax Budget for Event
Funding. The event sponsor applications were reviewed by the Tourism Commission on July
26, 2005. El Amistad requested $2,500; the Tourism Commission recommended funding
$2,500. The presentation of the Tourism Commission's recommendation was made to the
Council by Nancy Yawn on September 8, 2005.
RESOLUTION NO.
WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance
with V.T.C.A., Tax Code §351.002, and
WHEREAS, the City evaluates funding requests from local agencies to help fund
community events which will directly enhance and promote tourism and the convention and
local hotel industry, and
WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a
request for event funding from the EI Amistad Club of Round Rock ("Agency") for Fiesta
Amistad, and
WHEREAS, the City Council hereby determines that the requested funds will be used
• for advertising and conducting solicitations and promotional programs to attract tourists and
convention delegates to the area, and for the encouragement, promotion, improvement,
and application of the arts, relating to the presentation, performance, execution and
exhibition of major art forms, and
. WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau
Event Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Salinas moved to adopt the resolution and that the
funding for the Fiesta Amistad is $2,500. Councilmember Rhode 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.
10.G.5. Consider a resolution of support for Concordia University to locate to Round
Rock. Jim Nuse, City Manager made the staff presentation. Concordia received offers from
thirty different cities and individuals for new campus locations, including one in Round Rock
in Avery Farms from the Avery Family, composed of Charles, John and Nelson Avery and
OCTOBER 13,' 2005
i
Christina Avery Fell. The City of Round Rock supports and endorses the efforts to add
Concordia University to the growing educational and medical center at Avery Farms in
Northeast Round Rock on FM 1460, which would tremendously increase the educational
opportunities for the citizens of Round Rock.
RESOLUTION NO.
WHEREAS, Concordia University at Austin is a private, coeducational institution of �.
• liberal arts and sciences offering 22 undergraduate majors in four colleges plus a Masters in
Education graduate degree, and an Accelerated Degree Program for part-time and adult
students; and
WHEREAS, on February 26, 2005, the Board of Regents of Concordia University at
Austin voted to consider selling the existing Austin campus assuming that a suitable new
location in central Texas could be selected within a reasonable amount of time; and
WHEREAS, Round Rock is in the center of. a rapidly growing and dynamic region and
the population and employment opportunities of Round Rock and Williamson County are
expected to increase dramatically in the coming years; and
WHEREAS, Concordia received offers from thirty different cities and individuals for
new campus locations, including one in Round Rock from.the Avery Family, composed of
Charles, John and Nelson Avery and Christina Avery Fell; and
WHEREAS, in September of 2005, Concordia narrowed the list of potential sites to
two locations, one being Avery Farms in Northeast Round Rock on FM 1460; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City of Round Rock supports and endorses the efforts to add Concordia
University to the growing educational and medical center at Avery Farms which would
tremendously increase the educational opportunities for the citizens of Round Rock,
Williamson County, and all of Central Texas.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
• upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
'RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Rhode moved to adopt the resolution. Councilmember
Salinas 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.
10.1-1.1. Consider a resolution authorizing the Mayor to execute a Funding AQproval/
.Agreement with the U.S. Department of Housing and Urban Development for Community
Development Block Grant funds for Program Year 2005-2006. Mona Ryan made the staff
presentation. This constitutes the contract between the Department of Housing and Urban
• Development and the.City of Round Rock for,use of Community Development.Block Grant
Funds. All activities approved in the 2005-2006 Second Program Year Action Plan will be
funded with this money. The cost of the agreement is $432,202.
RESOLUTION NO.
.WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has
grant funds.available to cities through the Community Development Block Grant Program,
and
WHEREAS, the City Council wishes to make application for the available grant funds
for specific projects and activities identified in the 2005-2006 Second Program Year Action
Plan that was adopted by the City Council on August 11, 2005, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
4 -
OCTOBER 13, 2005
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Funding Approval/Agreement with HUD for the above-described grant, a copy of said
Approval/Agreement being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005. -S •
MOTION: Councilmember Rhode moved to adopt the resolution. Mayor Pro-tem
McGraw 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.
10.H.2. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Round Rock Area Serving Center in the
amount of $35,000. Mona Ryan made the staff presentation. The Serving Center applied
for funds to purchase bricks that will be used to complete the siding on their new facility
that will house the food pantry. This contract allows the Serving Center 15 months to use
• these funds due to construction involved. The contract period begins 10/1/04 and expires
12/30/05. This activity is approved in the 2004-2005 Community Development Action Plan
that was adopted by Resolution R-04-07-22-13C1 along with the Five Year Plan. The cost of
the agreement.is $35,000.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving
Center to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with the Round Rock Area Serving Center, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant Agreement with the Round Rock Area Serving Center,
a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this •
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this-13th day of October, 2005.
MOTION: Councilmember Salinas moved to adopt the resolution. Mayor Pro-tem
McGraw seconded the motion.
VOTE: Ayes: Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
) /
�-f OCTOBER 13, 2005
Nays: None
Absent: Councilmember Honeycutt
ACTION: The motion carried unanimously.
10.1-1.3. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Williamson County Crisis Center in the
amount of $10,000. Mona Ryan made the staff presentation. The Crisis Center applied for
funds to install afire alarm safety system for their 6,000 square foot facility. This contract
allows the Crisis Center 15 months to use these funds due to construction involved. The
contract period begins 10/1/04 and expires 12/30/05. This activity is approved in the 2004-
2005 Community Development Action Plan that was adopted by Resolution R-04-07-22-
13C1 along with the Five Year Plan. The cost of the agreement is $10,000.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage The Williamson County Crisis
Center to assist the City in utilizing said. funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with The Williamson County Crisis Center, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant Agreement with The Williamson County Crisis Center,
a copy of said agreement being attached hereto as Exhibit,"A" and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof,were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Clifford moved to adopt the resolution. Councilmember
Rhode 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.
10.1-1.4. Consider a resolution consentin4 to the annexation of approximately 29.4
acres of land into the Brushy Creek Municipal Utility District. Jim Stendebach, Planning and
Community Development Director made the staff presentation. These tracts are not
contiguous to the current city limits and there are no plans to annex further west along Sam
Bass Road. The 29.4 acres that will be annexed by the MUD are the sites of the New Water
Treatment facility on Sam Bass Road and the Wastewater Plant on Brushy Creek.
RESOLUTION NO.
A RESOLUTION CONSENTING TO THE ADDITION OF 29.4 ACRES OF LAND TO BRUSHY
CREEK MUNICIPAL UTILITY DISTRICT FOR INCLUSION IN SAID DISTRICT.
WHEREAS,-attached to this resolution and made a part hereof is a petition requesting
the consent of the City of Round Rock, Texas, to the annexation of three tracts of land
_ t
qqOCTOBER 13 2005
49
consisting of 29.4 acres of land into the Brushy Creek Municipal Utility District, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Petition for Water and Wastewater Service into Brushy Creek Municipal
District, 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 Brushy
Creek Municipal Utility District.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
Such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted •
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of October, 2005.
MOTION: Councilmember Rhode moved to adopt the resolution. Mayor Pro-tem
McGraw 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.
10.1-1.5. Consider a resolution authorizing the Mayor to execute a Consent
Agreement with Merion 100, L.P. consenting to the creation of Walsh Ranch Municipal Utility
District. Jim Stendebach, Planning and Community Development Director made the staff
presentation. The following are the main provisions of the consent agreement:
1 T Dw I •
The MU would provide services to the 40 acre Middle School site which abuts the
development.
2) The approved Preliminary plat is attached as an exhibit.
3) The developer will donate 15 acres.of parkland west of IH-_35.
4) Developer will acquire the portions of Behrens Ranch Parkway required to extend the
road from Behrens Ranch to Great Oaks Blvd. and pay to extend the roadway.
5) MUD is solely responsible for any lift stations.
6) MUD will negotiate a Fire Protection agreement with the City.
7) All subdivision improvements will meet city standards.
8) City will provide wholesale water and wastewater services.
9) Developer will provide widening for Sam Bass Road and contribute $37,500 for
future traffic signals.
10) Developer or MUD will provide easements from Highland Joint Venture for a second
water line.
11) Development will pay City impact fees.
The Walsh Ranch, located west of Behrens Ranch on Sam Bass Road has a preliminary plat
approved. However, the city cannot service this area because a landowner of a 100-foot
wide strip of land between Behrens Ranch and Walsh Ranch;will not agree to provide the
easements and Rights of Way to connect to City Services and extends Behrens Ranch
Parkway to Great Oaks Boulevard. Therefore, the developer has requested a MUD to permit
him to develop without requiring the city to condemn property.
RESOLUTION NO.
WHEREAS, Merion 100, L.P. ("Developer") is the owner of approximately 99.52 acres
of land located within the extraterritorial jurisdiction of the City of Round Rock ("City"), and
WHEREAS, Developer intends to develop the land and has requested that the City
consent to the creation of a Municipal Utility District to be named Walsh Ranch Municipal
Utility District for said land, and
WHEREAS, the City wishes to enter into a Consent Agreement with the Developer
regarding the creation of Walsh Ranch Municipal Utility District, Now Therefore
i�
�D OCTOBER 13, 2005
5D
BE IT RESOLVED BY THE 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 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 13th day of October, 2005.
MOTION: Mayor Pro-tem McGraw moved to adopt the resolution. Councilmember
Rhode 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.
COUNCIL COMMENTS:
The Council thanked members of the Emergency Operations Center and the Round
Rock Independent School District for all their help with the Hurricane Rita evacuees. There
were about 1,300 individuals from the gulf coast in the City for about three night..
EXECUTIVE SESSION:
• 12.A. Executive Session as authorized by 8551.087 Government Code, related to
deliberation of an offer of a financial or other incentive to a business prospect that the City
Council seeks to have locate in or near the City of Round Rock. (Seton Hospital)
Mayor Maxwell called the Executive Session to order at 8:36 p.m. and adjourned at
9:06 p.m. The Council returned to the City Council Chamber for adjournment with no
discussion or action occurring.
ADJOURNMENT:
There being .no further business, the meeting adjourned at 9:06 p.m.
Res ectfully Submitted,
Christine R. Martinez, City Secretary
51
OCTOBER 27, 2005
The Round Rock City Council met in Work Session and Regular Session on Thursday,
October 27, 2005 in the City Council Chamber, 221 E. Main Street.
CALL WORK SESSION TO ORDER - 6:30 P.M. Mayor Pro-tem McGraw chaired the
meeting in Mayor Maxwell's absence.
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. Also present
were City Manager Jim Nuse and City Attorney Steve Sheets.
PRESENTATIONS:
3.A. Consider a presentation from the United Way regarding the Social Service
Agency funding process. Cindy Demers, Finance Director introduced Jennifer Edwards,
Chief Professional Officer,of United Way of Williamson County. Jennifer Edwards outlined
the Social Service Agency funding process and gave a report on the joint partnership
between the City and Williamson County. An annual report, from the United Way, will be
given to Council in early December 2005. The Social Service Agency Recommendation
Board was composed of Cindy Demers, Councilmember Joe Clifford, Former Councilmember
Gary Coe, and Mona Ryan.
• 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. Also present
were City Manager Jim Nuse and City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS: None
PROCLAMATIONS:
8.A. Consider a proclamation recognizing Xenia Voigt Elementary School on its 30th
Birthday. This was addressed before item 13.A.1 to allow representatives of Xenia Voigt
Elementary to arrive.
• PUBLIC HEARINGS:
9.A.1. Consider public testimony regarding proposed amendments to Chanter 11,
Zoning, Round Rock Code of Ordinances (1995 Edition), to add MU-1a (Mixed-Use Southwest
Downtown) District. Joelle Jordan, Senior Planner made the staff presentation. In February
2005, The Southwest Downtown Plan was adopted as an amendment to the General Plan
2000. The Southwest Downtown Plan recommended the adoption of a mixed-use district as a
key component to strengthen the current pattern of development in the area. The MU-1a
5
OCTOBER 27, 2005
(Mixed-Use Southwest Downtown) District establishes and preserves areas of mixed land uses
primarily devoted to combining low to moderate density residential development with low'to
moderate commercial development. Many of the requirements are similar to the commercial
zoning regulations already in place, there are a few notable changes:
• Multiple uses are allowed in the same building or on the same lot.
• Prohibition of some general commercial uses.
• More opportunities for residential living. - •
• Development that encourages a residential "feel".
• Added compatibility requirements for commercial development abutting existing
single-family residences.
• Lowered parking requirements.
Many public workshops were held as part of the planning process for the Southwest
Downtown Plan. On September 21, 2005 the Planning and Zoning Commission
recommended the addition of the MU-1a (Mixed-Use Southwest Downtown) District to the
Zoning Ordinance.
Mayor Pro-tem McGraw opened the public hearing.
John Moman, 1201 Johnson Way spoke in favor of the addition of the MU-1a District.
There being no further public testimony, the public hearing was closed.
9.A.2. Consider public testimony regarding an application filed by the City of.Round
Rock to rezone 12 blocks in the Southwest Downtown area to MU-1a (Mixed-Use Southwest
Downtown). Joelle Jordan, Senior Planner made the staff presentation. In February 2005, •
the Southwest Downtown Plan was adopted as an amendment to the General Plan 2000. In
order to implement the recommendations of the Southwest Downtown -Plan, the rezoning of
12 blocks in the Southwest Downtown Area to MU-la (Mixed-Use Southwest Downtown) is
necessary to establish and preserve areas of mixed land uses primarily devoted to
combining low to medium density residential development with low to moderate commercial
development. The area proposed for rezoning to MU-la (Mixed-Use Southwest Downtown)
is a 12-block area South of Round Rock Avenue, West of Mays, North of McNeil Road, East
of Lake Creek and IH-35. The present zoning includes C-1 (General Commercial), C-2
(Neighborhood Commercial), LI (Light Industrial), and SF-2 (Single-Family - Standard Lot).
Many public workshops were held as part of the planning process for the Southwest
Downtown Plan. The Planning and Zoning Commission recommended the rezoning of the 12
blocks to MU-la at their meeting on September 21, 2005.
Mayor Pro-tem McGraw opened the public hearing. There being no public testimony, •
the public hearing was closed.
CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by
one motion. There was no separate discussion on any of these items. Item 13A5 was
removed from the consent agenda and addressed in its normal sequence of the regular
agenda.
53,
OCTOBER 27, 2005
*11.A. Consider a roval of-the City Council minutes for October 11 2005 and
October 13, 2005.
*12.A.1. Consider an ordinance amending Chapter 2 Sections 2 1300 2 1904 and
2.1906 of the Round Rock Code of Ordinances (1995 Edition) regarding the licensing of dogs
and cats. (Second Reading)
*12.13.2. Consider an ordinance approving Amendment No. 2 to the FY 2004-2005
Operating Budget. (Second Reading)
*12.13.3. Consider an ordinance adopting the proposed Library Fund Budget for FY
2005-2006. (Second Reading)
*12.13.4. Consider an ordinance adopting the Park Development Budget for FY
2005-2006. (Second Reading)
*12.13.5. Consider an ordinance adopting the Tree Replacement Fund Budget for FY
2005-2006. (Second Reading)
*12.13.6. Consider an ordinance adopting the Forest Creek Golf Course Capital
Budget for FY 2005-2006. (Second Reading)
*13.A.1. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Bluebonnet Trails CMHMRC.
• *13.A.2. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Combined Community Action, Inc.
*13.A.3. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with LifeSteps.
*13.A.4. Consider a'resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with LifeWorks.
*13.A.5. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Literacy Council of Williamson County. This item
was withdrawn from the consent agenda and addressed in the normal sequence of the
agenda.
*13.A.6. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Round Rock Area Serving Center.
*13.A.7. Consider a resolution authorizing the Mayor to execute a Social Service
• Agency Annual Funding Agreement with Round Rock Caregivers.
*13.A.8. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Round Rock Health Clinic.
*13.A.9. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Round Rock Volunteer Center.
*13.A.10. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with the ARC of the Capital Area.
54
OCTOBER 27, 2005
*13.A.11. Consider a resolution authorizing the IMayor to execute a Social Service
Agency Annual Funding Agreement with Williamson County Children's Advocacy Center.
*13.A.12. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with YMCA of Greater Williamson County.
*13.A.13. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Williamson-Burnet County Opportunities •
*13.A.14. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Williamson County Crisis Center.
MOTION: Councilmember Honeycutt moved to approve all the remaining items on
the consent agenda. Councilmember Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*11.A. Consider approval of the City Council minutes for October 11, 2005 and
October 13, 2005. This item was approved under the consent agenda.
ORDINANCES:
*12.A.1. Consider an ordinance amending Chapter 2, Sections 2.1300, 2.1904, and
2.1906 of the Round Rock Code of Ordinances (1995 Edition) regarding the licensing of dogs
and cats. (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 2, SECTION 2.1300 LICENSING OF DOGS AND CATS AND
ESTABLISHING A LICENSE FEE AMOUNT; AND AMENDING SECTION 2.1904 IMPOUNDED
ANIMAL BECOMES PROPERTY OF CITY AND ESTABLISHING AN ADOPTION FEE; AND
AMENDING SECTION 2.1906 RECLAIMING ANIMALS AND IMPOUNDMENT FEES TO
ESTABLISH RECLAMATION AND IMPOUNDMENT FEES; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
12.B.1. Consider an ordinance approving and adopting a budget for the Municipal
Court Fund for Fiscal Year 2005-2006. (First Reading) Cindy Demers, Finance Director
made the staff presentation. This fund is divided into three sections, Child Safety fees, Court
Security fees, and Court Technology fees. These funds will create safer school zones for •
student pedestrians, support upgrades in Municipal Court Technology, and strengthen
security during court sessions. All fees accounted in this fund are collected on conviction of
certain Municipal Court offenses with expenditures that are defined by statute.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND
FOR THE 2005-2006 FISCAL YEAR.
Y 55
OCTOBER 27, 2005
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
• Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
*12.B.2. Consider an ordinance approving Amendment No. 2 to the FY 2004-2005
Operating Budget. (Second Reading) This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR AMENDMENT NO. 2 TO THE OPERATING BUDGET OF THE
CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2004-2005.
*12.13.3. Consider an ordinance adopting the proposed Library Fund Budget for FY
2005-2006. (Second Reading) This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE
2005-2006 FISCAL YEAR.
*12.B.4. Consider an ordinance adopting the Park Development Budget for FY
2005-2006. (Second Reading] This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARK DEVELOPMENT
FUND FOR THE 2005-2006 FISCAL YEAR.
*12.B.5. Consider an ordinance adopting the Tree Replacement Fund Budget for FY
2005-2006. (Second Reading) This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE TREE REPLACEMENT
FUND FOR THE 2005-2006 FISCAL YEAR.
*12.13.6. Consider an ordinance adopting the Forest Creek Golf Course Capital
Budget for FY 2005-2006. (Second Reading) This item was approved under the consent
agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF
• COURSE FOR FISCAL YEAR 2005-2006.
12.C.1. Consider an ordinance adopting the 2005-2006 Community Development
Block Grant budget. (First Reading) Jim Stendebach, Planning and Community
Development Director made the staff presentation. The 2005-2006, Community
Development Annual Action Plan was adopted by the City Council on August 11, 2005. The
five-year Community Development Five Year Consolidated Plan and Annual Action Plan was
adopted by the City Council on July 22, 2004 and approved by the Department of Housing
and Urban Development on October 1, 2004. This agreement between the City and HUD will
5. 6
OCTOBER 27, 2005
allow the use of Community Development Block Grant funds set aside for specific projects
and activities identified in the Community Development Annual Action Plan. Funding
allocated for FY 2006 and unspent funds from previous years are included in this plan.
• $432,402 for FY 2006;
• $400,604 for previous years;
• $883,006 Total budget
ORDINANCE NO. •
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2005-2006 FISCAL YEAR.
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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
PROCLAMATIONS:
8.A. Consider a proclamation recognizing Xenia Voigt Elementary School on its 30th
Birthday. Mayor Pro-tem McGraw read the following proclamation and presented it to Karla
Sartin with Xenia Voigt Elementary School. •
WHEREAS, the City of Round Rock has strived to encourage youth involvement and
activities throughout the community, and have sought to recognize individuals who support
the same; and
WHEREAS, Xenia Voigt was an outstanding member of our community and school
district, dedicating 48 years to educating children; and
WHEREAS, Ms. Voigt taught at Stony Point, a rural school located between Round
Rock and Hutto, for two years before launching her career in 1925 as a first grade teacher
in Round Rock; and
WHEREAS, in the fall of 1974 the children who were to attend the elementary school,
located at 1201 Cushing Drive, selected "Xenia Voigt Elementary" as the school name; and
WHEREAS, Xenia Voigt was particularly honored on October 31, 1975, when Xenia
Voigt Elementary School was opened and dedicated to her contributions; and
WHEREAS, Voigt Elementary still represents a thriving school with supportive
parents, dedicated staff, and talent-rich students.
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do
hereby proclaim the 27th day of October 2005 as
"Xenia Voigt Elementary Day"
in the City of Round Rock and encourage all citizens to recognize Xenia Voigt Elementary for
their thirty years of dedication to the youth of our community.
Proclaimed this 27th day of October 2005.
RESOLUTIONS:
*13.A.1. Consider a resolution authorizing the Mayor to execute a Social Service •
Agency Annual Funding Agreement with Bluebonnet Trails CMHMRC. This item was
approved under the consent agenda. ($2,400 will be used for the Child/Adolescent Mental
Health program)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable,-needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Bluebonnet
Trails CMHMRC, a non-profit corporation ("Agency"), and
57
OCTOBER 27, 2005
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide public mental health services to adults with serious
and persistent mental.illness and/or serious emotional disturbances, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
• place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.2. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Combined Community Action, Inc. This item was
approved under the consent agenda. ($1,000 will be used for the Elderly Homemakers
program)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Combined
Community Action, Inc., a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide assistance for elderly homemakers, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
• Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was-adopted was posted and that
such meeting was open to the public as required by law .at all ,times during which this
Resolution and the subject matter hereof were discussed, considered and, formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.3. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with LifeSteps. This item was approved under the
consent agenda. ($2,000 will be used for youth prevention intervention, outreach,
screening and referral services)
RESOLUTION NO.
WHEREAS, the City of .Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
• WHEREAS, the City of Round Rock has received a request for funds from Lifesteps, a
non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a. public purpose, namely to provide youth prevention and intervention, and to provide
outreach,screening and referral services, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
58
OCTOBER 27, 2005
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.4. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with LifeWorks. This item was approved under the
consent agenda. ($12,000 will be used for domestic violence counseling and treatment
services.) •
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Lifeworks,
a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide counseling, education, and support to youth,
individuals, and families, and
WHEREAS, the City Council desires to enter into .a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and in herein for all purposes.
The City Council hereby finds and declares that written notice. of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter ;551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.5. Consider a resolution authorizing the Mayor to'execute a Social Service •
Agency Annual Funding Agreement with Literacy Council of Williamson County. This item
was removed from the consent agenda and addressed at this time.
Councilmember Salinas disclosed that he was abstaining from the vote and
discussion on this item due to a conflict of interest and had submitted the appropriate
affidavit.
City staff and the United Way of Greater Williamson County participated in a joint
process to receive and evaluate funding requests from social service agencies. Funding has
been established in the current year operating budget for this agency. This agreement
outlines the terms and conditions for funding for the Literacy Council in the amount of
$7,000.
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social •
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Literacy
Council of Williamson County, anon-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide the resources and the programs necessary for
individuals to achieve literacy, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THEN I
COU C L OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
59
OCTOBER 27, 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 27th day of October 2005.
MOTION: Councilmember Honeycutt moved to-adopt the resolution. Councilmember
Clifford seconded the motion.
• VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Rhode
Nays: None
Abstain: Councilmember Salinas
Absent: Mayor Maxwell
ACTION: The motion carried with 5 ayes and 1 abstention.
*13.A.6. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Round Rock Area Serving Center. This item was
approved under the consent agenda. This item was approved under the consent agenda.
($25,000 will be used for the housing rent and/or temporary shelters for low income, elderly
or disabled persons)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Round
Rock Area Serving Center, a non-profit corporation ("Agency"), and
• WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide for the immediate physical needs of low-income
persons, the elderly, the disabled, children, and/or transients, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting_ was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.7. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Round Rock Caregivers. This item was approved
under the consent agenda. ($7,500 will be used to provide transportation and weekly calls
for comfort, safety and social contact to.elderly persons)
• RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Round Rock
Caregivers,.a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide alternative transportation for older adults who are
no longer able to drive cars or access public transportation, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
66
OCTOBER 27, 200$
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual FundingAgreement with the Agency, a co of said
9 PY
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.8. Consider a resolution authorizing the Mayor to execute a Social Service •
Agency Annual Funding Agreement with Round Rock Health Clinic. This item was approved
under the consent agenda. ($50,000 will be used for the indigent primary care program)
RESOLUTION NO.
.WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round. Rock has received a request for funds from Round
Rock Health Clinic, a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide medical evaluation, wellness and acute care and
treatment for indigent and low-income residents, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted •
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.9. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Round Rock Volunteer Center. This item was
approved under the consent agenda. ($33,000 will be used for the volunteer service
programs)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City.of Round Rock has received a request for funds from Round Rock
Volunteer Center, a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide leadership, initiative, and support for volunteer
efforts in the Round Rock community, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, •
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City,Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and :formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.10. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with the ARC of the Capital Area. This item was
61
OCTOBER 27, 2005
approved under the consent agenda. ($4,000 will be used for the Family & Caregiver
Support program)
RESOLUTION NO.
WHEREAS the City of Round Rock
evaluates funding requests from local social
service agencies to identify and help fund valuable,'needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from the ARC of
the Capital Area, a non-profit corporation ("Agency"), and
• WHEREAS, the City Council hereby determines that the requested funds will.be used
for a public purpose, namely to provide basic needs, crisis assistance and support services
for people with disabilities, their'families, and their caregivers, and
WHEREAS, the City Council desires. to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said.
agreement being attached hereto as Exhibit"A",,and incorporated herein for all purposes.
The City Council hereby finds and declares that writtennotice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.11. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Williamson County Children's.Advocacy Center. This
item was approved under the consent agenda. ($10,000 will be used for the child abuse
prevention program)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Williamson
County Children's Advocacy Center, a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide services to child victims of abuse, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.12,. Consider a resolution authorizing the Mayor.to execute a Social Service
• Agency Annual Funding Agreement with YMCA of Greater Williamson County. This item was
approved under the consent agenda. ($18,000 will be used for the Y-After School programs)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from YMCA of
Greater Williamson County, a non-profit corporation ("Agency"), and
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide a teen program, after-school activities for children
in grades K through Fifth, summer day camp for children in grades K through Eighth, and
child development center for children ages Two to Five, and
6. 2:
OCTOBER 27, 2005
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required; by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act; Chapter 551, Texas Government Code, as •
amended.
RESOLVED this 27th day of October, 2005.
*13.A.13. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Williamson=Burnet County Opportunities. This item
was approved under the consent agenda: ($6,000 will be used for Head Start, Adult Day
Care & Meals on Wheels programs)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from
Williamson-Burnet County Opportunities, a non-profit corporation ("Agency"), and
- WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide a senior nutrition and meal program, healthcare and
meals for special needs adults, and comprehensive services including education, health,
dental, and social services for children, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY.OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a •
Social Service Agency Annual Funding Agreement with the Agency, a copy .of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
*13.A.14. Consider a resolution authorizing the Mayor to execute a Social Service
Agency Annual Funding Agreement with Williamson County Crisis Center. This item was
approved under the consent agenda. ($25,000 will be used to provide shelter to victims of
domestic violence)
RESOLUTION NO.
WHEREAS, the City of Round Rock evaluates funding requests from local social
service agencies to identify and help fund valuable, needed community services, and
WHEREAS, the City of Round Rock has received a request for funds from Williamson
County Crisis Center, a non-profit corporation ("Agency"), and •
WHEREAS, the City Council hereby determines that the requested funds will be used
for a public purpose, namely to provide comprehensive services to victims of family
violence,.sexuaI assault, and other violent crimes, and
WHEREAS, the City Council desires to enter into a Social Service Agency Annual
Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Social Service Agency Annual Funding Agreement with the Agency, a copy of said
agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
OCTOBER 27, 2005
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
13.B.1. Consider a resolution authorizing the City to suspend the effective date for
a gas rate increase filed by Atmos Energy Corporation until January 2 2006 David Kautz,
Assistant City Manager made the staff presentation. On September 19, 2005, Atmos Energy
• filed its 2004 Gas Reliability Infrastructure Program (GRIP) with the Alliance of Texas
Municipalities (ATM) cities and other cities in the Atmos service area. This is the second
annual filing by Atmos to charge ratepayers for a return on certain pipeline investments.
The Railroad Commission is still considering the 2003 GRIP.filing of which ATM has a
number of concerns that may require some guidance from the courts. Jim Boyle, ATM
attorney, recommended that it is appropriate to suspend the rates in regards to this new
filing but will advise as to an appropriate strategy once the ATM Steering Committee has
met to make a final recommendation.
RESOLUTION NO.
RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE SUSPENSION OF
THE EFFECTIVE DATE UNTIL JANUARY 2, 2005 FOR THE GAS RELIABILITY
INFRASTRUCTURE PROGRAM ("GRIP") ADJUSTMENTS PROPOSED BY ATMOS ENERGY
CORPORATION'S MID-TEX DIVISION FOR CALENDAR YEAR 2004; AUTHORIZING
PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES
("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE
• CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD
COMMISSION OF TEXAS WITH REGARD TO THE GAS RELIABILITY INFRASTRUCTURE
PROGRAM .ADJUSTMENTS FOR CALENDAR YEAR 2004 PROPOSED BY ATMOS PIPELINE; .
REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT
THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about September 19, 2005 the Atmos Energy Corporation's Mid-Tex
Division ("Atmos Energy") filed an application with the City to.increase gas rates for its Gas
Reliability Infrastructure Program ("GRIP") for calendar year 2004 z pursuant to Section
104.301 of the Gas Utility Regulatory Act("Act"), and
WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the
fact that this is the first application for recovery under that section of the Act; it therefore
necessary to engage the expertise of lawyers and consultants who specialize in ratemaking
proceedings before regulatory authorities to assist the City as provided for in Section
103.022 of the Act, and
WHEREAS, given the complexity and the need to carefully review the proposed GRIP
adjustment it is necessary to suspend the effective date for implementing the GRIP
adjustment until at least January 2, 2006 in order to allow the City's rate experts sufficient
time to determine the merits of Atmos Energy's proposed GRIP adjustment for calendar
year 2004, and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it
makes sense to coordinate the City's efforts with a coalition of similarly situated
municipalities, and
WHEREAS, a coalition of.municipalities, known as the Atmos Texas Municipalities
• ("ATM") has been active in gas utility ratemaking proceedings, and
WHEREAS, the City will join with other cities participating in ATM in a steering
committee in order to coordinate the hiring and direction of legal counsel and consultants
working on behalf of ATM and the City, and
WHEREAS, Atmos Energy, doing business as Atmos Pipeline - Texas ("Atmos
Pipeline"), has also filed on September 19, 2005, for a GRIP adjustment at the Railroad
Commission of Texas, and
WHEREAS, the filing made at the Railroad Commission of Texas by Atmos Pipeline
could affect the gas rates which have to be paid by Atmos Energy customers located within
the City, and
WHEREAS, it is important that the City and other similarly situated municipalities
participate to the extent allowed by law in the GRIP proceeding initiated by Atmos Pipeline
to insure the proper implementation of the GRIP adjustment by Atmos Pipeline, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT,
6
OCTOBER 27, 2005
Section 1. The statements set out in the preamble to this resolution are hereby in all
things approved and adopted.
Section 2. The effective date for the proposed GRIP adjustments by Atmos Energy,
and the tariffs related thereto, are hereby suspended for an additional forty-five days or
until January 2, 2006.
Section 3. The City is authorized to join with other cities in a coalition of cities
known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering
committee of ATM will provide direction and guidance to the lawyers who are representing
said cities.
Section 4. The City employs the Lawton Law Firm and the Law Offices of Jim Boyle,
PLLC to represent the City with regard to the proposed GRIP adjustments of Atmos Energy •
and Atmos Pipeline before local and state regulatory authorities and any court of law and
authorizes the law firms to employ such rate experts as are recommended by the ATM
Steering Committee.
Section 5. The City is authorized to participate to the full extent permitted by law in
the GRIP proceeding initiated by Atmos Pipeline at the Railroad Commission of Texas and
any court action related thereto.
Section 6. The City, in coordination with the Steering Committee, shall review the
invoices of the lawyers and rate experts for reasonableness before submitting the invoices
to Atmos Energy or Atmos Pipeline for reimbursement.
Section 7. City's legal representatives shall have the right to obtain additional
information from Atmos Energy through the service of requests for information, which shall
be responded to within twenty (20) days of receipt of such requests for information. This is
in addition to other forms of discovery.
Section S. Atmos Energy shall reimburse the City, through the designated
representative city of the Steering Committee, for the reasonable costs of attorneys and
consultants and expenses related thereto, upon the presentation of invoices reviewed by the
Steering Committee.
Section 9. The City Secretary is hereby directed to send a true and correct.copy of
this resolution to Douglas C. Walther, Senior Counsel, Atmos Energy Corporation, 5430 LB]
Freeway, Suite 1800, Dallas, Texas 75240,-2601.
Section 10. 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 27th day of October, 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
13.C.1. Consider a resolution determining that Chasco Constructors, Ltd., L.L.P. is
the offeror that offers the best value for the City for the construction of the Rock'n River
Family Aquatic Center at Old Settlers Park at Palm Valley, and authorizing the Mayor to
execute a Standard Form of Agreement Between Owner and Contractor Where the Basis of •
Payment is a Stipulated Sum, and a Post-Proposal Negotiated Amendment with Chasco
Constructors, Ltd. L.L.P. Rick Atkins, Parks and Recreation Director made the staff
presentation. The City accepted Competitive Sealed Proposals in mid-October. Chasco
Constructors, LTD,, submitted the proposal that is the "best value" for the City. 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 G.O. Bond package.
65
OCTOBER 27, 2005
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously determined in Resolution No. R-
05-08-11-11A1 that "Competitive Sealed Proposal" is the delivery method which provides
the best value for the City for construction of the Rock'n River Family Aquatic Center at Old
Settlers Park at Palm Valley, and
WHEREAS, after advertising for and receiving proposals from offerors, the City of
Round Rock determines that Chasco Constructors, Ltd., L.L.P. is the offeror which offers the
best value for the City, and
WHEREAS, Texas Local Government Code §271.116(f) allows the City and its
• architect to "discuss with the selected offeror options for a scope or time modification and
any price change associated with the modification", and
WHEREAS, such post-proposal negotiations were held and did result in certain
changes to scope and price changes associated with such modifications, and
WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement
Between Owner and Contractor Where the Basis of Payment is a Stipulated. Sum" with
Chasco Constructors, Ltd., L.L.P., and wishes to enter into a "Post-Proposal Negotiated
Amendment" with Chasco Constructors, Ltd., L.L.P. outlining the above-referenced changes
and modifications, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That, after advertising for and receiving proposals from offerors, the City of Round
Rock hereby finds that Chasco Constructors, Ltd., L.L.P. is the offeror which offers the best
value for the City.
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on behalf of the City a
"Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment
is a Stipulated Sum" with Chasco Constructors, Ltd., L.L.P. and a "Post-Proposal Negotiated
Amendment" with Chasco Constructors, Ltd., L.L.P. for construction of the Rock'n River
Family Aquatic Center at Old Settlers Park at Palm Valley, copies of same being attached
hereto as Exhibit "A" and Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
• upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
13.D.1. Consider a resolution authorizing the Mavor to execute an Interlocal
Contract with the Capital Area Rural Transportation System for public transportation
services in Round Rock. Tom Word, Chief of Public Works Operations made the staff
presentation. The Capital Area Rural Transportation System (CARTS) has provided public
• transportation services in Round Rock for a number of years. This contract will provide
public transportation services for a 12-month period. Subject to Federal funding, the level
of service and scheduled routes may be increased at the request of the City. The cost for
the contract will not exceed $300,000.
RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Contract with
the Capital Area Rural Transportation System (CARTS) for provision of public transportation
services in Round Rock from October 1, 2005 through September 30, 2006, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
66
OCTOBER 27, 2005
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Interlocal Contract with the Capital Area Rural Transportation System, a copy of same being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting.at which this Resolution was adopted was posted and that
such meeting- was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 2005.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember •
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
13.E.1. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with the City of Georgetown for providing fire flow for Celebration Church. Tom
Word, Chief of Public Works Operations made the staff presentation. Celebration Church is
located in the City of Georgetown water service area and Georgetown's current water
system is not capable of providing adequate fire flows. This agreement will allow the City of
Round Rock to provide fire flow in the event of a fire at the church until improvements are
completed to Georgetown's waters stem. After Georgetown's improvements-arecomplete,
the connection will serve as an emergency interconnect between the two cities. In the event
of a fire, the City of Georgetown will respond.
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 City of Georgetown for the provision of fire flow for.Celebration Church, Now.Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute.on behalf of the City
said Interlocal Agreement, a copy of same being, attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof Were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 27th day of October, 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
d �wt �3 ,
67
OCTOBER 27, 2005
13.E.2. Consider a resolution authorizing the Mayor to execute Change Order No 2
to the Contract with Chasco Contracting for the Westinghouse Wastewater Interceptor and
Water Treatment Plant Offsite Wastewater Line Improvements Proiect Tom Word, Chief of
Public Works Operations made the staff presentation. This Change Order is for conditions
discovered during the course of the construction and following the contract award. Change
Order Number One, which was for $16,250.00 was to provide 6' diameter manholes,
because the 5' diameter manholes, as designed could not accept a 36" pipe and remain
structurally sound. The minimum size manhole for a 36" pipe is 6' in diameter. The concrete
wet well for the abandoned Chandler Creek Lift Station had never been removed, so with
this change order the wet well will be removed and disposed of. In addition, per the City's
easement agreement with Texas Crush Stone the City's existing 18" and 15" wastewater
line (approximately 4,400 linear feet) must be removed and disposed of including manholes
and restoration. Change Order Number Two will increase the current contract amount by
$79,113.50 or 5.37% and increase the contract time by 33 calendar days. The total contract
price for this project including this change order will be $1,551,491.10.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract
("Contract") with Chasco Contracting, Inc. for the Westinghouse Wastewater Interceptor
• and Water Treatment Plant Offsite Wastewater Line Improvements Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No. 2, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Contract Change„ Order No. 2 to the Contract with Chasco Contracting, Inc. for the
Westinghouse Wastewater Interceptor and Water Treatment Plant Offsite:Wastewater Line
Improvements 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 27th day of October, 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
COUNCIL COMMENTS: None
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:02 p.m.
Respectfully Submitted, Sherri Monroe, Assistant City Secretary
66
NOVEMBER 10, 2005
The Round Rock City Council met in Work Session and Regular Session on Thursday,
November 10, 2005 in the City Council Chamber, 221 E. Main Street.
CALL WORK SESSION TO ORDER - 6:00 P.M.
ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem 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.
WORK SESSION:
3.A.1. Consider a presentation reciardina the Williamson County Regional Animal
Shelter.
David Kautz, Assistant City Manager stated that Commissioner Limmer, Kathy
Grimes and Connolly Architects were present to give an overview of the Williamson County
Regional Animal Shelter.
Commissioner Limmer outlined the goals and objectives for the shelter and of the
building site.
Mr. Connolly, Connolly Architects gave an overview of similar shelters from various
other cities and the Master Plan for the Regional Animal Shelter.
Kathy Grimes, provided input regarding the financial aspect of the project. •
Commissioner Limmer added that the cost for each city would be determined by the
amount of animals that are brought into the shelter. He added that Williamson County will
be asking the City Council to approve a Memorandum of Understanding and Interlocal
Agreement,regarding the animal shelter once everything has been finalized.
3.B.1. Consider a presentation regarding the City's health insurance plan.
Teresa Bledsoe, Human Resources Director made the staff presentation. Ms. Bledsoe
provided an update to the Council on the plan performance for the third quarter of plan year
2005. The information she provided follows:
• Medical Plan Utilization Statistic Summary
• Medical Plan Utilization for Prescriptions
• Medical Plan Utilization for Vision and Dental
• Medical Plan Utilization for Claims over $50,000
• Retiree Cost Summary •
• Challenges
- How the City will respond to the economic pressure of continued rising
healthcare cost.
Ms. Bledsoe added that staff sent out a Request for Proposal for Administrative
Services to administer the City's Employee Self-Insured Benefit Plan for the next year.
Proposals were received from Aetna, United, Blue Cross, Humana, Benefit Planner, Great
West and TML. After review of the proposals Aetna appears to be the best provider. Staff
69.
NOVEMBER 10, 2005
will bring an item to the Council's next meeting for Council's consideration on the benefit
plan.
David Kautz gave overview of Aetna's large network and other benefits it can provide
to the City.
The presentation concluded at 7:09 p.m.
• CALL REGULAR SESSION TO ORDER
Mayor Maxwell called the session to order at 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:
The following individuals expressed their concern on the lack of public transportation
in Round Rock.
Melissa Duensing, 1702 Oakridge Drive
Consuelo Castillo, 1525 Chisholm Trail #21
Jacob Suarez, Austin
Melissa Nylander, 1714 Zydeco Drive, expressed her concern regarding the lack of
public transportation in Round Rock specifically for adults with disabilities who work in the
evenings and weekends.
Giselle Schafer, 2003 Woods Cove, spoke on the lack of a Cultural Arts Center and
provided the Council with information from various cities who had such a Center. She added
that the City could help get this project started with funding and once it was established the
Center would be maintained through public funds rather than city funds. She recommended
that a task force be formed to investigate the idea of a Cultural Arts Center in Round Rock.
PROCLAMATIONS:
8.A. Consider a proclamation recognizing all veterans on November 11. 2005 at
Chisholm Trail Middle School in observance of veterans' Dav: Mayor Maxwell read the
• following proclamation and presented it to Jim Moore, Assistant Principal at Chisholm Trail
Middle School, Breanne Hull, Student Council Sponsor, Amy Johnson, Student Council
President (8th Grader), Anndrea Harrold, Helping Hands Service Organization Sponsor, and
Mary Green, Helping Hands Service Organization President (8th Grader).
WHEREAS, on November 11, 1918, in accordance with the terms of the cease-fire
agreement, hostilities between the Allies - United States, Great Britain, and France - and an
adversarial Germany, officially ceased on the eleventh hour of that day; and
WHEREAS, this international war, which claimed the lives of over 8.5 million soldiers,
including 126,000 Americans, called upon the population of the United States to make
extraordinary contributions to support the efforts of its men and women; and
70
NOVEMBER 10, 2005
WHEREAS, since that historic day the United States has continued to flourish as a
free nation, ever mindful of the blessings brought about by liberty and peace, which must
be remembered and preserved by future generations; and
WHEREAS, the students and staff of Chisholm Trail Middle School wish to honor the
veterans who fought with full measure of their valor and loyalty to protect our country and
eternally grateful for the contributions to the cause of world peace,
NOW THEREFORE, I, Nyle Maxwell, Mayor, of the City of Round Rock, do hereby find
it fitting and proper to pay special tribute and honor to all veterans in observance of
"VETERAN'S DAY"
in the City of Round Rock and encourage everyone to join the staff and students of
Chisholm Trail Middle School on November 11, 2005 at Chisholm Trail Middle School to pay
special tribute and honor all veterans.
PROCLAIMED this 10th day of November 2005.
8.B. Consider a proclamation proclaiming the week of November 12-19 2005 as
Chronic Obstructive Pulmonary Disease Week. Mayor Maxwell read the following
proclamation and presented it to Laura Chapman, Program Director for the American Lung
Association of Texas, Tony Flores, Texas Society for Respiratory Care, Kitty Collins,
Coordinator for Seton Pulmonary Rehabilitation Program, Cecil Jones, American Lung
Association Board Member, Lina Supnet, Odyssey Hospice, Kevin Collins, Asthma Educators
of Texas, and A.J. Wagner, Seton Healthcare and Pulmonary Rehab.
WHEREAS, the City of Round Rock recognizes the need for collaborative initiatives
with its citizens to help create a healthy environment; and
WHEREAS, Chronic lung diseases such as emphysema and chronic bronchitis, known
collectively as chronic obstructive pulmonary disease (COPD), are the fourth leading cause
of death in the United States; and
WHEREAS, 16 million people in the United States have been diagnosed with some
form of COPD and the same number of individuals go undiagnosed, and COPD costs the U.S.
an estimated $31.9 billion a year; and , 0
WHEREAS, COPD is commonly an invisible disease until symptoms appear, and
awareness, early detection, and treatment are crucial in the prevention or slowing of the
spread of lung disease; and
WHEREAS, the citizens of Round Rock deserve the opportunity to grow, thrive, be
healthy and be informed and aware of their respiratory health and of the factors that affect
that health.
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do
hereby proclaim the week of November 12-19, 2005 as
CHRONIC OBSTRUCTIVE PULMONARY DISEASE WEEK
In the City of Round Rock, and urge all citizens to help raise awareness about the
prevalence of chronic obstructive pulmonary disease and the serious effects associated with
the disease.
PROCLAIMED this 10th day of November 2005.
PRESENTATIONS:
9.A. Continuation of presentations not addressed during the Work Session. None
CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by
one motion. There was no separate discussion on any of these items and no items were
pulled from the consent agenda.
*11.A. Consider approval of the City Council minutes for October 27 2005
*12.A.1. Consider an ordinance approving and adopting a budget for the Municipal
Court Fund for Fiscal Year 2005-2006. (Second Reading)
*12.B.1. Consider an ordinance adopting the 2005-2006 Community Development
Block Grant budget. (Second Reading)
71
NOVEMBER 10, 2005
*12.D.1. Consider an ordinance authorizing the replacement of a yield sign with a
stop sign on Tower Drive at its intersection with Dixie Lane (First Reading)
MOTION: Councilmember Rhode moved to approve all the items listed in 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:
*11.A. Consider approval of the City Council minutes for October 27, 2005.
This item was approved under the consent agenda.
ORDINANCES:
*12.A.1. Consider an ordinance approving and adopting a budget for the Municipal
Court Fund for Fiscal Year 2005-2006. Second Reading)-This This item was
( 9.L approved under the
consent agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND
FOR THE 2005-2006 FISCAL YEAR.
*12.B.1. Consider an ordinance adopting the 2005-2006 Community Development
Block Grant budget. (Second Reading) This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2005-2006 FISCAL YEAR.
12.C.1. Consider an ordinance amending Chapter.9 of the Round Rock Code of
Ordinances (1995 Edition), adding Section 9.2300 prohibiting motor vehicle idling. (First
Reading) Tom Word, Chief of Public Works Operations made the staff presentation. The
Austin/Round Rock Metropolitan Statistical Area (MSA), as part of the Austin-San Marcos
Early Action Compact, prepared a Clean Air Action Plan (CAAP) with selected emission
reduction measures designed to provide clean air sooner, maintain local flexibility, and defer
the effective date of non-attainment designation for the 8-09.ur ozone standard. One of the
emission reduction measures that is anticipated to reduce 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. The Heavy-Duty
Vehicle Idling Program has been included in the CAAP and is designed for use in the MSA's
five urbanized counties (Bastrop, Caldwell, Hays, Travis and Williamson). 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. On July 14, 2005, the City of Round Rock
72
NOVEMBER 10, 2005
approved a resolution to execute a MOA with the TCEQ in support of the Implementation
Plan for the Heavy-Duty Vehicle Idling Rule. In implementing the MOA, the City is required
to establish an ordinance that indicates how this rule will be punishable by law within its
jurisdiction. Under the proposed ordinance, an offense for violating the five-minute idling
.restriction will be punishable as a Class C misdemeanor.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9, TRAFFIC REGULATIONS, CODE OF ORDINANCES
(1995 EDITION), CITY OF ROUND ROCK, TEXAS ADDING SECTION 9.2300, PROHIBITING
MOTOR VEHICLE IDLING; PROVIDING A PENALTY; PROVIDING FOR A SAVINGS CLAUSE
AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Honeycutt moved 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.
*12.D.1. Consider an ordinance authorizing the replacement of a yield sign with a
stop sign on Tower Drive at its intersection with Dixie Lane. (First Reading) This item was
approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGN WITH A
STOP SIGN ON TOWER DRIVE AT ITS INTERSECTION WITH DIXIE LANE; PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
12.D.2. Consider an ordinance amending Chapter 9, Section 9.1700 of the Round
Rock Code of Ordinances (1995 Edition) prohibiting through commercial truck traffic on
Kiphen Road (CR 113) from FM 1460 to Red Bud Lane (CR 122).(First Reading) Tom
Martin, Director of Transportation Services made the staff presentation. Phase II of the
reconstruction of Kiphen Road will begin in November 2005. Construction will utilize
frequent lane closures, resulting in delays and congestion. During this same period, there
has been a noted significant increase in the use of Kiphen Road between FM 1460 and CR
122 by through commercial trucks, including aggregate haulers. This ordinance is to reduce
the congestion caused by through commercial trucks, including aggregate haulers on Kiphen
Road (CR 113), FM 1460 to CR 122, and to increase the safety of the roadway. •
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 KIPHEN
ROAD (COUNTY ROAD 113) BETWEEN FM 1460 AND RED BUD LANE (COUNTY ROAD 122);
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem
McGraw seconded the motion.
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NOVEMBER,10, 2005
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
12.E.1. Consider an ordinance amending Chapter 11, Zoning, Round Rock Code of
• Ordinances (1995 Edition), to add MU-1a (Mixed-Use Southwest Downtown) District. (First
Reading) Mayor Pro-tem McGraw and Councilmember Clifford disclosed that they would be
abstaining from the vote and discussion on this item due to a conflict of interest and they
have submitted the appropriate affidavit.
Joelle Jordan, Senior Planner, made the staff presentation..In February 2005, The
Southwest Downtown Plan was adopted as an amendment to the General Plan 2000. The
Southwest Downtown Plan recommended the adoption of a mixed-use district as a key
component to strengthen the current pattern of development in the area. Staff's
recommendation of the MU-1a (Mixed-Use Southwest Downtown) District is to establish and
preserve areas of mixed land uses primarily devoted to combining low to moderate density
residential development with low to moderate commercial development. While many of the
requirements are similar to the commercial zoning regulations already in place, there are a
• few notable changes are as follows:
Multiple uses are allowed in the same building or on the same lot.
• Prohibition of some general commercial uses.
• More opportunities for residential living.
• Development that encourages a residential "feel".
• Added compatibility requirements for commercial development abutting existing
single-family residences.
• Lowered parking requirements.
Public workshops were held as part of the planning process for the Southwest
Downtown Plan. On September 21, 2005 the Planning and Zoning Commission
recommended the addition of the MU-1a (Mixed-Use Southwest Downtown) District to the
Zoning Ordinance. ,:_,,�,_,, .
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.302, 11.401, 11.423, 11.501,
11.502, 11.505, 11.603, 11.802 AND APPENDIX A, AND ADDING SECTION 11.418.1 CODE
OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH THE MU-
1a (MIXED-USE SOUTHWEST DOWNTOWN) ZONING DISTRICT; TO AMEND THE
CERTIFICATE OF ZONING COMPLIANCE; TO AMEND THE STANDARDS FOR BED AND
BREAKFAST, COMMERCIAL AND GENERAL PARKING, DAYCARE, EATING ESTABLISHMENTS,
GROUP LIVING, RETAIL SALES AND SERVICE, TOWNHOUSES, UPPER STORY RESIDENTIAL
AND UTILITIES; TO ESTABLISH STANDARDS FOR INDOOR ENTERTAINMENT ACTIVITIES,
LIVE/WORK UNITS AND SINGLE-STORY MIXED-USE RESIDENTIAL; TO AMEND TREE
CREDIT AND PARKING AREA LANDSCAPING REQUIREMENTS; TO AMEND OFF-STREET
PARKING AND LOADING REQUIREMENTS; TO AMEND OUTDOOR DISPLAY AND STORAGE
REQUIREMENTS; TO ADD THE DEFINITIONS OF "COMMERCIAL KITCHEN." "CONVERSION,"
"EXPANSION(S)," "GLAZING," "GROSS FLOOR AREA," "HOLLYWOOD DRIVEWAY,"
74
NOVEMBER 10, 2005
-LIVE/WORK UNIT," "MIXED-USE," "OUTDOOR COOKING AREA," "ROW HOUSE," -SHARED
PARKING," AND -SINGLE-STORY MIXED-USE RESIDENTIAL;" 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
Councilmember Salinas
Councilmember Rhode •
Mayor Maxwell
Nays: None
Abstain: Mayor Pro-tem McGraw
Councilmember Clifford
ACTION: The motion carried with 4 ayes and 2 abstentions.
MOTION: Councilmember Rhode moved to dispense with the second reading of the
ordinance with the unanimous consent of all the Councilmembers present. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Abstain: Mayor Pro-tem McGraw
Councilmember Clifford
ACTION: The motion carried with 4 ayes and 2 abstentions.
12.E.2. Consider an ordinance rezoning'12 blocks in the Southwest Downtown area
to MU-1a (Mixed-Use Southwest Downtown) District. (First Reading Mayor Pro-tem •
McGraw and Councilmember Clifford disclosed that they would be abstaining from the vote
and discussion on this item due to a conflict of interest and they have submitted the
appropriate affidavit.
Joelle Jordan, Senior.Planner made the staff presentation. In February 2005, the
Southwest Downtown Plan was adopted as an amendment to the General Plan 2000. In
order to implement the recommendations of the Southwest Downtown Plan, staff
recommended rezoning 12 blocks in the Southwest Downtown Area to MU-1a (Mixed-Use
Southwest Downtown) to establish and preserve areas of mixed land uses primarily devoted
to combining low to medium density residential development with low to moderate
commercial development. The area proposed for rezoning to MU-1a (Mixed-Use Southwest
Downtown) is a 12-block area South of Round Rock Avenue, West of Mays, North of McNeil
Road, East of Lake Creek and IH-35. The present zoning'includes C-1 (General
Commercial), C-2 (Neighborhood Commercial), LI (Light Industrial), and SF-2 (Single--
Family
Single-Family - Standard Lot). The Planning and Zoning Commission recommended the rezoning at
their meeting on September 21, 2005.
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 12 BLOCKS IN THE SOUTHWEST DOWNTOWN AREA TO
MU-1A (MIXED-USE SOUTHWEST DOWNTOWN).
i
7 5'
NOVEMBER 10, 2005
MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Abstain: Mayor Pro-tem McGraw
• Councilmember Clifford
ACTION: The motion carried with 4 ayes and 2 abstentions.
MOTION: Councilmember Rhode moved to dispense with the second reading of the
ordinance with the unanimous consent of all the Councilmembers present. Councilmember
Salinas seconded the motion.
Q
VOTE: Ayes: Councilmember Honeycutt
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Abstain: Mayor Pro-tem McGraw
Councilmember Clifford
ACTION: The motion carried with 4 ayes and 2 abstentions.
12.E.3. Consider an ordinance chanaing the name of Chandler Road to University
Boulevard. (First Reading) Jim Stendebach, Planning Director made the staff presentation.
The Round Rock Higher Education Center opened August 24, 2005. In honor of Texas State
University's commitment to the Round Rock community, it is the City's desire to change the
name of Chandler Road from IH-35 to FM 1460 to University Boulevard. The requirements
for naming City Facilities, Park Lands and Streets for the City of Round Rock have been
completed. On October 10, 2005, written notices were sent to the property owners of the
lands adjacent to all Chandler Road right-of-way within the city limits of Round Rock.
Return envelopes and forms, to be signed and notarized, were provided to allow these
owners to let the City know their feelings on the name change. On October 26, 2005, the
Planning Department received the required property owners' returned forms agreeing to the
name change.
ORDINANCE NO.
AN ORDINANCE CHANGING THE NAME OF CHANDLER ROAD TO UNIVERSITY BOULEVARD;
PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
MOTION: Mayor Pro-tem McGraw 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.
12.E.4. Consider an ordinance annexing 4.859 acres of land out of the Memucan
Hunt Survey. (SH 45 and A.W. Grimes Boulevard ROW tract) (First Reading) Jim
76
NOVEMBER 10, 2005
Stendebach, Planning Director made the staff presentation. These right-of-way tracts (1.79,
0.46, 0.3401 0.387, and 1.882 acres) totaling 4.859 are portions of Louis Henna Boulevard
known as SH 45 and A.W. Grimes Boulevard. They are a part of the City's Master
Transportation Plan. It is the City's desire to have the tracts annexed into the city limits in
order to expand the Arterial Roadway system and provide consistent police and fire
protection. The public hearing requirements of the Texas Local Government Code were
completed. On September 8, 2005, written notices were sent by certified mail to the
property owners of the proposed annexed lands and to all public and private utility providers
that could be affected. On September 23, 2005, a public notice was posted on the City
website and a public notice was published in the Round Rock Leader for the Saturday,
September 24 and Thursday, September 29, 2005 editions. Two public hearings were held
on Tuesday, October 11, 2005 and Thursday, October 13, 2005.
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 1.79, 0.46,
0.340, 0.387, AND 1.882 ACRES, TOTALING 4.859 ACRES OF LAND, OUT OF THE MEMUCAN
HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY; EXTENDING THE BOUNDARY
LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY
LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN
SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME PART OF THE CITY AND
THAT OWNERS AND INHABITANTS THEREOF BE ENTITLED TO THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE
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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
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.
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.E.5. Consider an ordinance annexing 2.400 acres of land out of the Abel Eaves
Survey. (Seton Medical Center tract] (First Reading) Jim Stendebach, Planning Director
made the staff presentation. This 2.4-acre tract of land is a portion of the larger 73.92-acre
NOVEMBER 10, 2005 77
tract located at the southwest corner of FM 1460 and Chandler Road. The proposed
development for this area, including both tracts, is the Seton Medical Center Complex. This
tract is being voluntarily annexed separately.and subsequent to the larger tract due to Local
Texas Government Code requirements.
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 2.400 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY,
ABSTRACT NO. 215, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND
REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA
SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF
SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND
BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED;
PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR A SAVINGS CLAUSE AND (REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
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. 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.E.6. Consider an ordinance annexing 82.523 acres.of land out of the Abel Eaves
Survey, the Barney Low Survey, and the Joseph Mott Survey. (Seton Medical Center tract)
(First Reading) Jim Stendebach, Planning Director made the staff presentation. The Seton
and Chandler right of way tracts include the new Seton Medical Center site and adjacent
roadways. The medical center is,located adjacent to the newTexas State University
campus. The annexation of the adjacent roadways at this time allows the City to annex
lands further to the east. The statutory requirements of the Texas Local Government Code
were completed. On September 8, 2005, written notices were sent by certified mail to the
property owners of the proposed annexed lands and to all public and private utility providers
that could be affected. On September 23, 2005, a public notice was posted on the city
website and a public notice was published in the Round Rock Leader for the Saturday,
September 24 and Thursday, September 29, 2005 editions. Two public hearings were held
on Tuesday, October 11, 2005 and Thursday, October 13, 2005.
7
NOVEMBER 10, 2005
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 82.523 ACRES
OF LAND; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID
PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND
REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY
SHALL BECOME PART OF THE CITY AND THAT OWNERS AND INHABITANTS THEREOF BE
ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE
ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND
THOSE WHICH ARE 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 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. 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.E.7. Consider an ordinance annexing 4.785 acres of land out of the Robert
McNutt Survey and the Joseph Marshall Survey. (CR 122 ROW Tract 1) (First Reading) Jim
Stendebach, Planning Director made the staff presentation. This right-of-way tract is a
portion of County Road 122 that is part.of the City of Round Rock's Master Transportation
Plan. It is the City's desire to have it annexed into the city limits in order to expand the
Arterial Roadway system and provide consistent police and fire protection. The public
hearing requirements of the Texas Local Government Code were completed. On September
8, 2005, written notices were sent by certified mail to the property owners of the proposed
annexed lands and to all public and private utility providers that could be affected. On
September 23, 2005, a public notice was posted on the City website and a public notice was •
published in the Round Rock Leader for the Saturday, September 24 and Thursday,
September 29, 2005 editions. Two public hearings were held on Tuesday, October 11, 2005
and Thursday, October 13, 2005.
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 4.785 ACRES
OF LAND, OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, AND THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY; EXTENDING THE
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NOVEMBER 10, 2005
BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND
ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS
HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME PART OF THE
CITY AND THAT OWNERS AND INHABITANTS THEREOF BE ENTITLED TO THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW. IN EFFECT AND THOSE WHICH ARE
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 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.
MOTION: Councilmember Rhode moved to dispense with the second reading of the
ordinance with the unanimous consent of all the Councilmembers present. 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.E.8. Consider an ordinance annexing 2.305 acres of land out of the Robert
McNutt Survey and the Joseph Marshall Survey. (CR 122 ROW Tract 2) (First Reading) Jim
Stendebach, Planning Director made the staff presentation. This right-of-way tract is a
portion of County Road 122 that is part of the City of Round Rock's Master Transportation
Plan. It is the City's desire to have it annexed into the city limits in order to expand the
Arterial Roadway system and provide consistent police and fire protection. The public
hearing requirements of the Texas Local Government Code were completed. On September
8, 2005, written notices were sent by certified mail to the property owners of the proposed
annexed lands and to all public and private utility providers that could be affected. On
September 23, 2005, a public notice was posted on the City website and a public notice was
published in the Round Rock Leader for the Saturday, September 24 and Thursday,
• September 29, 2005 editions. Two public hearings were held on Tuesday, October 11, 2005
and Thursday, October 13, 2005.
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 2.305 ACRES
OF LAND, OUT OF THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, AND THE JOSEPH
MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY; EXTENDING THE
BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND
ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS
HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME PART OF THE
CITY AND THAT OWNERS AND INHABITANTS THEREOF BE ENTITLED TO THE RIGHTS AND
80
NOVEMBER 10, 2005
PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE
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 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. 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.E.9. Consider an ordinance annexing 5.531 acres of land out of the Willis
Donahue Survey and the Robert McNutt Survey. (CR 122 ROW Tract 3) (First Reading) Jim
Stendebach, Planning Director made the staff presentation. This right-of-way tract is a
portion of County Road 122 that is part of the City of Round Rock's Master Transportation
Plan. It is the City's desire to have it annexed into the city limits in order to expand the
Arterial Roadway system and provide consistent police and fire protection. The public
hearing requirements of the Texas Local Government Code were completed. On September
8, 2005, written notices were sent by certified mail to the property owners of the proposed
annexed lands and to all public and private utility providers that could be affected. On
September 23, 2005, a public notice was posted on the City website and a public notice was
published in the Round Rock Leader for the Saturday, September 24 and Thursday,
September 29, 2005 editions. Two public hearings were held on Tuesday, October 11, 2005
and Thursday, October 13, 2005.
ORDINANCE NO. •
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER- DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 5.531 ACRES
OF LAND, OUT OF THE WILLIS DONAHUE SURVEY, ABSTRACT NO. 173, AND THE ROBERT
McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY; EXTENDING THE
BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND
ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS
HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME PART OF THE
CITY AND THAT OWNERS AND INHABITANTS THEREOF BE ENTITLED TO THE RIGHTS AND
_PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES,
RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE
HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN
{
1
81
NOVEMBER 10, 2005
EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING.
ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Salinas 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: Councilmember Honeycutt moved to dispense with the second reading of
the ordinance with the. unanimous consent of all the Councilmembers present. 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.
RESOLUTIONS:
13.A.1. Consider a resolution casting votes for the Williamson County Appraisal
District Board of Directors. David Kautz, Assistant City Manager made the staff
presentation. In October, the Council nominated Robert Tagge to serve on the Williamson
County Appraisal District (WCAD) board. The WCAD is responsible for appraising property
in the county at its market value for purposes of property taxation. The five,=.member board
serves a 2-year, unpaid term, and sets policies for the WCAD and hires the Chief Appraiser.
The board also approves the WCAD annual budget, which is funded by assessments of the
taxing entities in the county. The actions of the WCAD directly affect every taxpayer and
taxing entity in the county. The five members of the current board have been re-nominated
(Tagge, Hunt, Mireles, Paull and Gibbs). One of the current Appraisal Review Board
members (Komandosky) was nominated by the City of Taylor. The remaining four
nominees were nominated by the City of Hutto. Staff recommended that Round Rock's 160
votes go to Robert Tagge. it ipv i,
• RESOLUTION NO.
WHEREAS, §6.03(k) Texas Property Tax Code provides for the governing body of
each taxing unit to cast votes for individuals nominated for the Williamson County Appraisal
District Board of Directors, and
WHEREAS, the City of Round Rock is entitled to 160 votes which may be cast for
individuals nominated for the Board of Directors, and
WHEREAS, the City Council wishes to cast its 160 votes as set forth below, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Council hereby casts its votes as follows:
1. Mahlon Arnett votes
2. Mike Fowler votes
3-. Harry Gibbs votes
4. Deborah Hunt votes
� 2
NOVEMBER 10, 2005
5. Ed Komandosky votes
6. Brig Mireles votes
7. Elizabeth Page votes
8. Don Paull votes
9. George Russell votes
10. Robert Tagge 160 votes
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 10th day of November 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.
13.B.1. Consider a resolution authorizing the Mayor to execute Supplemental
Contract No. 3 to the Contract for Engineering Services with K. Friese &Associates, Inc. for
the McNutt Creek Wastewater Interceptor Project - Phase I. Tom Word, Chief of Public
Works Operations made the staff presentation. K. Friese &Associates (KFA) is currently
under contract for Professional Engineering Services for the McNutt Creek Wastewater •
Interceptor. Under Supplemental Amendments #1 and #2, KFA was authorized to provide
Design Phase, Bid Phase, and Construction Phase services for a combination of open-cut
and trenchless installation of the project. However, ongoing landowner concerns combined
with recent development projects made both the proposed alignment and open-cut
construction method difficult and expensive. In order to address these concerns, KFA
performed an alternatives analysis which identified various possible alignments and
construction methods. After a complete evaluation, the City chose an alignment, which
favored tunnel construction. This Supplemental Amendment deletes the scope of services
authorized under Supplemental Amendments #1 and #2 and replaces them with services
for tunnel excavation. The cost is $196,485. The project scope of work will construct 9,550
feet of 48" wastewater interceptor from the existing Brushy Creek Regional Wastewater
Plant located on the eastern side of the City of Round Rock, and extend north-easterly to a •
certain point just north of the McNutt Creek. Paloma Lake and Double J M.U.D's will
contribute $5.7 million towards total cost of construction.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a Contract for
Engineering Services ("Contract") with K. Friese & Associates, Inc. for the McNutt Creek
Wastewater Interceptor Project - Phase I, and
WHEREAS, K. Friese & Associates, 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 K. Friese &Associates, Inc., Now Therefore
83
NOVEMBER 10, 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
Supplemental Contract No. 3 to the Contract 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 10th day of November, 2005.
MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmenlber Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.C.1. Consider a resolution authorizing the Mayor to execute Supplemental
Contract No. 1 to the Contract for Engineering Services with Kasberg, Patrick &Associates,
LLP for the Austin Avenue and Liberty Avenue Street Improvements Proiect. Tom Word,
Chief of Public Works Operations made the staff presentation. Kasberg, Patrick &Associates
(KPA) is currently under contract for Professional Engineering Services for the Austin and
• Liberty Avenues Improvements project. KPA's scope during the preliminary engineering
phase was to provide roadway/drainage/utility schematics and construction cost estimates
for the reconstruction of Austin and Liberty Avenues from Mays Street east 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. Construction cost estimates from the preliminary engineering phase
indicated that the City has the available funding to reconstruct Austin and Liberty Avenues
from Mays Street to Nelson Street. 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 final design engineering will culminate in the roadway/
drainage/utility construction plans,,and specifications. Survey,.,data for additional right-of-
• way needed at the end of Austin Avenue will also be provided to the City during this phase
of the project. The cost is $200,700.00.
RESOLUTION NO.
WHEREAS the Cit of Round Rock has previously entered into a Contract for
Y P Y
Engineering Services ("Contract") with Kasberg, Patrick & Associates, Inc. for the Austin
Avenue and Liberty Avenue Improvements Project, and
WHEREAS, Kasberg, Patrick & 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 Kasberg, Patrick &Associates, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
84
NOVEMBER 10, 2005
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 Kasberg, Patrick
& Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated
herein.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 10th day of November, 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.
13.C.2. Consider a resolution authorizing the Mayor to execute Supplemental
Contract No. 1 to the Contract for Engineering Services with Kasberg, Patrick &Associates,
LLP for the Bowman Road Drainage Improvements Project. Tom Word, Chief of Public
Works Operations made the staff presentation. This supplemental contract is to provide final
engineering for drainage improvements in the Bowman Road drainage basin. The objective
of the final engineering phase is to complete the design and prepare construction •
documents for the options that were proposed and accepted during the preliminary
engineering phase. The deliverables for this phase of the project will be final construction
documents including engineering plans, contract documents and technical specifications for
the Bowman Road Drainage Improvements Project. The cost is $82,300.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a Contract for
Engineering Services ("Contract") with Kasberg, Patrick & Associates, Inc. for the Bowman
Road Drainage Improvements Project, and
WHEREAS, Kasberg, Patrick & 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 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
Supplemental Contract No. 1 to the Contract for Engineering Services with Kasberg, Patrick
& Associates, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated
herein.
The City Council hereby finds and declares that written notice of the date, hour, •
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 10th day of November, 2005.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
r.,
a; 85
NOVEMBER 10,.2005
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.D.1. Consider a resolution adopting an updated Investment Policy and
investment strategy for the investment of City funds. Cindy Demers, Finance Director made
• the staff presentation. The public funds investment act requires governmental entities to
submit their investment policy to their governing body for review and approval at least on
an annual basis. The City has had an adopted investment policy for several years and has
updated it periodically to address changes in laws and policy. The only changes for this
year are related to broker/dealers that are used;lto competitively bid individual investments.
Staff recommended the deletion of one existing broker and adding one new broker to the
rotation.
RESOLUTION NO.
WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City
Council desires to adopt a written investment policy and investment strategy regarding the
investment of City funds, and
WHEREAS, the City Council has reviewed the attached updated policy and has
determined same to be in compliance with the Act, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the updated Investment Policy and Investment Strategy for the investment of
City funds, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and
• adopted.
The. City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 November, 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.
13.D.2. Consider a resolution authorizing the Mayor to execute certain amendments,
addenda, and agreements to the`original Depository and Banking Services Contract with
• Bank of America. Cindy Demers, Finance Director made the staff presentation. This
resolution authorizes changes to the City's existing depository agreement with Bank of
America to provide additional check processing flexibility (Accounts Receivable Check
Service addendum and Remote Deposit Services amendment) and to add credit card
processing services (Merchant Services Agreement). These changes will result in more
efficient check and payment processing as well as allow the City to implement on-line
payment services in the future. The City will implement two processes that will turn paper
86
NOVEMBER 10, 2005
checks written to the City into either an electronic funds transfer or an image replacement
document. In both cases, the City will no longer be required to physically deposit checks to
the bank. The accounts receivable check (ARC) service addendum allows the City to
process and convert check payments to an electronic payment, if eligible. If the payment is
not eligible for conversion, the payment will be turned into an Image Replacement
P
Document (IRD) for processing under the remote deposit services (RDS) amendment. In •
addition, the City will set up credit card payment processing with Bank of America under the
Merchant Services Agreement. With Bank of America as the City's credit card processor,
staff will be able to implement on-line payment services. In all cases, the agreements only
set forth the processing terms and conditions. The City can implement the services at its
discretion.
RESOLUTION NO.
WHEREAS, the City entered into a Depository and Banking Services Contract with
Bank of America, N.A. by Resolution R-02-03-14-13A2,. same being dated April 30, 2002,
and
WHEREAS, the City extended said Depository and Banking Services Contract with
Bank of America, N.A. by Resolution R-04-04-22-14F4, same being dated April 22, 2004,
.and
WHEREAS, the term of the current Contract extends until April 30, 2006, and
WHEREAS, the City and Bank of America, N.A. now desire to add certain
amendments, addenda, and agreements to the original Depository and Banking Services
Contract package, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: •
I.
That the Mayor is hereby authorized and directed to execute on behalf of the City the
following: (a) "Remote Deposit Services Amendment to the Terms and Conditions," (b)
"Treasury Services Agreement Accounts Receivable Check (ARC) Service Addendum," and
(c) "Merchant Services Agreement Fee Schedule," along with accompanying "Merchant
Services Agreement," copies of same being attached hereto as Exhibit "H" and Exhibit "I"
and Exhibit"J" respectively, and same are incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which-this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 November, 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.
13.E.1. Consider a resolution identifying and listing the existing detached single-
family residences located within the newly created MU-1a (Mixed-Use Southwest Downtownl
District. Joelle Jordan, Senior Planner made the staff presentation. The MU-1a (Mixed-Use
Southwest Downtown) District includes provisions for increased compatibility standards for
properties that abut existing detached single-family residences. These standards will
provide protection for a property listed in this resolution as long as the property maintains
V •_
NOVEMBER 10, 2005
its single-family use. One of the goals of the Southwest Downtown Plan (adopted February
2005) was to accommodate existing single-family residences in the area by examining the
compatibility of land uses. During public workshops, participants expressed the need for
fencing requirements, ways to address odors from nearby restaurants, and issues with
single-family yards being shadowed by adjacent larger buildings. The MU-la (Mixed-Use
• Southwest Downtown) District addresses these issues through additional compatibility
standards. This resolution identifies and lists the addresses of the existing single-family
residences. Abutting uses will have to comply with the compatibility standards in the
ordinance. If a single-family residence listed in the resolution is converted to a non-single
family use, the requirements shall not longer apply. Many public workshops were held as
part of the planning process for the Southwest Downtown Plan. Public notice and a public
hearing were held in accordance with the City of Round Rock's Zoning Ordinance for the
recommendation of the MU-1a (Mixed-Use Southwest Downtown) District. Through the
public notification process for the adoption of the MU-1a (Mixed-Use Southwest Downtown)
District, the notified property owners received a list of addresses, which are included in this
resolution.
RESOLUTION NO.
• WHEREAS, the City of Round Rock has adopted an ordinance creating the MU-1a
(Mixed-Use Southwest Downtown) Zoning District, and
WHEREAS, the adopted ordinance that created the MU-1a (Mixed-Use Southwest
Downtown) Zoning District calls for the City Council to adopt a resolution identifying and
listing the existing detached single-family residences located within the newly created MU-
la (Mixed-Use Southwest Downtown) Zoning District, and
WHEREAS, the City Council wishes to adopt a list identifying the existing detached
single-family residences located within the newly created MU-1a (Mixed.. Use Southwest
Downtown) Zoning District, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby adopts the properties listed _below as the existing
detached single-family residences located within the newly created MU-1a (Mixed-Use
Southwest Downtown) Zoning District.
208 South Blair Street
110 Florence Avenue
407 West Liberty Avenue
409 West Liberty Avenue
410 West Liberty Avenue
210 McNeil Road
212 West Main Street
306 West Main Street
307 West Main Street
403 West Main Street
407 West Main Street
409 West Main Street
• 106 San Saba Street
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 November, 2005.
MOTION: Councilmember Honeycutt moved to approve the resolution.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
NOVEMBER 10, 2005
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
APPOINTMENTS:
14.A. Consider three appointments to the Round Rock Transportation System
Development Corporation. This seven-member Board develops a combined Transportation •
Capital Improvement Program (TCIP), and approved by the City Council. The Board reviews
and updates the TCIP once a year; make an annual report to the City Council reviewing the
accomplishments of the Board; and be accountable to the City Council for all activities
undertaken by the Board. Those members whose term is due to expire in November are
Councilmember Joe Clifford , Susan Moss, and Laurie McAnally. Each of the members
submitted letters of interest for reappointment.
MOTION: Mayor Pro-tem moved to appoint Councilmember Joe Clifford, Susan Moss,
and Laurie McAnally to the Round Rock Transportation System 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.
14.B. Consider one appointment to the Building Standards Commission to fill an
unexpired term. One appointment needed to fill an unexpired term on the Building
Standards Commission. Members should have experience or expertise in the building trade.
This commission hears appeals and renders decisions upon rulings and refusals of ruling by
the Building Official concerning requests for a modification or a variation from the provisions
of the building regulations chapter that have been made. Whenever the Building Official
rejects or refuses to approve the mode or manner of work proposed to be followed or
materials to be used in the proposed construction, or when it is claimed that the provisions
of the Code do not apply; or that any equally good or more desirable form of installation can
be employed in any specific case, or when it is claimed that the true intent and meaning of
the Code or regulations have been misconstrued or wrongly interpreted. The Building •
Standards Commission also addresses and determines whether or not conditions exist which
render a building or structure unsafe under the provisions of the Code. The Commission
also determines if the building or structure should be demolished in order to protect the
public health, safety and welfare. Michael Ellis and Rainer Ficken submitted letters of
interest. Michael Ellis and Rainer Ficken were nominated.
Following are the results of a poll of the Council.
8191",
NOVEMBER 10, 2005
Michael Ellis - 5 votes appointed
Rainer Ficken - 2 votes
COUNCIL COMMENTS: None
EXECUTIVE SESSION:
16.A. Executive Session as authorized by $551.087 Government Code, related to
• deliberation of an offer of a financial or other incentive to a business prospect that the City
Council seeks to stay or expand in the City of Round Rock. (Toppan Photomasks, Inc.)
The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell
called the Executive Session to order at 8:44 p.m. and adjourned the session at 8:56 p.m.
The Council returned to the City Council Chamber for adjournment with no discussion
or action occurring.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:56 p.m.
Respectfully Submitted,
Christine R. Martinez, City Secretary
•
99
NOVEMBER 17, 2005
The Round Rock City Council met a Special Called Session on Thursday, November
17, 2005, in the City Council Chamber, 221 E. Main Street.
CALL SESSION TO ORDER:
Mayor Maxwell called to session to order at 7:30 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 and City Attorney Steve Sheets.
CANVASS NOVEMBER 8, 2005 CITY COUNCIL SPECIAL ELECTION•
The final unofficial returns from the November 8, 2005 Special Election were provided
by the Williamson County Election Administrator and reviewed by the Council.
RESOLUTIONS:
4.A. Consider a resolution declaring the November 8, 2005 Special Election results
official.
The results from the November 8, 2005 Election are as follows:
Matt Fowler received 1,460, which is 21.21% of the votes cast.
Danny Bogard received 327, which is 4.75% of the votes cast.
Sharon Izzo received 2,248, which is 32.66% of the votes cast.
Ted Williamson received 2,848, which is 41.38% of the votes cast.
RESOLUTION NO.
WHEREAS, the City Council of the City of Round Rock ordered an election to be held
November 8, 2005 for the purpose of electing a candidate for Councilmember Place 6; 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 Resolution calling the
election.
2. That the City Council officially finds and determines that the following votes
were cast at the election for Councilmember Place 6 by the resident, qualified electors of the
City, who voted at the election: •
A. Councilmember Place 6:
Matt Fowler Votes Percent
Danny Bogard Votes Percent
Sharon Izzo Votes Percent
Ted Williamson Votes Percent
3. That the City Council officially finds, determines and declares the result of the
election that Ted Williamson and Sharon Izzo will be the candidates in a Runoff Election for
Councilmember Place 6.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
91
NOVEMBER 17, 2005
RESOLVED this 17th day of November, 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 Salinas
• Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
4.B. Consider a resolution calling the December 17, 2005 Special Runoff Election
to elect City Council, Place 6.
This resolution calls the December 17, 2005 Runoff Election to elect a
Councilmember for Place 6. A runoff election is necessary because none of the four
candidates received a majority of the votes in the November 8, 2005 election.
Early voting will be conducted at all the following locations on the dates and times
noted below:
1. Robert G. & Helen Griffith Public Library (Main early voting location)
216 E. Main Street, Round Rock
2. Round Rock Independent School District Building
• 1311 Round Rock Avenue, Round Rock
3. Clay Madsen Recreation Center
1600 Gattis School Road, Round Rock
4. United Heritage Conference Center,
3400 East Palm Valley Boulevard, Round Rock
November 30 - December 2, 2005 (Weekdays) 8:00 a.m.-5:00 p.m.
December 5 - December 9, 2005 (Weekdays) 8:00 a.m.-5:00 p.m.
December 10, 2005 (Saturday) 10:00 a.m.-6:00 p.m.
December 12 - December 13, 2005 (Weekdays) 7:00 a.m.-7:00 p.m.
On Election Day the polling places will be open from 7:00 a.m. to 7:00 p.m. at the
following locations: 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.
RESOLUTION NO.
• A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING A SPECIAL RUNOFF
ELECTION FOR DECEMBER 17, 2005 FOR THE PURPOSE OF ELECTING COUNCILMEMBER
PLACE SIX; 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 §
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 Six; and
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NOVEMBER 17, 2005
WHEREAS, the City Council deems it advisable to call such runoff election, and the
City Council.wishes to order such runoff election on Saturday, December 17, 2005 for the
purpose of election of Councilmember Place Six; and
WHEREAS, the City Council has determined that Saturday, December 17, 2005 is the
appropriate date for holding such.runoff election, and that such date allows sufficient time
to comply require uirements of law,• and
Pq
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
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 Six 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, December 17, 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 Cliff Borofsky, 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 designated by Cliff
Borofsky, 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 December 17, 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:
Cliff Borofsky, 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. December 9,
2005.
Dates for Early Voting. Early voting shall commence on Wednesday, November 30,
2005 (17th day before the election) and continue through Tuesday, December 13, 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 Earlv 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
9 3"
NOVEMBER 17, 2005
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 November 30, 2005 through December 13, 2005, the hours
.designated for early voting by personal appearance shall be as follows, and/or as otherwise
designated in writing by Cliff Borofsky, Williamson County Elections Administrator, and
approved by the Williamson County Commissioners Court:
November 30 -December 2, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m.
December 5 - December 9, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m.
December 10, 2005 (Saturday) 10:00 a.m. - 6:00 p.m.
December 12 - December 13, 2005 (Weekdays) 7:00 a.m. - 7:00 p.m.
• 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 Cliff Borofsky, 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, Cliff
Borofsky 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 December 17, 2005. The official canvass,
tabulation and declaration of the results of the special runoff election shall be conducted by
the City Council at a 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 November 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.
94
NOVEMBER 170 200:5
4.C. Consider a resolution authorizing the Mayor to execute an Election Services
Contract with the Williamson County Elections Administrator to conduct the December 17,
2005 Special Runoff Election. This contract is for election services from Cliff Borofsky,
Williamson County Election Administrator to conduct the Special Runoff Election on
December 17, 2005. This agreement outlines the responsibilities of the Election
Administrator and the City. The cost of the election will be approximately $32,000. •
RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to enter into a contract with the,
Williamson County Elections Administrator to conduct the December 17, 2005 Special
Runoff 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 December 17, 2005 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 17th day of November 2005.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Clifford seconded the motion. i
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 7:48 a.m.
RXctfully Submitted,
J�R
Christine R. Martinez, City ftSecreta*g�"
14 Y( Y d�" Y Y �l` Yy.V AS.•.t - .
9. 5
NOVEMBER 22, 2005
The Round Rock City Council met in Regular Session on Tuesday, November 22,
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.
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
PUBLIC HEARINGS:
5.A.1. Consider public testimony regarding an application filed by Avery Ranch
Company, Ltd. to adopt original zoning of District PF-3 (Public Facilities - High Intensity) on
73.92 acres of land. (Seton Tract) Jim Stendebach, Planning and Community Development
Department Director made the staff presentation. This 73-acre tract is currently located
outside the city limits at the southwest corner of Chandler Road and FM 1460. The tract will
• be annexed prior to the zoning approval. Seton Hospital Network is proposing to construct a
Medical Hospital Campus which is a needed facility on the east side of the city. The PF-3
(Public Facility - High Intensity) District will accommodate the proposed size and various
accessory uses of the development. The current proposal will be developed in two phases.
The main building in Phase 1 will be approximately 307,000 square feet with 180 beds.
After Phase 2 is complete the hospital will have approximately 300 beds. This proposed
zoning district is consistent with city land use policies. Mayor Maxwell opened the public
hearing.
John Avery expressed his support of the zoning for this tract.
There being no further testimony, the public hearing was closed.
CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by
one motion. Item 8.A.1 and 9.F.3. were removed from the consent agenda and addressed in
the normal sequence of the agenda.
*7.A. Consider approval of the City Council minutes for November 10, 2005 and
November 17, 2005.
*8.A.1. Consider an ordinance amending Chapter 9 of the Round Rock Code of
Ordinances (1995 Edition), adding Section 9.2300 prohibiting motor vehicle idling. (Second
96:
NOVEMBER 22, 2005
Reading) This item was removed from the consent agenda and was addressed in its normal
sequence on the agenda.
*8.B.1. Consider an ordinance authorizing the replacement of a yield sign with a
stop sign on Tower Drive at its intersection with Dixie Lane (Second Reading)
*8.B.2. Consider an ordinance amending Chapter 9 Section 9.1700 of the Round
Rock Code of Ordinances (1995 Edition) prohibiting through commercial truck traffic on •
Kiphen Road (CR 113) from FM 1460 to Red Bud Lane (CR 122) (Second Reading)
*9.E.1. Consider a resolution rejecting all bids for the St. Williams Loop Park
Improvement Project.
*9.E.3. Consider a resolution authorizing the Mayor to execute an Agreement for
Purchase of Printing Services and a Work Made For Hire Agreement with Austin Copy Craft
Printers d/b/a Ca ital Printing Co. for 4-Color Program Booklets.
*9.F.3. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 3 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 removed from the consent agenda and was addressed in its normal sequence on
the agenda.
*9.G.1. Consider a resolution authorizing the Mayor to execute a Community •
Development Block Grant Agreement with Bluebonnet Trails PRIDE Early Childhood for
health services equipment for $5,000.00.
*9.G.2. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Easter Seals-Central Texas for the Medical
Rehabilitation Program for children with disabilities for $10,000.00.
*9.G.3. Consider a resolution authorizing the Mayor to execute a Community,
Development Block Grant Agreement with the Round Rock Area Serving Center for the Food
Pantry Program for $2,000.00.
*9.G.4.Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Round Rock Area Serving Center for the
Coats for Kids Program for $1,000.00.
*9.G.5. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Williamson-Burnet County Opportunities (WBCO)
for the Meals on Wheels Weekend Meal Supplements Program for $10,179.00.
*9.G.6. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Williamson County and Cities Health District
for the CHIP and Children's Medical Outreach Program for $8,220.79.
97
NOVEMBER 22, 2005
*9.G.7. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Williamson County and Cities Health District
for the Healthcare Helpline Program for $8,500.00.
*9.G.8. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Williamson County Crisis Center for
playground improvements for $10,100.00.
MOTION: Councilmember Rhode moved to approve all the remaining items listed in
the consent agenda. 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.
APPROVAL OF MINUTES:
*7.A. Consider approval of the City Council minutes for November 10, 2005 and
November 17, 2005. This item was approved under the consent agenda.
ORDINANCES:
*8.A.1. Consider an ordinance amending Chapter 9 of the Round Rock Code of
• Ordinances (1995 Edition), adding Section 9.2300 prohibiting motor vehicle idling. (Second
Reading) This item was removed from the consent agenda and addressed at this time.
Tom Word, Director of Public Works Operations made the staff presentation. The
Austin/Round Rock Metropolitan Statistical Area (MSA), as part of the Austin=San Marcos
Early Action Compact, prepared a Clean Air Action Plan (CARP) with selected emission
reduction measures designed to provide clean air sooner, maintain local flexibility, and defer
the effective date of non-attainment designation for the 8-hour ozone standard. One of the
emission reduction measures that is anticipated to reduce 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. The Heavy-Duty
Vehicle Idling Program was included in the CAAP and is designed for use in the MSA's five
urbanized counties (Bastrop, Caldwell, Hays, Travis and Williamson). On December 18,
• 2003, the City 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. On July 14, 2005, the City approved a resolution to execute a
MOA with the TCEQ in support of the Implementation Plan for the Heavy-Duty Vehicle Idling
Rule. In implementing the MOA, the City is required to establish an ordinance that indicates
how this rule will be punishable by law within its jurisdiction. Under the proposed
ordinance, an offense for violating the five-minute idling restriction will be punishable as a
Class C misdemeanor.
98
NOVEMBER 22, 2005
The Council and staff discussed the exceptions to the regulations.
ORDINANCE NO.
AN .ORDINANCE AMENDING CHAPTER 9, TRAFFIC REGULATIONS, CODE OF ORDINANCES
(1995 EDITION), CITY OF ROUND ROCK, TEXAS ADDING SECTION 9.2300, PROHIBITING
MOTOR VEHICLE IDLING; PROVIDING A PENALTY; 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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
*8.B.1. Consider an ordinance authorizing the replacement of a yield sign with a
stop sign on Tower Drive at its intersection with Dixie Lane. (Second Reading) This item
was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGN WITH A
STOP SIGN ON TOWER DRIVE AT ITS INTERSECTION WITH DIXIE LANE; PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
*8.B.2. Consider an ordinance amending Chapter 9, Section 9.1700 of the Round •
Rock Code of Ordinances (1995 Edition) prohibiting through commercial truck traffic on
Kiphen Road (CR 113) from FM 1460 to Red Bud Lane (CR 122). (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 KIPHEN
ROAD (COUNTY ROAD 113) BETWEEN FM 1460 AND RED BUD LANE (COUNTY ROAD 122);
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
8.C.1. Consider an ordinance adopting original zoning of District PF-3 (Public
Facilities - High Intensity) on 73.92 acres of land. (Seton Tract) (First Reading) Jim
Stendebach, Planning and Community Development Department Director made the staff
presentation for this item during the public hearing held earlier in the meeting.
ORDINANCE NO. •
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO ZONE 73.92 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY,
ABSTRACT NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT PF-3
(PUBLIC FACILITIES-HIGH INTENSITY):
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
i a cFtnl,
99
NOVEMBER 22, 2005
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. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None r
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
8.C.2. Consider an ordinance annexing 2.169 acres of land out of the Socrates
Darling Survey, the William Bratton Survey, and the William Drummond Survey. (Greenlawn
ROW) (First Reading). Jim Stendebach, Planning and Community Development Department
Director made the staff presentation. This right-of-way was purchased by the City of Round
Rock is being annexed voluntarily in order to provide consistent police and fire protection.
The right-of-way is portion of Greenlawn Boulevard between SH 45 and IH 35 and are a part
of the City's Master Transportation Plan.
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND .CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 2.169 ACRES OF LAND OUT OF THE SOCRATES DARLING
SURVEY, NO. 102, ABSTRACT NO. 232, THE WILLIAM BRATTON SURVEY, NO. 103,
ABSTRACT NO. 100, AND THE WILLIAM DRUMMOND SURVEY, NO. 109, ABSTRACT NO. 233,
IN WILLIAMSON COUNTY; FINDING THAT ALL. NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A
PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL BE ENTITLED TO
THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT AND TO BE. HEREINAFTER ADOPTED; PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE.DATE; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Salinas 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 Honeycutt moved to dispense with the second reading of
the ordinance with the unanimous consent of all the Councilmembers present. Mayor Pro-
tem McGraw seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
100
NOVEMBER 22, 2005
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
8.C.3. Consider an ordinance annexing 4.525 acres of land out of the Socrates
Darling Survey and the Memucan Hunt Survey. (Greenlawn ROW) (First Reading) Jim
Stendebach, Planning and Community Development Department Director made the staff
presentation. This right-of-way was purchased b the Cit
p g of Round Rock and is being
Y P Y Y 9
annexed voluntarily in order to provide consistent police and fire protection. The right-of-
way is a portion of Greenlawn Boulevard between SH 45 and IH 35 and are a part of the
City's Master Transportation Plan.
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 4.525 ACRES OF LAND OUT OF THE SOCRATES DARLING
SURVEY, NO. 102, ABSTRACT NO. 232, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO.
314, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A
PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL BE ENTITLED TO
THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
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.
MOTION: Councilmember Salinas moved to dispense with the second reading of the
ordinance with the unanimous consent of all the Councilmembers present. 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.
8.C.4. Consider an ordinance annexing 55.6093 acres of land out of the Joseph Mott •
Survey, the Thomas Glasscock Survey, the B.C. Low Survey, the Ruidoso R R Co Survey,
and the H. Millard Survey. (Chandler Road ROW) (First Reading) Jim Stendebach, Planning
and Community Development Department Director made the staff presentation. This right-
of-way was purchased by Williamson County in November 2002 and is being annexed
voluntarily in order to provide consistent police and fire protection. The right-of-way is a
portion of Chandler Road ROW beginning at the eastern right-of-way line of FM 1460 and
101
NOVEMBER 22, 2005
continuing to the western right-of-way of CR 110. This right-of-way is part of the City's
Master Transportation Plan.
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 55.6093 ACRES OF LAND, OUT OF THE JOSEPH MOTT
SURVEY, ABSTRACT NO. 427, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255, THE
B.C. LOW SURVEY, ABSTRACT NO. 385, THE RUIDOSO R.R. CO. SURVEY, ABSTRACT NO.
714, AND THE H. MILLARD SURVEY, ABSTRACT NO. 452, 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 Honeycutt 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: Councilmember Salinas moved to dispense with the second reading of the
• ordinance with the unanimous consent of all the Councilmembers present. 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.
RESOLUTIONS:
9.A.1. Consider a resolution authorizing the Mayor to execute a Professional
Consulting Services Agreement and a Work Made for Hire Agreement with Arsenal Brand,
L.P. for the Convention and Visitors Bureau marketing and public relations program. Nancy
Yawn, Director of Convention and Visitors Bureau made the staff presentation. Tate Austin
has been the marketing public relations firm for the past two contracts. This year a RFQ
• was sent out for professional consulting services and a work made for hire. A cross
department committee reviewed the responses submitted and heard the responders
presentations. The committee recommended that Arsenal Brand, L.P. be awarded the
agreement for the services requested. The Convention and Visitors Bureau will be the
principal organization organized as the marketing and sales arm of the City with the
responsibility to increase occupancies of local lodging facilities, and to increase tourism
spending in Round Rock.
10 2
NOVEMBER 22, 2005
Dave Petter, President of Arsenal Brand, L.P., introduced himself and Kim Carpenter,
Account Director for Arsenal Brand, L.P. and gave the Council a brief presentation of their
work and Company.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain professional consulting services
for the Convention and Visitors Bureau Marketing and Public Relations Program, and
WHEREAS, Arsenal Brand, L.P. has submitted an Agreement for Professional
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 Arsenal Brand,
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 Professional Consulting Services and a Work Made for Hire Agreement with
Arsenal Brand, 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 22nd day of November 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 Salinas
Councilmember Rhode •
Mayor Maxwell
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
9.B.1. Consider a resolution authorizing the Mayor to execute an Agreement for
Purchase of Fire Department Turnout Gear from Casco Industries. Inc. Larry Hodge, Fire
Chief made the staff presentation. The Texas Commission of Fire Protection recommends
that turnout gear be replaced when it becomes unserviceable and cannot be fixed.
Guidelines set by the Texas Commission of Fire Protection are used to inspect the 34
required areas on turnout gear. Casco Industries, Inc. submitted the only bid for firefighter
turnout gear and is the current vendor for firefighter turnout gear. Staff recommended
acceptance of the bid from Casco Industries, Inc. for new hires and turnout gear that does
not pass the inspection. The annual cost is $34,000.00 and the approximate cost of a five
year contract is $170,000.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of
turnout gear for the Fire Department, and
WHEREAS, while only one bid was received from Casco Industries, Inc., the City
Council has determined that the bid is acceptable, and
WHEREAS, the City Council wishes to accept the bid of Casco Industries, Inc., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Fire Department Turnout Gear with Casco Industries, Inc., a
copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein.
103.
NOVEMBER 22, 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 22nd day of November 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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
9.C.1. Consider a resolution authorizing the Mayor to execute a Letter of
Understandina with Aetna Life Insurance Company for independent third-party
administration of the City's self-funded health plan. David Kautz, Assistant City Manager
made the staff presentation. For the past three years the City has utilized Great-West for
medical, Rx, dental, and vision administrative services. The City experienced significant
cost increases over this period. Analysis has shown that the City has had higher than
normal catastrophic claims and that the network discounts are not at a market competitive
level. This agreement moves the City to the lowest projected net cost administrator and will
see a significant cost savings. This agreement will enable the access to:
• the most cost-effective network as measured by the average hospital and
physician discounts in the Round Rock/Austin area;
• better prescription drug pricing and significant participation in pharmacy
manufacturer rebates through Aetna's internally owned Pharmacy Benefit
Management Company;
• the most well-integrated approach to medical management and medical cost
containment;
• a market leader in consumer-directed plans should we elect to move in this
direction in the future; and
• a dental network of providers who will provide financial and administrative
benefits to participants.
Dan Bishop of Holmes Murphy gave the following overview and recommendation
regarding the City's self-funded. health plan. Mr. Murphy is the City's agent of record for
Employee Benefit Consulting Services.
• References are positive for Aetna
• No benefits will be removed from the current plan
• Improved wellness provision without impacting the cap
• Mail order is cost neutral, it will be a convenience but will not be mandatory
• Is working with Aetna to recruit more doctors
• Recommended Aetna for stop-loss reinsurance
• Will be a dramatic savings for the dental participants and can use any dentist
_10 4.
NOVEMBER 22, _2005
The Council, staff and Mr. Bishop discussed the differences in the premiums.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain professional services to provide
independent third-party administration of the City's self-funded health plan, and
WHEREAS, Aetna Life Insurance Company ("Aetna") has submitted a proposal to
provide said services, and
WHEREAS, pending the final negotiation of the terms and provisions of an
Administrative Services Agreement, the City Council desires to approve a Letter of
Understanding with Aetna, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Letter of Understanding with Aetna Life Insurance Company, a copy of said Letter of
Understanding being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November 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.
SUPPLEMENTAL AGENDA ITEM:
9.C.2. Consider a resolution accepting the proposal of Aetna Life Insurance Company
for stop loss insurance: David Kautz, Assistant City Manager made the staff presentation.
For the past three years the City has utilized AIG for its Stop Loss carrier for medical, Rx,
and dental services. The stop loss reinsurance provides coverage for the City's health
benefit plan claim payments, which exceed limits the City has chosen to self-insure. This
coverage protects the City's self-funded plan from catastrophic financial losses. The City's
current stop loss coverage will expire on November 30, 2005. Aetna's Stop Loss Insurance
policy will be effective December 1, 2005 through November 30, 2006.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for proposals for stop loss
insurance, and
WHEREAS, Aetna Life Insurance Company has submitted the proposal determined to •
be the most advantageous to the City considering the price and other evaluation factors
included in the request for proposals, and
WHEREAS, the City Council wishes to accept the proposal of Aetna Life Insurance
Company, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the proposal of Aetna Life Insurance Company for stop loss insurance is hereby
accepted as the proposal determined to be the most advantageous to the City considering
the price and other evaluation factors included in the request for proposals.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law,at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of November, 2005.
y X
:.r. 10; 5
NOVEMBER 22, 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 Salinas
Councilmember Rhode
Mayor Maxwell
is
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
9.D.1. Consider a resolution authorizing the Mayor to execute a contract with
Landscapes Unlimited for the Forest Creek Golf Course Bunker Renovations. Tom Word,
Director of Public Works Operations made the staff presentation. In April of 2005, the City
entered into a 5-year lease agreement with CCA Silband/Oncourse Strategies for the
operation of Forest Creek Golf Course. As part of the agreement discussions, the City and
CCA agreed that certain capital improvements to the course were needed to maintain and
improve the course and facilities. Those improvements would be funded through an
interfund loan not to exceed $1 million from the City's general operations and paid back to
the City from golf course revenues over a period not to exceed 20 years. This is one of at
least 4 priority projects to be funded through this agreement. A renovation of golf course
bunkers is a high priority to improve playing conditions, maintenance and aesthetics at
Forest Creek. An invitation for bids was advertised with the City receiving four proposals
ranging in price from $186,561.10 to $317,433..50. A review committee consisting of Jim
Pappa, Golf Course Manager, Rick Atkins, Park and Recreation Director, Howard Baker,
Purchasing Manager and Larry Madsen, Building Construction Manager evaluated the
proposals. Landscapes Unlimited was determined to be well qualified and had the best
value for the renovation project at a cost of $186,561.10.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the Forest Creek
Golf Course Bunker Renovations Project, and
WHEREAS, Landscapes Unlimited has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Landscapes Unlimited, Now
Therefore
BE IT RESOLVED BY THE 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 Landscapes Unlimited for the Forest Creek ,Golf Course Bunker Renovations
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 22nd day of November, 2005.
MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Salinas
10: 6,
NOVEMBER 22, 2005
Mayor Maxwell
Nays: None
Absent: Councilmember Clifford
' Councilmember Rhode was out of the room when the
vote was taken.
ACTION: The motion carried unanimously.
9.E.1. Consider a resolution rejecting all bids for the St. Williams Loop Park
Improvement Project. This item was approved under the consent agenda.
RESOLUTION NO. •
WHEREAS, the City of Round Rock has duly advertised for bids for the St. Williams
Loop Park Improvement Project, and
WHEREAS, the Council has determined that all bids received should be rejected and
the project should be re-bid, Now Therefore
BE IT RESOLVED BY THE.COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That all bids received for the St. Williams Loop Park Improvement Project are hereby
rejected and the project should be re-bid.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
9.E.2. Consider a resolution authorizing the Mayor to issue a purchase order to the
Playwell Group for shade structures and dugouts for the Old Settlers Park at Palm Valley
Baseball Complex Improvements Project. Rick Atkins, Parks and Recreation Director made
the staff presentation. As part of the Project: Sports Capital of Texas, the baseball complex •
was identified as one of the first complexes needing to be updated to provide high level
tournament and recreational facilities. The fields identified for improvement are fields 1-4
of the baseball complex because they have had the least amount of improvements done
over the last 5 years. New shade structures and dugouts will help upgrade these fields to
the level of standard expected of high level tournament and recreational facilities. Staff
made numerous presentations to the leagues and associations showing the types of
improvements that are being completed through this phase of the project. The cost of these
improvements is $260,000.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock ("City") desires to purchase shade structures
and dugouts for the Old Settlers Park at Palm Valley Baseball Complex Improvements
Project, and
WHEREAS, the City is a member of the Texas Local Government Statewide
Purchasing Cooperative ("Buy Board"),.and
WHEREAS, The Playwell Group is an approved vendor of the Buy Board, and
WHEREAS, the City. wishes to issue a purchase order to The Playwell Group, 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
The Playwell Group for shade structures and dugouts for the Old Settlers Park at Palm Valley
Baseball Complex 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 22nd day of November, 2005.
• i i
10. 7.
NOVEMBER 22, 2005
MOTION: Mayor Pro-tem McGraw 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.
*9.E.3. Consider a resolution authorizing the Mayor to execute an Agreement for
Purchase of Printing Services and a Work Made For Hire Agreement with Austin Copy Craft
Printers d/b/a Capital Printing Co. for 4-Color Program Booklets. This item was approved
under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for printing the Parks
and Recreation Department's Program Guide, and
WHEREAS, Austin Copy Craft Printers d/b/a Capital Printing Co. has submitted the
lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Austin Copy Craft Printers
d/b/a Capital Printing Co., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Printing Services and a Work Made for Hire Agreement for 4-
Color Program Booklets with Austin Copy Craft Printers d/b/a Capital Printing Co., a copy of
said Agreements being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
9.F.1. Consider a resolution authorizing the Mayor to execute a contract with RGM
Constructors, L.P. for the widening of Kiphen Road from the old MKT Railroad right-of-wax
to CR 122. This item was addressed after item 9F3.
9.F.2. Consider a resolution authorizing the Mayor to execute a Discretionarx
Service Agreement with TXU Electric Delivery Company for the installation of street lights on
Kiphen Road. Tom Martin, Director of Transportation Services made the staff presentation.
Street lights will be installed in conjunction with the reconstruction of Kiphen Road. Upon
completion of the Kiphen Road project and acceptance by the City, TXU Electric Delivery will
provide the necessary maintenance. This agreement, with TXU Electric Delivery, is for the
installation of pole mount transformers, underground street light conductors, pole mount
street light controls, forty-seven (47) 40 foot tall steel street light poles, forty-seven (47)
breakaway bases, ninety (90) 8-foot arm brackets and ninety (90) 250-watt HPS street
lights. The cost of the Discretionary Service Agreement is $176, 431.87.
RESOLUTION NO.
WHEREAS, the City of Round Rock ("City") is planning a project for the widening of
Kiphen Road from the MKT Railroad right-of-way to CR 122 ("Project"), and
108
NOVEMBER 22, 2005
WHEREAS, TXU Electric Delivery Company ('TXU") is the only provider of electric
service to that portion of the City and the only company allowed to provide, install or
relocate the equipment necessary for provision of such electric service, and
WHEREAS, in conjunction with the Project, the City wishes to enter into a
Discretionary Services Agreement with TXU for the installation of street lights along Kiphen
Road, and
WHEREAS, the Local Government Code, Section 252.022(a)(7) exempts
expenditures for sole source providers from the competitive bidding requirements set forth
in Local Government Code, Section 252.021, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Discretionary Services Agreement with TXU Electric Delivery for the installation of street �.
lights along Kiphen Road, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
*9.F.3. Consider a resolution authorizing the Mayor to execute Supplemental •
Agreement No. 3 with Chiang, Patel &Yerby, Inc. for the reconstruction of Kighen Road
from the old MKT Railroad right-of-way to CR 122. (Kiohen Road, Phase II Proiecu This
item was removed from the consent agenda and addressed at this time. Tom Martin,
Director of Transportation Services made the staff presentation. The Round Rock
Transportation System Development Corporation TCIP includes a project for the
reconstruction and expansion of Kiphen Road to a 4-lane divided arterial. The engineer will
provide the necessary engineering and technical services required for the revisions of the
preparation of plans, specifications and estimates (PS&E). The requested revisions are
contained in two separate PS&E packages as outlined below.
1. Revisions to Kiphen Road Phase I - Construction of Kiphen Road Phase I is wholly
contained within the Texas Department of Transportation's (TxDOT's) construction
plans for FM 1460 (CS] No. 2211-02-015). The original intent of Kiphen Road Phase •
I was to realign the intersection of Old Settler's Boulevard at FM 1460 to meet up
with proposed Double Creek Drive to the east. Kiphen Road would then be realigned
to tie into Double Creek about 1/4 mile east of FM 1460. Due to the fact that the plan
for future Double Creek is now undetermined, it has been decided to realign Kiphen
Road to match Old Settler's Boulevard at FM 1460. Revisions will be required to the
95% construction documents submitted to TxDOT to remove Double Creek and
realign Kiphen Road. In addition, revisions will be required to match the new limits
109
NOVEMBER 22, 2005
of constructionro osed for Kiphen Road'
p p p Phase II.
2. Revisions to Kiphen Road Phase II - These revisions are to extend the limits of
construction on Kiphen Road Phase II approximately 1,000' to the west, as well as
describe the overlay and repair of existing Kiphen Road from the western limits of
Phase II to FM 1460. These revisions will require changes to the 95% construction
• documents submitted to the City, as well as require additional plan sheets added to
the construction documents. Right-of-way services will be performed, including data
research, acquisition and coordination, right-of-way surveying, and right-of-way
document preparation.
The cost of the Supplemental Agreement,is $122, 157.00.
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. 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 Chiang, Patel &Yerby, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Agreement No. 3 to the Agreement 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 22nd day of November, 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.
9.F.1. Consider a resolution authorizing the Mayor to execute a contract with RGM
• Constructors. L.P. for the widening of Kiphen Road from the old MKT Railroad right-of-way
to CR 122. Tom Martin, Director of Transportation Services made the staff presentation.
Chiang, Patel, &Yerby, Inc., provided engineering and design services for both Phase I and
II of the reconstruction of Kiphen Road. The project, in accordance with the City's
Transportation Master Plan, includes the reconstruction from 2 lanes to a 4 lane divided
arterial. Three bids were received and opened on October 4, 2005 in the City Council
Chamber. Based on review of the bid by the staff, it was recommended that the bid be
awarded to RGM Constructors, L.P., in the amount of $7,410,510.31.
110
NOVEMBER 22, 2005
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the widening of
Kiphen Road from the MKT Railroad right-of-way to CR 122, 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 widening of Kiphen Road from the MKT Railroad
right-of-way to CR 122.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter-551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 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 Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Clifford
ACTION: The motion carried unanimously.
9.F.4. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with Travis County, Williamson County, the City of Austin, and the Central Texas
Regional Mobility Authority to conduct a Mobility Plan Study. Tom Word, Chief of Public
Works Operations made the staff presentation. On June 6, 2005, the Capital Area
Metropolitan Planning Organization (CAMPO) adopted a new long-range transportation plan
called Mobility 2030 Plan. Included in the plan were a number of proposed "Phase 2" toll
roads to be developed by the Central Texas Regional Mobility Authority (CTRMA). In
adopting the Mobility 2030 Plan, CAMPO also adopted an amendment providing for a re-
review of the Phase 2 toll road projects through a study initiated by the City of Austin and
the CTRMA. Round Rock has been requested to provide oversight and guidance for the
study by designating a City Council member to serve on the Steering Committee for the
study, and a staff member to serve on the Technical Advisory Committee for the study.
Additionally, the City is being requested to contribute $25,000 toward the cost of the study,
which would represent 7.06%'of the total study cost of the $354,000.
Mayor Maxwell appointed Councilmember Clifford to the Steering Committee and
Tom Word to the Technical Advisory Committee.
RESOLUTION NO.
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to
perform governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with
Travis County, Williamson County, the City of Austin, Hays County and the Central Texas
Regional Mobility Authority for a Mobility Plan Study, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
Jfy 41 2 1 f
NOVEMBER 22, 2005
That the Mayor is hereby authorized and directedt execute on behalf of the City an
Interlocal Agreement with Travis County, Williamson ounty, the City of Austin, Hays
County and the Central Texas Regional Mobility Authority, a copy of same being attached
hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
MOTION: Councilmember Honeycutt 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 Cliffor
ACTION: The motion carried unanimously.
*9.G.1. Consider a resolution authorizing the May: to execute a Community
Development Block Grant Agreement with Bluebonnet Trails PRIDE Early Childhood for
health services equipment for $5,000.00. This item was approved under the consent
agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing arid Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage Bluebonnet Trails PRIDE Early
Childhood to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with Bluebonnet Trails PRIDE Early Childhood for.°health services
equipment, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY 0 ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed o execute on behalf of the City, a
Community Development Block Grant Agreement wit Bluebonnet Trails PRIDE Early
Childhood for health services equipment, a copy of said a reement being attached hereto as
Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by I w at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
*9.G.2. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Easter Seals-Central Texas for the Medical
Rehabilitation Program for children with disabilities for $1 .000.00. This item was approved
under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing arid Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage Easter Seals - Central Texas to
assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with Easter Seals - Central Texas for he Medical Rehabilitation Program
for children with disabilities, Now Therefore
112
NOVEMBER 22, 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
Community Development Block Grant Agreement with Easter Seals - Central Texas for the
Medical Rehabilitation Program for children with disabilities, a copy of said agreement being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
*9.G.3. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Round Rock Area Serving Center for the Food
Pantry Program for $2,000.00. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the. Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving
Center to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with the Round Rock Area Serving Center for the Food Pantry 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 Area Serving Center
for the Food Pantry Program, a copy of said agreement being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the. public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
*9.G.4. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with the Round Rock Area Serving Center for the
Coats for Kids Program for $1,000.00. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving
Center to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with the Round Rock Area Serving Center for the Coats for Kids 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 Area Serving Center
for the Coats for Kids Program, a copy of said agreement being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The City Council hereby finds, and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public-as required by law at all times during which this
Resolution and the subject matter hereof.were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
*9.G.5. Consider a resolution authorizing the Mayor to execute-a Community
Development Block Grant Agreement with Williamson-Burnet County Opportunities (WBCO)
11� 3
NOVEMBER 22, 2005'
for the Meals on Wheels Weekend Meal Supplements Program for $10,179.00. This item
was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage Williamson-Burnet County
Opportunities to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with Williamson-Burnet County Opportunities for the Meals on Wheels
Weekend Meal Supplements Program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant Agreement with Williamson-Burnet , County
Opportunities for the Meals on Wheels Weekend Meal Supplements Program, a copy of said
agreement being attached hereto as Exhibit"A',and incorporated.herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
*9.G.6. Consider a resolution authorizing the Mavor to execute a Community
Development Block Grant Agreement with the Williamson County and Cities Health District
for the CHIP and Children's Medical Outreach Program for $8,220.79. This item was
approved under the consent agenda.
• RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage the Williamson County and
Cities Health District to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with the Williamson County and Cities Health District for the
CHIP/Medicaid Program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant Agreement with the Williamson County and Cities
Health District for the CHIP/Medicaid Program, a copy of said agreement being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as. required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
kl:i�t
*9.G.7. Consider a resolution authorizing the Mayor to execute a Community
• Development Block Grant Agreement with the Williamson County and Cities Health District
for the Healthcare Helpline 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 Williamson County and
Cities Health District to assist the City in utilizing said funds, and
1: 1. 4:
NOVEMBER 22, 2005
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with the Williamson County and Cities Health District for the Healthcare
Helpline Program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant Agreement with the Williamson County and Cities
Health District for the Healthcare Helpline Program, a copy of said agreement being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this •
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
*9.G.8. Consider a resolution authorizing the Mayor to execute a Community
Develooment Block Grant Agreement with the Williamson County Crisis Center for
playground improvements for $10,100.00. This item was approved under the consent
agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of
1974, Public Law 93-383, and
WHEREAS, the City of Round Rock wishes to engage The Williamson County Crisis
Center to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Agreement with The Williamson County Crisis Center for playground improvements,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a •
Community Development Block Grant Agreement with The Williamson County Crisis Center
for playground improvements, a copy of said agreement being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public.as required by law at all times during which this
Resolution and the subject matter hereof.were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 22nd day of November, 2005.
9.G.9. Consider a resolution authorizing the Mayor to execute an Amendment to
Interlocal Agreement with Williamson County to define platting Jurisdiction. This item was
withdrawn from the agenda at the request of staff.
COUNCIL COMMENTS: None
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:01 p.m.
Respectfully Submitted,
Christine R. Martinez, City Secretary
:3.
115
DECEMBER 1, 2005
The Round Rock City Council met in Regular Session on Thursday, December 1, 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 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
Mayor Maxwell dispensed with the order of the agenda with the unanimous consent
of all the Councilmembers present and addressed the following items.
EXECUTIVE SESSION:
11.A. Executive Session as authorized by X551.072 Government Code, related to
the settlement agreement with Martin and Pamela Cirkiel for the purchase of right-of-way
for the A.W. Grimes Boulevard Project. The Council recessed to the Executive Chamber for
the Executive Session. Mayor Maxwell called the Executive Session to order at 7:03 p.m.
and adjourned back into Regular Session at 7:20 p.m.
9.B.1. Consider a resolution authorizing the Mayor to execute settlement documents
with Martin and Pamela Cirkiel for the purchase of right-of-way for the A.W. Grimes
Boulevard Proiect.
Steve Sheets, City Attorney made the staff presentation to the Council during the Executive
Session:
RESOLUTION NO.
WHEREAS, the City Council, upon .consideration of the matter, has determined that
there exists a public necessity for the welfare of the City of Round Rock and the public-at-
large to construct and maintain improvements to A.W. Grimes Boulevard, and to perform
associated public purposes ("Project"); and
WHEREAS, the City of Round Rock, has a need to acquire approximately 1.20 acres
of land in Williamson County, Texas, in fee simple, to enable the City to complete the
Project; and
.WHEREAS, a suit to condemn this property is currently pending in the County Court
• at Law No. 2 in Williamson County under cause number 04-0521-CC2 and styled the City of
Round Rock, Texas v. Martin Cirkiel, Pamela Cirkiel, and Union State Bank Condemnees;
and
WHEREAS, pursuant to a special commissioners' award, the amount of $300,000
was paid to the landowner or deposited in the registry of the Court to allow the City to take
possession of the property as litigation continued; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the additional amount of $55,000.00 for a total compensation of $355,000.00
is a fair and equitable amount for the settlement of this condemnation case, and
That the Mayor and/or the city attorney shall be authorized to execute, on behalf of
the City of Round Rock the necessary documents to effectuate the settlement of this
condemnation case for this amount.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
116
DECEMBER 1, 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 1st day of December 2005.
MOTION: Mayor Pro-tem McGraw moved to disapprove 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.
9.F.4. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with HDR Engineerina Inc for the Preliminary Engineering Report for
the Cedar Park/Round Rock/LCRA Regional Water System Improvements. Tom Clark,
Director of Utilities made the staff presentation. The Lake Travis Raw Water Supply System
study, completed, in September 2005, recommended that the most cost effective
alternative to the City for accessing Lake Travis water was to develop a partnership with the
City of Cedar Park and / or LCRA to develop a regional treatment and delivery system. In
order for the partnership to develop a long term contract, a Preliminary Engineering Report
is needed to identify the routing, pipe sizes, capacity, probable costs, cost sharing of various •
components and phasing the project to meet each City's requirements. This contract is for a
Preliminary Engineering Report on required capacities, regional Water Treatment Plant
(WTP) Site Analysis, Raw Water Pump Station Analysis, WTP Configuration, Raw and
Treated Water Line Sizing, Project Phasing and Probable Costs for Round Rock, Cedar Park
and LCRA in the regional treatment system. Engineering fees will be paid on a percentage
of capacity needed by each customer in the improvements. Total cost of the report will be
r
$132,500.00 with Round Rock's share totaling $57,637.50 The City of Round Rock's
percentage is 43.50%, based on an ultimate capacity in the system of 41 MGD. `
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for the
Preliminary Engineering Report for the Cedar Park/Round Rock/LCRA Regional Water
System Improvements, 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 Preliminary
Engineering Report for the Cedar Park/Round Rock/LCRA Regional Water System
Improvements, a copy of said contract being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which.this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
.upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
DECEMBER 1, 2005
RESOLVED this 1st day of December 2005.
MOTION: Councilmember Rhode moved to approve the resolution.
pp 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.
9.17.5. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement Regarding the Design of New Hope Regional Waterline with the City of Cedar
Park and the Lower Colorado River Authority. Tom Clark, Director of Utilities made the staff
presentation. The Lake Travis Raw Water Supply System study, completed, in September
2005, recommended that the most cost effective alternative to the City for accessing Lake
Travis water was to develop a partnership with the City of Cedar Park and / or LCRA to
develop a regional,treatment and delivery system. The proposed treated water pipeline
route will follow New Hope Road in Cedar Park which is scheduled for construction to be
completed March 2007. In order for the City of Round Rock to take advantage of the cost
savings available by installing this relatively short portion of the regional delivery system,
• being11 linear -
,000 inear feet of a 72 inch water line, Cedar Park needs a commitment to
partnership on the design cost associated with this segment of the regional delivery system.
This agreement is for Engineering Design Services of a 72-inch Potable Water Line, being
approximately 11,000 linear feet in length to be installed with the Cedar Park New Hope
Road Improvements right of way, from Bagdad Road to 183A. In doing so the City can take
advantage of the fact that Cedar Park has already acquired right-of-way and temporary
work easements. Round Rock's share of the engineering fees will be 49.76% of the total
cost based on the City's ultimate capacity in the system of 40.8 Million Gallons per Day. The
total cost of these engineering services will be $350,000.00 with Round Rock's share
totaling $174,160.00. This resolution is contingent upon the Lower Colorado River
Authority's Board adopting a similar Resolution at its December Board meeting.
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
Regarding Design of New Hope Regional Waterline with the City of Cedar Park and the
Lower Colorado River Authority, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That subject to approval of the Agreement by the Lower Colorado River Authority the
Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Agreement Regarding Design of New Hope Regional Waterline with the City of Cedar Park
and the Lower Colorado River Authority, a copy of same being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
11. 8
DECEMBER 1, 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 1st day of December 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.
PRESENTATIONS:
5.A.1. Consider a presentation recognizing Round Rock for being ranked as one of
America's safest cities by Morgan Quitno Press. Will Hampton, Communications Director
and Bryan Williams, Chief of Police made the staff presentation. The City of Round Rock
ranked as the 8th safest city in the United States, according to a survey of crime rate
statistics released by Morgan Quitno Press on November 21. No other Texas City ranked in
the top 25. The survey used crime data reported to the FBI by cities with a population of
75,000 and more. The survey used rates for murder, rape, robbery, aggravated assault, •
burglary and motor vehicle theft for its rankings. All cities of 75,000 population or more that
reported data to the FBI in 2004 for the six categories of crime measured for the survey
were included.
Chief Williams added that this award is a City of Round Rock award and not a Police
Department award because it is a community wide effort.
From this point on, Mayor Pro-tem McGraw chaired the meeting so Mayor Maxwell
could attend another commitment.
5.8.1. Consider a presentation on 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. Mr. Martin outlined the
following information. •
Board Actions
• Economic Development Agreement
Authorized President to Execute First Amendment on August 25, 2005
• State Infrastructure Bank Loan Agreement
Authorized President to Execute Agreement on August 25, 2005
• FY 2005-06 Operating Budget
Board approved budget on December 1, 2005
• Future Actions
Consider Board Approved Amendments
j
119.
DECEMBER 1, 2005
Consider Presentation on the Annual Report
Project Status
• Bid Opening
US 79 Gap (TxDOT Project)
Oakmont Drive/Teravista Parkway (Simon/Chelsep)
• Kiphen Road-Notice of Award
• Traffic Signals
Under Construction
■ RM 620 at Round Rock Hospital
■ Old Settlers Blvd. And Sunrise
■ Gattis School Road and Meister Lane
■ Gattis School Road and Double Creek Drive
• Under Construction
- Red Bud Lane Phase I
- Red Bud Lane Phase II
- AW Grimes Phase II
IH 35 Area Improvements
• Substantially Complete
Double Creek Drive Phase II
Forest Creek Drive
- FM1460 (TxDOT Project)
PUBLIC HEARINGS:
6.A.1. Consider public testimony regarding an application filed by The Fellowship
Church at Forest Creek to adopt original zoning of District PF-1 (Public Facilities - Low
• Intensity) on 5.2993 acres of land. Jim Stendebach, Planning Director made the staff
presentation. The tract is part of the Westview Addition subdivision. The developer
requested PF-1 (Public Facility - Low Intensity Use) Zoning District for the 5.2993-acre tract
located at the southwest corner of Gattis School Road and Westview Drive. This district
allows for a Place of Worship structure along with accessory uses not to exceed 10,000
square feet. The tract is allowed up to 10,000 square feet of accessory use due to the fact
that the tract fronts on and has direct access to a collector street. There are no plans at
this time to expand the existing buildings. The zoning request is in accordance with the
General Plan and is consistent with City land use policies.
Mayor Pro-tem McGraw opened the public hearing. There being no public testimony
the public hearing was closed.
6.A.2. Consider public testimony regarding proposed amendments to the General
Plan to modify the Future Land Use Map with regard to the area north of Old Settlers
• Boulevard, west of FM 1460, south of the City of Round Rock's extraterritorial jurisdiction
boundary, and east of IH-35. Shannon Burk, Senior Planner made the staff presentation.
Staff began a four-phase study of northeast Round Rock. The primary focus of this study
(called the Northeast Plan) is to examine the Future Land Use Map adopted with the General
Plan 2000. The first phase primarily concerns the property along the IH-35 frontage road.
Phase 2 covers the area east of Phase 1 as far as FM 1460. Phase 1 accounted for the
developments along the interstate by changing the future land use designation along the
2. 0
DECEMBER 1, 2005
frontage road from industrial and business park to commercial. Staff recommended
significant changes to the Future Land Use Map in Phase 2. The most notable change is the
addition of a new land use category for public facilities. This new designation includes uses
such as school, hospitals and churches. With the new Higher Education Center, the new
Police Station, and two hospitals, this new designation allows the Future Land Use Map to
provide a more realistic picture of what to expect in northeast Round Rock. The other major •
change with Phase 2 was to shift to more Mixed Land Use designations. This designation
allows for greater flexibility in how the land can be zoned, whether it be for residential,
office or commercial uses. The extensive use of this designation in Phase 2 seems
.appropriate given the existing zoning and proposed uses in these areas, particularly the
higher density development envisioned for the Avery property. The straight commercial
designation was also expanded in Phase 2, particularly along the western end of Chandler
Road. This expansion is in response to market changes resulting from the recent
developments along the interstate. Public input was solicited through a mailing to all
property owners in Phase 2 except for the single-family residents for the changes
recommended for Phase 2. On November 2, 2005, the Planning and Zoning Commission
unanimously rendered a favorable recommendation to amend the Future Land Use Map of
the General Plan as proposed in Phase 2 of the Northeast Plan. •
Mayor Pro-tem McGraw opened the public hearing. There being no testimony the
public hearing was closed.
6.A.3. Consider public testimony regarding proposed amendments to Chapter 11,
Zoning, of the Round Rock Code of Ordinances to add a C-1a (General Commercial-Limited)
District. Shannon Burke, Senior Planner made the staff presentation. The proposed C-1a
(General Commercial - Limited) zoning district is an attempt to provide greater flexibility in
assigning commercial zoning. Currently, the City only has two commercial zoning districts:
C-1 (General Commercial) and C-2 (Local Commercial). C-1 zoning is generally limited to
the intersection of two arterial roadways. This type of commercial zoning is permissive and
allows for commercial development with a regional market. C-2 is intended for a much
smaller market, typically just nearby neighborhoods, and is therefore permitted on smaller
roadways closer to residential property. Because of this close proximity, C-2 zoning •
includes very restrictive use and design standards to ensure compatibility between the
commercial development and the adjacent residences. While the clear distinction between
these two commercial zoning districts has been helpful in determining the appropriate
location for C-1 and C-2 zoning, it has also made it difficult to site commercial
developments that are less intense than C-1 but more intense than C-2. In order to remedy
this problem, staff recommended the adoption of a new limited commercial zoning district,
DECEMBER 1, 2005
C-1a (General Commercial - Limited). The Planning and Zoning Commission unanimously
recommended approval of the new zoning district at its November 2, 2005, meeting.
Mayor Pro-tem McGraw opened the public hearing. There being no testimony the
public hearing 9 was closed.
6.A.4. Consider public testimony regarding an application filed by R.R.E. Investors,
• L.P. to adopt original zoning of District PUD (Planned Unit Development) No. 66 on 3.165
acres of land, more or less, described as Lot 1, Block A, Section 1, Round Rock Express
Subdivision. Shannon Burke, Senior Planner made the staff presentation. This tract is
located just southwest of the Dell Diamond on Highway 79. The applicant requested PUD
zoning to accommodate limited commercial uses. The property was annexed in 1999 but
was never"officially" zoned. The proposed PUD property is divided into two development
parcels. Parcel 1, on the west side of the property, is expected to be developed first and is
currently a vacant lot with several large oak trees. Parcel 2 is currently a parking lot for the
Dell Diamond. Both parcels have a limited list of permitted commercial uses that are
intended to complement the existing Dell Diamond facility such as a restaurant or sports
related retail. An alternative plan also includes improvements to the adjacent parking lot to
the west of the site owned by the City. One other provision the PUD makes for Parcel 1 is
• the reduction of the rear setback from 5 feet to 2 feet. This adjustment was made to allow
greater flexibility in the location of structures on the site with the least amount of
interference with the existing trees. Staff had no concerns with the reduction in the setback
since the north boundary of the parcel abuts a driveway connecting Harrell Parkway to the
Dell Diamond parking lot (as opposed to abutting developable property). In addition to the
restrictions on uses, Parcel 1 has a number of development standards that differ from the
commercial regulations of the Zoning Ordinance, including:
• additional provisions for the exterior of the building
• a requirement for monument signs only
• an alternative landscape plan
• a slight reduction in the setback on the north side of the property, and
• a requirement that utilities be underground
• These regulations are included in the PUD, primarily to account for the existing trees and
also to provide an appearance appropriate for the entrance to Old Settlers Park. The other
parcel to the east, Parcel 2, does not contain additional development standards besides the
limitations on uses. This parcel is currently utilized for overflow parking for the Dell
Diamond. When the property owner decides how best to develop the property, it will be
required to meet all of the regular standards of the Code. Although there is some
uncertainty as to the end users for these parcels, the proposed PUD provides the City with
assurances that the "front door" to the Dell Diamond will retain an attractive appearance
12. 2
DECEMBER 1, 2005
with the existing trees and will not be cluttered with inappropriate uses. Staff recommended
approval of the PUD Zoning. The Planning and Zoning Commission unanimously
recommended approval of the proposed zoning change at its November 2, 2005, meeting.
Mayor Pro-tem McGraw opened the public hearing.
Jim Nias, 100 Congress Avenue, Suite 1100, Austin representing Rick Vaugh
expressed Mr. Vaughn's concern regarding the impact of this area if more development •
occurred.
There being no further testimony the public hearing was closed.
6.A.5. Consider public testimony regarding an application filed by the Julian Marie
Roy Trust to rezone 9.09 acres of land, more or less, from District LI (Light Industrial) to
District C-1a (General Commercial-Limited) Jim Stendebach, Planning Director made the
staff presentation. This property was annexed and zoned for industrial use in 1984. The
Planning and Zoning Commission unanimously recommended approval of the proposed
zoning change at its November 2, 2005, meeting with the following conditions: (1) that the
City Council approve the amended Future Land Use Map designating this property for
commercial use, and (2) that the City Council adopt the proposed C-1a (General
Commercial - Limited) zoning district. Although the subject property is currently zoned LI
(Light Industrial) and is designated for industrial uses on the Future Land Use Map •
contained in the General Plan, new developments in northeast Round Rock have altered the
market along Chandler Road such that commercial uses are now appropriate at this
location. This shift from industrial uses to commercial uses is reflected in the proposed
amendment to the General Plan Future Land Use Map. Because of the location of the
property and the market it is likely to attract, staff agrees with the applicant that the new C-
1a (General Commercial - Limited) zoning district is the right commercial district for the
tract.
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 •
pulled from the consent agenda.
*8.A.1. Consider an ordinance authorizing the placement of stop signs at various
intersections in the Eagle Ridge Subdivision, Section 14 Phases 1 21 3 4 & 5 (First
Reading)
*8.A.2. Consider an ordinance authorizing the placement of stop signs at various
intersections in the Shadow Pointe Subdivision Phases 1 & 2 (First Reading)
12. 3
DECEMBER 1, 2005
*9.D.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No 4 to the Agreement for Engineering Services with HDR Engineering Inc for
the final design of Red Bud Lane from US 79 to CR 123.
*9.E.1. Consider a resolution authorizing the Mayor to execute a grant agreement
with the Texas State Library &Archives Commission for a Texas Responds Grant.
• MOTION: Councilmember Rhode moved to approve all the items listed in the
consent agenda. Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
*8.A.1. Consider an ordinance authorizing the placement of stop signs at.various
intersections in the Eagle Ridge Subdivision, Section 14, Phases 1, 2, 3, 4 & 5. (First
Reading) This item was approved under the consent agenda. Stop signs will be placed at
the following locations. On Rams Horn Way at Eagles Nest Street,on Bull Horn Loop at
Rams Horn Way, on Longhorn Trail at Eagles Nest Street (West intersection), on Longhorn
• Trail at Eagles Nest Street (East intersection), on Short Horn Lane at Bull Horn Loop, on
Short Horn Cove at Short Horn Lane, on Short Horn Lane at Red Stage Place, on Red Stage
Place at Rams Horn Way, on Longhorn Trail at Rams Horn Way, on Rams Horn Way at
Longhorn Trail.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE EAGLE RIDGE SUBDIVISION, SECTION 14, PHASES 1-5 AS STOP
INTERSECTIONS: RAMS HORN WAY AT EAGLES NEST STREET, BULL HORN LOOP AT RAMS
HORN WAY, LONGHORN TRAIL AT EAGLES NEST STREET, SHORT HORN LANE AT BULL
HORN LOOP, SHORT HORN COVE AT SHORT HORN LANE, SHORT HORN LANE AT RED
STAGE PLACE, RED STAGE PLACE AT RAMS HORN WAY, LONGHORN TRAIL AT RAMS HORN
WAY, AND RAMS HORN WAY AT LONGHORN TRAIL; 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 Shadow Pointe Subdivision, Phases 1 & 2. (First Reading) This item was
approved under the consent a9enda. Stop signs will be placed at the following locations. On
• Henna Way at Double Creek Drive, on Henna Way at Clary Sage Loop, on Irish Moss Trail at
Clary Sage Loop (northbound and southbound), on Clary Sage Loop at Clary Sage Loop, on
Clary Sage Loop at Sundrop Place.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE SHADOW POINTE SUBDIVISION, PHASES 1 & 2 AS STOP
INTERSECTIONS: HENNA WAY AT DOUBLE CREEK DRIVE, HENNA WAY AT CLARY SAGE
LOOP, IRISH MOSS TRAIL AT CLARY SAGE LOOP, CLARY SAGE LOOP AT CLARY SAGE LOOP,
AND CLARY SAGE LOOP AT SUNDROP PLACE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
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DECEMBER 1, 2005
8.B.1. Consider an ordinance annexing 5.2993 acres of land out of the ASA Thomas
Survey. (The Fellowship Church at Forest Creek) (First Reading) Jim Stendebach, Planning
Director made the staff presentation. This 5.2993-acre tract of land is located at the
southwest corner of Gattis School Road and Westview Drive and part of the Westview
Addition Subdivision. The Fellowship Church at Forest Creek is on this site. In order for this
tract to receive City water services it is required that the tract be annexed into the city •
limits.
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 5.2993 ACRES OF LAND, OUT OF THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, 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 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
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.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
8.B.2. Consider an ordinance adopting original zoning of District PF-1 (Public
Facilities-Low Intensity) on 5.2993 acres of land. (The Fellowship Church at Forest Creek) •
(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 ZONE 5.2993 ACRES OF LAND, OUT OF THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS
DISTRICT PF-1 (PUBLIC FACILITIES-LOW INTENSITY).
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DECEMBER 1, 2005
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
• Nays: None
Absent: Mayor Maxwell
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. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
8.6.3. Consider an ordinance amending the Northeast Plan to include Phase 2.
(First Reading) Shannon Burk, Senior Planner made the staff presentation for this item
during the public hearing.
• ORDINANCE NO.
AN ORDINANCE AMENDING THE "NORTHEAST PLAN" FOR THE CITY OF ROUND ROCK
ADOPTED AUGUST 25, 2005, ORDINANCE NO. G-05-08-25-12C2 TO ADD PHASE TWO OF
THE "NORTHEAST PLAN"; TO PROVIDE A GUIDE FOR DETERMINING THE APPROPRIATE
ZONING DESIGNATIONS IN NORTHEASTERN ROUND ROCK; AND PROVIDING FOR A
SAVINGS CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS.
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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
MOTION: Councilmember...,Salinas moved to dispen,se,.with the second reading of the
• ordinance with the unanimous consent of all the Councilmembers present. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
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DECEMBER 1, 2005
8.13.4. Consider an ordinance amending the General Plan to modify the Future Land
Use Map with regard to the area north of Old Settlers Boulevard, west of FM 1460, south of
the City of Round Rock's extraterritorial jurisdiction boundary, and east of IH-35. (First
Reading) Shannon Burk, Senior Planner made the staff presentation for this item during the
public hearing.
.9
ORDINANCE NO. •
AN ORDINANCE AMENDING THE GENERAL PLAN OF THE CITY OF ROUND ROCK, TEXAS,
CODIFIED UNDER SECTION 11.107, CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, TO AMEND THE FUTURE LAND USE MAP; AND .PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
MOTION: Councilmember Rhode moved to dispense with the second reading of the
ordinance with the unanimous consent of all the Councilmembers present. Councilmember
Honeycutt seconded the motion. •
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
8.B.5. Consider an ordinance amending Chapter 11, Zoning, of the City of Round
Rock Code of Ordinances to add a C-1a (General Commercial-Limited) District. (First
Reading) Shannon Burk, Senior Planner made the staff presentation for this item during the
public hearing.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.401, 11.423 AND APPENDIX A,
AND ADDING SECTION 11.409.1 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, TO ESTABLISH THE C-1a (GENERAL COMMERCIAL - LIMITED) ZONING
DISTRICT; TO AMEND THE ESTABLISHED ZONING DISTRICTS; TO AMEND THE
STANDARDS FOR AUTO SERVICE FACILITIES, CAR WASH, EATING ESTABLISHMENTS,
MEDICAL OFFICE, PASSENGER TERMINAL, RETAIL SALES AND SERVICE, SINGLE-FAMILY
ATTACHED, SINGLE-FAMILY DETACHED, UPPER STORY RESIDENTIAL, AND VEHICLE
SALES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
rlY`
127
DECEMBER 1, 2005
Councilmember Salinas
Councilmember Rhode
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.
• Councilmember Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
8.6.6. Consider an ordinance adopting original zoning of District PUD (Planned Unit
Development) No. 66 on 3.165 acres of land, more or less, described as Lot 1, Block A,
Section 1, Round Rock Express Subdivision. (First Reading) Shannon Burk, Senior Planner
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 ZONE 3.165 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A.
HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS
.PLANNED UNIT DEVELOPMENT (PUD) NO. 66.
MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
MOTION: Councilmember Rhode moved to dispense with the second reading of the
ordinance with the unanimous consent of all the Councilmembers present. Councilmember
Clifford seconded the motion. ',l,
• VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
8.B.7. Consider an ordinance rezoning 9.09 acres of land, more or less, out of the
Ephraim Evans Survey from District LI (Light Industrial) to District C-la (General
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DECEMBER 1, 2005
Commercial-Limited). (First Reading) (Julian Marie Roy Trustj 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 9.09 ACRES OF LAND, OUT OF THE EPHRAIM EVANS •
SURVEY, ABSTRACT NO. 212, KNOWN AS LOTS 1A, 1B, 1C,.AND 1D OF THE AMENDED
RESUBDIVISION OF LOT 1, BLOCK B, OAKMONT CENTRE, SECTION 3, IN ROUND ROCK,
WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1a
(GENERAL COMMERCIAL-LIMITED.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
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. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt •
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
RESOLUTIONS:
9.A.1. Consider a resolution approving the 2005-2006 Operating Budget for the
Round Rock Transportation System Development Corporation. Cindy Demers, Finance
Director made the staff presentation. This budget is funded from a 1/2% sales tax
established for the purposes of providing transportation improvements. The Corporation
oversees those improvements with further approval of the City Council. This budget will
provide funding for debt service and administrative, financial, legal and engineering services
to the Transportation System Development Corporation. •
RESOLUTION NO.
WHEREAS, the Round Rock Transportation System Development Corporation has
submitted a proposed operating budget for fiscal year 2005-2006, and
WHEREAS, the City Council wishes to approve said proposal, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the operating budget submitted by and for the Round Rock Transportation
System Development Corporation for fiscal year 2005-2006, 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
129
DECEMBER 1, 2005
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 1st day of December 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
4C
9.B.1. Consider a resolution authorizing the Mayor to execute settlement documents
with Martin and Pamela Cirkiel for the purchase of right-of-way for the A.W. Grimes
Boulevard Proiect. This item was addressed earlier in the meeting.
9.B.2. Consider a resolution authorizing the Mayor to approve the payment of a
negotiated self-move request for A.T. Masonry, Parcel 10 of the US 79 Widening Project.
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 and Brenda Thomison through condemnation for the Highway 79
expansion project, and
WHEREAS, at the time of this purchase A.T. Masonry 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 Section 24 of the Code of Federal
Regulations (Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs, a/k/a 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 $120,400 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".
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.
• The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 1st day of December 2005.
MOTION: Councilmember Honeycutt moved to approve the resolution.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
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DECEMBER 1, 2005
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
9.C.1. Consider a resolution authorizing the Mayor to execute a Development
Agreement with Continental Homes of Texas, L.P. for the construction of channel
im rovements and the im lementation of a mitigation plan for the DrY Branch South Creek
Channel) Improvements Project. Tom Word, Chief of Public Works Operations made the
staff presentation. The Dry Branch Project will consist of widening approximately 4,000
linear feet of natural stream channel, construction of a low flow channel in approximately
2,540 linear feet of previously channelized stream channel, and implementation of a
mitigation plan concurrently with construction and operation of the Dry Branch project to
offset adverse impacts to waters of the U.S. This project includes the construction of
approximately 6,540 linear feet of Dry Branch tributary to correct problems of bed scour
and bank stability, as well as to address concerns of public safety associated with flooding.
The Dry Branch Project will impact 2.24 acres of waters so the City will secure a permit from
the Corps of Engineers who has jurisdiction over the Dry Branch project. The City is
constructing the channel modifications on approximately 4,160 linear feet and D.R. Horton,
the developer of the Turtle Creek subdivision, is constructing channel modifications on •
approximately 2,380 linear feet of the channel. Because the City is the only applicant for
the permit, this Developer Agreement with D.R. Horton is to ensure the permitted activities
for this project are completed by both parties in a timely manner. The City discussed the
proposed project with several residents in the South Creek subdivision. A neighborhood
meeting will be conducted prior to the commencement of construction for residents whose
property is adjacent to the Dry Branch.
RESOLUTION NO.
WHEREAS, the City of Round Rock ("City") is undertaking the construction of
approximately 4,160 linear feet of Dry Branch tributary channel improvements to correct
problems of bed scour and bank stability, as well as to address concerns of public safety
associated with flooding; and
WHEREAS, Continental Homes of Texas, L.P. d/b/a D.R. Horton ("Developer") is also
constructing channel modifications on approximately 2,380 linear feet of the same channel
for a total of 6,540 linear feet of improvements for the Dry Branch Project ("Project"); and
WHEREAS, this Project will impact 2.24 acres of waters of the United States and, as •
a result, the City has undertaken to secure a Section 404 permit ("Permit") from the Corps
of Engineers having jurisdiction over the Project; and
WHEREAS, the City is the only applicant for the Permit and therefore the City needs
to ensure that all work performed on the Project is completed timely and under the terms
and conditions set forth in the Permit; and
WHEREAS, the Developer desires to enter into a Development Agreement to assure
that the Project is constructed in a timely manner and in accordance with the terms and
conditions set forth in the Permit, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Development Agreement with Continental Homes of Texas, L.P., 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
131
DECEMBER 1, 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 1St day of December 2005.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Clifford seconded the motion.
• VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
*9.D.1. Consider a resolution authorizing the Mavor to execute Supplemental
Agreement No. 4 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.• 4 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. 4
with HDR Engineering, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Agreement No. 4 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 1st day of December, 2005.
*9.E.1. Consider a resolution authorizing the Mayor to execute a grant agreement
with the Texas State Library &Archives Commission for a Texas Responds Grant. This item
was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the Texas State Library & Archives Commission has grant funds available
• through the Texas Responds Grant, and
WHEREAS, the City Council wishes to enter into a Texas Responds Grant Agreement
for the available grant funds for three laptops for the library, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Texas Responds Grant 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 1st day of December, 2005.
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DECEMBER 1, 2005
9.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract
No. 1 to the Contract for Engineering Services with Camp Dresser & McKee, Inc. for the
Westinghouse Road Tank Improvements. Tom Clark, Director of Utilities made the staff
presentation. The Westinghouse Road 100,000 gallon Water Tank has settled causing the
tank to lean. The initial contract with CDM was to design a correction for the tanks
foundation problem. These wells and tank site were built in 1971 and the well pumps and
controls are in need of major rehabilitation to continue the reliable operation of the site. In
addition to the rehabilitation, the improvements will increase the capacity of the site by
approximately 144,000 gallons per day. A capacity evaluation of the site was performed by
R.W. Harden Associates under separate agreement showing the water capacity of the site
can be increased with rehabilitation of the existing pumps and related equipment.
Additionally, the tank is scheduled to be sandblasted and painted under the Utility CIP
schedule. This Supplemental Contract will include the design of tank painting, structural
repairs to the tank, and design of two new well pumps, site piping upgrades, electrical, and
instrumentation improvements to rehabilitate the site at a cost of $82,10.0.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into an Agreement for
Engineering Services with Camp Dresser and McKee, Inc. for the design of the
Westinghouse Road Tank Improvements, and
WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement
No. 1 to the Agreement for Engineering Services for a change in the scope of services, and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1
with Camp Dresser and McKee, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Agreement No. 1 to the Agreement for Engineering Services with Camp
Dresser and McKee, Inc., a copy of .same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 1st day of December, 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
9.F.2. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Carter & Burgess, Inc. for the design of the East Water
Transmission Line, Phase 3B-1 Improvements. Tom Clark, Director of Utilities made the
staff presentation. The East Water Transmission Line, Phase 3B-1 Improvements will
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DECEMBER 1, 2005
construct 16,900 feet of 36" Water Line from FM 1460 east along CR 112 to CR 117, then
South on CR 117 to Kiphen Road. This line is needed to deliver Water to Paloma MUD and to
meet future water demands in the east and southeast areas of Round Rock. The City
received Request for Proposals from 13 engineering firms. After thorough review by a 4-
person committee, it was recommended that Carter& Burgess be awarded this contract.
• The total estimated cost of the project is $4,971,881.00 and Paloma MUD will pay
$491,191.90.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for the
design of the East Water Transmission Line, Phase 3B-1 Improvements, and
WHEREAS, Carter & Burgess, Inc. has submitted a .Contract for Engineering Services
to provide said services, and
WHEREAS, the City Council-desires to enter into said contract with Carter & Burgess,
Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Contract for Engineering Services with Carter & Burgess, Inc. for the design of the East
Water Transmission Line, Phase 3B-1 Improvements, a copy of said contract being attached
hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
• RESOLVED this 1st day of December, 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
Nays: None
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
9.F.3. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with HDR Engineering. Inc. for the design of the East Water
Transmission Line, Phase 3B-2 Improvements. Tom Clark, Director of Utilities made the
staff presentation. The East Water Transmission Line, Phase 3B-2 Improvements will
construct approximately 5,400 feet of 36" Water Line along County Road 122 from Kiphen
• Road to Highway 79. This water line is needed to meet current and future water demands
in the east and southeast areas of the City and is a part of the Water Distribution Master
Plan dated August 2004. Total estimated cost of the project is $3,142,478.00. The City
received Request for Proposals from 13 engineering firms and after a thorough review of the
proposals by the committee it was recommended that HDR Engineering be awarded the
contract for this project at the cost of $299,338.00.
RESOLUTION NO.
134
DECEMBER 1, 2005
WHEREAS, the City of Round Rock desires to retain engineering services for the
design of the East Water Transmission Line, Phase 3B-2 Improvements, 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 design of the East
Water Transmission Line, Phase 3B-2 Improvements, a copy of said contract being attached
hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 1st day of December 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
Nays: None-
Absent: Mayor Maxwell
ACTION: The motion carried unanimously.
9.F.4. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with HDR Engineering. Inc. for the Preliminary Engineering Report for
the Cedar Park/Round Rock/LCRA Regional Water System Improvements. This item was
addressed earlier in the meeting.
9.F.5. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement Regarding the Design of New Hope Regional Waterline with the City of Cedar
Park and the Lower Colorado River Authority. This item was addressed earlier in the
meeting.
COUNCIL COMMENTS: None
EXECUTIVE SESSION:
11.A. Executive Session as authorized by 8551.072 Government Code, related to
the settlement agreement with Martin and Pamela Cirkiel for the purchase of right-of-way
for the A.W. Grimes Boulevard Project. This item was addressed earlier in the meeting.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:10 p.m.
R ,pectfullyS�u�bm, it d,
Christine R. Martinez, City Secretary
135-
DECEMBER 15, 2005
The Round Rock City Council met Regular Session on Thursday, December 15, 2005,
in the City Council Chamber, 221 E. Main Street.
a .:,. :
CALL REGULAR SESSION TO ORDER - 7:00"P.K.-
PLEDGE OF ALLEGIANCE:
Mayor Maxwell asked Boy Scout Troop No. 27 to lead the Pledge of Allegiance.
• ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan
McGraw arrived at item 9C3, 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
PRESENTATIONS:
S.A.I. Consider a presentation regarding current status of the Development Review
Committee progress. Jim Nuse, City Manager gave a brief history regarding the City's
Development Review and purpose of the committee. He added that the Chamber of
Commerce organized a Development Review Committee as a follow-up to the Development
Process Survey conducted in March. The Committee has members from all aspects of
development including owners, developers, architects, engineers and City staff
• representatives. The Committee has met for the last several months to discuss the results
of the survey and other opportunities for improvement in the development process. The
committee organized into three working groups: Policy, Process, & Communication/
Customer Service. This report is to update the City Council on the progress and
accomplishments of the Committee.
Jon Sloan made the presentation regarding the Timeline of Activity.
Blake Magee made the presentation regarding the Policy Subcommittee.
Bob Wunsch made the presentation regarding the Process Issue Subcommittee.
John Moman made the presentation regarding the Communication/Customer Service
Issues Subcommittee.
Joe Vining summarized the presentations and noted that a recommendation would be
provided to the Council when a good solution has been finalized.
5.11.1. Consider a presentation on the City's Executive Development Program, Jim
Nuse, City Manager made the staff presentation. Recognizing the need to mentor and
encourage promising leaders in the organization, an Executive Development Program was
established. Initially designed by Alysha Girard based on other successful programs in the
state, the City's program included four candidates and four mentors. The candidates met 3-
4 times a month over a ten-month period, visiting departments and reading and discussing
books about leadership. Departmental visits included discussions on challenges facing the
departments in addition to presentations on the function of each department. Candidates
136
DECEMBER 15, 2005
also attended Friday morning Mayor Briefings and Department Head meetings as well as
Council and Department Head staff retreats. The candidates were involved in other outside
activities, such as the Police Ride-Along program.
Mayor Maxwell presented the graduates with a plaque that states "the graduate has
successfully completed the Executive Development Program, which promotes leadership and
excellence while exposing promising professionals to executive-level responsibilities and
overall City operations."The first graduates for this program are Alysha Girard, Rick White,
Rick Atkins, and David Smith. Mentors included Dale Ricklefs, Jim Stendebach, Tom Clark
and Joe Vining.
5.B.2. Consider a oresentation on TML and Risk Manager's Liability Insurance Equity,
Return. Hassan Farhat, Safety/Risk Manager introduced Linda Dunbar of the Texas
Municipal League. Ms. Dunbar thanked the Council and staff for their successful efforts in
controlling losses. She added that based on the City's 43.00% loss ratio, the City was
eligible to receive an equity return of$42,173 from the Liability Fund. This return is in
keeping with the Pool's long-standing policy of sharing the benefits of favorable financial
results with its members.
6.A.1. Consider public testimony regarding the 2004-2005 Consolidated Annual
Performance Evaluation Report (CAPER). Mona Ryan, Community Development Coordinator
made the staff presentation. The CAPER is a performance report on how the City used
Community Development Block Grant funds during the year. This report is required by the
Department of Housing and Urban.Development and is due at HUD by the end of the
calendar year. The report (1) provides accountability to the public by describing successes
in meeting objectives stipulated in the Five,Year Consolidated Plan; (2) provides
information necessary for HUD's Annual Report.to Congress; and (3) provides necessary
information for HUD to meet its statutory requirement to assess Round Rock's ability to
carry out relevant programs in compliance with all applicable rules and regulations. The .
public comment period for this report was November 21 through December 9, 2005. A
public notice appeared in the Round Rock Leader.on November 10, 2005.
Mayor Maxwell opened the public hearing. There being no testimony, the public
hearing was closed.
7. 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.1. Consider an ordinance authorizing the placement of stop signs at various
intersections in the Eagle Ridge Subdivision Section 14 Phases 1 2 3 4 & 5 (Second
Reading)
hT
137,
DECEMBER 15, 2005
*8.A.2. Consider an ordinance authorizing the placement of stop signs at various
intersections in the Shadow Pointe Subdivision, Phases-1 & 2. (Second Reading)
*9.A.1. Consider a resolution authorizing the Mayor to execute Change Order No.-2
to the Contract with H. Deck Construction Co. for the Round Rock West Street
Improvements Project.
• *9.B.1. Consider a resolution authorizing the Mayor to execute the necessar ry grant
application to the Texas State Library &Archives Commission for a Lone Star Library Grant.
*9.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for
Sale of Bulk Mulch with WKP Enterprises dba Austin Landscape Supplies.
*9.F.4. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Round Rock Housing Authority for low income
housing program activities for $1,500.
*9.F.5. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Round Rock Housing Authorityfor playground
improvements at the Lance Haven facility for $4,000.
MOTION: Councilmember Honeycutt moved to approve all the items on the consent
agenda. Councilmember Rhode seconded the motion.
• VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION:,;, he motion carried unanimously.
*8.A.1. Consider an ordinance authorizing the placement of stop signs at various
intersections in the Eagle Ridge Subdivision, Section 14, Phases 1, 2, 3, 4 & 5. (Second
Reading) This item was approved under the consent agenda. Stop signs will be located on
Rams Horn Way at Eagles Nest Street, Bull Horn Loop at Rams Horn Way, Longhorn Trail at
Eagles Nest Street (West intersection), Longhorn Trail at Eagles Nest Street (East
intersection), Short Horn Lane at Bull Horn Loop, Short Horn Cove at Short Horn Lane, and
Short Horn Lane at Red Stage Place, Red Stage Place at Rams Horn Way, Longhorn Trail at
Rams Horn Way, and Rams Horn Way at Longhorn Trail. !,
• ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE EAGLE RIDGE SUBDIVISION, SECTION 14, PHASES 1-5 AS STOP
INTERSECTIONS: RAMS HORN WAY AT EAGLES NEST STREET, BULL HORN LOOP AT RAMS
HORN WAY, LONGHORN TRAIL AT EAGLES NEST STREET, SHORT HORN LANE AT BULL
HORN LOOP, SHORT HORN COVE AT SHORT HORN LANE, SHORT HORN LANE AT RED
STAGE PLACE, RED STAGE PLACE AT RAMS HORN WAY, LONGHORN TRAIL AT RAMS HORN
WAY, AND RAMS HORN WAY AT LONGHORN TRAIL; 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 Shadow Pointe Subdivision, Phases 1 & 2. (Second Reading) This item
133
DECEMBER 15, 2005
was approved under the consent agenda. Stop signs will be located Henna Way at Double
Creek Drive, Henna Way at Clary Sage Loop, Irish Moss Trail at Clary Sage Loop
(northbound and southbound), Clary Sage Loop at Clary Sage Loop, Clary Sage Loop at
Sundrop Place.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE SHADOW POINTE SUBDIVISION, PHASES 1 & 2 AS STOP
INTERSECTIONS: HENNA WAY AT DOUBLE CREEK DRIVE, HENNA WAY AT CLARY SAGE
LOOP, IRISH MOSS TRAIL AT CLARY SAGE LOOP, CLARY SAGE LOOP AT CLARY SAGE LOOP,
AND CLARY SAGE LOOP AT SUNDROP PLACE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
8.B.1. Consider an ordinance denying Atmos Energy Corporations request for the
Gas Reliability Infrastructure Program (GRIP) Adjustment within the City of Round Rock.
(First Reading) David Kautz Assistant City Manager made the staff presentation. On
September 19, 2005, Atmos Energy filed its 2004 Gas Reliability Infrastructure Program
RIP filing with the Cit and other cities in the service area. The rate increase would
(GRIP) 9 Y
generate $22.75 million from customers with residential customers paying an additional 29
cents per month and commercial customers an additional 97 cents. The 2004 adjustment
is in addition to the surcharge for 2003 of a similar amount. The City suspended the rate
increase request until January 2, 2006 to allow time to obtain more information. After
researching the issue, the City's consultants have determined that the GRIP adjustments
are not appropriate and recommended that the increase be denied. It is expected the rate
increase will be appealed to the Texas Railroad Commission 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 FOR CALENDAR YEAR 2004 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 Clifford moved to adopt the ordinance. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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 Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
$q.t
139..
DECEMBER 15, 2005
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
*9.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2
to the Contract with H. Deck Construction Co. for the Round Rock West Street
Improvements Project. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract
("Contract") with H. Deck Construction for the Round Rock West Street Improvements
Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, ,equipment, or supplies to be provided, and
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No. 2, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Contract Change Order No. 2 to the Contract with H. Deck Construction for the Round Rock
West Street Improvements Project, a copy of said change order being attached hereto as
Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the-public as required ..by .law. at.all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December, 2005.
*9.B.1. Consider a resolution authorizing the Mayor to execute a grant agreement
with the Texas State Library &Archives Commission for a Lone Star Library Grant. This
item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the Texas-State Library & Archives Commission has grant funds available
through the Loan Star Library Grant, and
WHEREAS, the City Council wishes to enter into a Lone Star Libraries Grant
Agreement for the available grant funds for improvements to the library system, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Lone Star Libraries Grant 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 15th day pf..December 2005.
9.C.1. Consider a resolution authorizing the Mayor to execute a System Water
Availability Agreement for Colorado River Basin Water with the Brazos River Authority. This
item was withdrawn from the agenda at the request of staff.
9.C.2. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement for Rehabilitation of Wastewater Collection Lines with the Lower Colorado River
Authority. Tom Clark, Utilities Director made the staff presentation. The City is required to
inspect, repair, and,certify that its wastewater collection system is in compliance with the
Texas Commission on Environmental Quality's Edwards Aquifer Recharge Zone Protection
14 0.
DECEMBER 150 2005
Program. LCRA owns and operates a series of regional wastewater collection lines leading to
the two wastewater treatment plants located within the City. The City has been performing
cleaning, inspection, and rehabilitation services to its own lines and to some of the
LCRA-owned lines since the inception of the Edwards Aquifer Recharge Zone Protection
Program. The elimination of defects reduce inflow and infiltration entering the sewer
system, thereby reducing the City's treatment cost to the LCRA and BRA, who own and
operate the Brushy Creek Regional Wastewater Treatment Plant and regional collection
lines. This interlocal agreement authorizes the City to inspect and rehabilitate the regional
wastewater collection system located in the City on behalf of the LCRA, and formalizes the
performance and payment duties of both parties for previous as well as future work
performed.
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
Rehabilitation of Wastewater Collection Lines with the Lower Colorado River Authority, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That subject to approval of the Agreement by the Lower Colorado River Authority the
Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Agreement for Rehabilitation of Wastewater Collection Lines with the Lower Colorado River
Authority, a copy of same being attached hereto as Exhibit"A" and incorporated herein for •
all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December 2005.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
Mayor Pro-tem McGraw arrived at this point in the meeting.
9.C.3. Consider a resolution authorizing the Mayor to execute a contract with Enviro •
Remediation Coatings Services, Inc. for the 2004-2005 Wastewater Collection System
Rehabilitation Project. Tom Clark, Director of Utilities made the staff presentation. The City
is required to inspect, repair, and certify that its wastewater collection system is in
compliance with the TCEQ's Edwards Aquifer Recharge Zone Protection Program. The
elimination of defects reduce inflow and infiltration entering the sewer system, thereby
reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy
Creek Regional Wastewater Treatment Plant. This contract is for rehabilitating the
DECEMBER 15, 2005 141.
wastewater collection system located over the Edwards Aquifer Recharge Zone, as well as
for the correction of wastewater lines in the non-Edwards areas which represent potential
public health and/or safety issues. A portion of the wastewater lines in this contract are
owned by the LCRA. Therefore, once an interlocal agreement is executed with the LCRA,
he will reimburse the.Cit 537 432.50 for their portion of the wastewater lines in this
they Y $
contract.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the 2004-2005
Wastewater Collection System Rehabilitation Project (Basins CC-37, EW01, OC28-Z, LC14 &
BC-01), and
WHEREAS, Enviro Remediation Coating Services, Inc. has submitted the lowest and
best bid, and ;:'.�,,
WHEREAS, the City Council wishes to accept the bid of Enviro Remediation Coating
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 2004-2005 Wastewater Collection System Rehabilitation Project (Basins CC-
37, EW01, OC28-Z, LC14 & BC-01).
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December 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
r Councilmember Rhode 4 ,
Mayor Maxwell
Nays: None .
ACTION: The motion carried unanimously.
*9.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for
Sale of Bulk Mulch with WKP Enternrises dba Austin Landscape Supplies. This item was
approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock ("City") desires to sell excess bulk mulch, and
WHEREAS, the City has issued its invitation to bid and has selected the offer to buy
submitted by WKP Enterprises dba Austin Landscape Supplies, and
WHEREAS, the City Council,desires to enter into an Agreement for Sale of Bulk Mulch
with WKP Enterprises dba Austin Landscape Supplies,-Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Sale of Bulk Mulch with WKP Enterprises dba Austin Landscape Supplies, a
copy of same being attached hereto as Exhibit"'Am and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December 2005.
9.E.1. Consider a resolution authorizing the Mayor to execute a Property Tax
Abatement Agreement with Toopan Photomasks, Inc. Joe Vining, Executive Director of
14 2.
DECEMBER 15, 2005
Community Development made the staff presentation. Toppan Photomasks, Inc. (formerly
Dupont Photomasks) is located in'Reinvestment Zone No. 19A. Toppan Photomasks will
make a $30 million investment in new technology at their world headquarters site in Round
Rock. This will be the third tax abatement agreement with this company.
RESOLUTION NO.
WHEREAS, the City Council, on the 13th day of September, 2001, in Ordinance No.
G-01-09-13-14D1; created Reinvestment Zone No. 19A in the City of Round Rock, Texas,
and
WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City
desires to enter into a tax abatement agreement with Toppan Photomasks, Inc., regarding
property located in Reinvestment Zone No. 19A, and
WHEREAS, the Council has determined that all requirements of the guidelines and
criteria adopted by Ordinance No. G-04-02-26-7B1 have been complied with, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Tax Abatement Agreement with Toppan Photomasks, Inc., a copy of said agreement being
attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended. `
RESOLVED this 15th day of December 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.
9.E.2. Consider a resolution extending the program for license agreements to allow
the placement of "Open House" signs in certain city-owned rights-of-way. Jim Nuse, City
Manager made the staff presentation. The current sign ordinance is strictly enforced. No
signs are permitted in the City owned rights-of-way, except the new-home kiosk. Members
of the Real Estate Committee approached the City to request that Open House' signs be
permitted under the sign ordinance. The realtors believe that, due to the slow economy,
limited access to the rights-of-way are necessary for re-sales to compete with new homes.
In response to the Real Estate Committee's request, the Council approved a resolution that
established a temporary program that allows realtors and homeowners to place Open House
signs in specified locations in City rights-of-way for the sole purpose of directing prospective
buyers to existing homes offered for sale. This agreement not only has helped isolate the
bandit signs in the City but also reduce the number of bandit signs. The current resolution
expires December 31, 2005. This resolution extends the program and all license agreements
until December 31, 2006.
Councilmember Rhode inquired whether the real estate community/agencies have
provided measurements on the success of this program. He would like to know if this
r} - 143
DECEMBER 15, 2005
program has been effective in moving the huge inventory the real estate said was being
affected by the sign regulations. Staff will contact the Board of Directors and ask them to
poll their members regarding the program to see if it has been successful for the re-sales.
In addition, they will be asked to provide data that shows the program is a success.
RESOLUTION NO.
WHEREAS, the City of Round Rock ("City") prohibits the placement of signs in the
public rights-of-way, and
WHEREAS, the City recognizes that a need exists to direct prospective home buyers
to "Open Houses" for existing homes offered for sale within the City, and
WHEREAS, on June 24, 2004 by Resolution No. R-04-06-24-17E3, the City
established a temporary program whereby realtors and homeowners were allowed to place
Open House signs in specified locations in City, rights-of-way for the sole purpose of
directing prospective buyers to existing homes offered for sale, and
WHEREAS, on December 2, 2004 by Resolution No. R-04-12-02-9F1, the Council
extended the temporary program until December 31, 2005, and
WHEREAS, the Council wishes to again extend the temporary program, and
WHEREAS, City staff has developed a License Agreement for Open House Signs in
City Rights-of-Way, which the Council wishes to approve, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That there is hereby established a program whereby realtors and. homeowners may
place Open House signs in specified locations in City rights-of-way for the sole purpose of
directing prospective buyers to existing homes offered for,sale, and
IT IS FURTHER RESOLVED
That the City Manager or his designee is hereby authorized and directed to execute
on behalf of the City the approved license agreement forms for Open House signs with
realtors and homeowners, a copy of same being attached hereto as Exhibit "A", and
incorporated herein for all purposes.
IT IS FURTHER RESOLVED
That unless specifically extended by the City Council, this program and all license
agreements entered into hereunder, shall expire on December 31, 2006.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required,by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED,,this 15th day of December, 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.
9.E.3. Consider a resolution waiving fees for houses constructed by Habitat for
Humanity. Jim Nuse, City Manager made the staff presentation. Habitat for Humanity is a
• national organization with local affiliates made up of the City's friends and neighbors. They
help to provide housing one family at a time through hard work, donation, and sweat
equity. The local affiliates have completed one house in Round Rock. They have requested
the waiver of impact fees over the coming year for up to four houses. The amount of the
fees, if the lot was platted prior to 2005 would be $4,397 and the lot was platted after 2005
the fee would be $6,030. The local affiliate qualifies for SHOP Funding (Self-Help
144
DECEMBER 15, 2005
Homeownership Opportunity Program) and can request reimbursement for the type of
infrastructure they are seeking.
An impact fee waiver requires "substantial economic benefit" to the community. He
added that the issue is not whether Habitat for Humanity is a worthy cause or if they
provide a substantial good to the community. The question is, "What role will Round Rock
take regarding affordable housing?" If the Council desires to provide assistance then how
much is allocated; to whom; and funded by which source, General Operations or the Utility.
Affordable housing helps support a local workforce, which is an economic benefit.
This benefit can be provided by several methods. If funding is through social service
funding, the funding will need to be budgeted and a contract for service will need to be
prepared.
Mr. Nuse recommended that the Mayor be authorized to execute the agreement
reflecting up to four houses over one year and that Habitat apply for reimbursement from
the SHOP funds and if funding is received from SHOP to reimburse the City for the fees
waived. This recommendation is made because of the following:
• Habitat for Humanity will be a good steward of this resource.
• There is an opportunity for reimbursement of those funds through the SHOP
funding.
• The Greater Austin Homebuilders Association has endorsed the Habitat Program
and supports the use of the impact funds.
Harry Savio, Executive Vice President of the Home Builders Association of Greater
Austin relayed that the Home Builders Association supports the decision of the City to waive
the fees for four or five homes in Round Rock over the next one to two years.
Mayor Pro-tem McGraw stated that Habitat for Humanity is an excellent organization
and has no concern with the organization but does have a concern on the funding source
and of the determination that four houses is a substantial economic benefit. He gave
examples of other funding avenues for the request. The Council discussed Mayor Pro-tem
McGraw's concern.
RESOLUTION NO.
WHEREAS, the City of Round Rock has, in accordance with Chapter 395, Local
Government Code, V.A.T.S., adopted water and wastewater impact fees to pay a portion of
the cost of constructing capital improvements or facility expansions necessary to serve new
development with water and wastewater service; and •
WHEREAS, §10.204(10)(e) Code of Ordinances (1995 Edition) provides that the
Council by ordinance or resolution may waive or reduce the impact fees for certain classes
of development if there is a finding that the proposed waiver or reduction would result in
substantial economic benefit to the City; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT:
(1) Pursuant to §10.204(10)(e) Code of Ordinances (1995 Edition), the Council
hereby determines and finds that waiving the water and wastewater impact fees for single
family residences constructed by Habitat for Humanity will result in a substantial economic
benefit to the City;
(2) The water and wastewater impact fees adopted in §10.204 Code of Ordinances
(1995 Edition) are hereby waived for Habitat for Humanity;
(3) The building permit fee, the water meter fee and the water and sewer line
inspection fee shall be waived for Habitat for Humanity;
1 `f
145
DECEMBER 15, 2005,
(4) The aforesaid waiver of fees shall apply to no more than ten residential
structures; and
(5) This resolution and waiver of fees shall expire on December 31, 2007, unless
extended by action of the City Council prior thereto.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
• RESOLVED this 15th day of December 2005.
MOTION: Councilmember Honeycutt moved to approve the resolution with the
amendment of no more than four residential structures instead of ten and the waiver of fees
will expire December 31, 2006 instead of December 31, 2007 and that Habitat for Humanity
be required to submit a request to SHOP for reimbursement funding. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: Mayor Pro-tem McGraw
ACTION: The motion carried with 5 ayes and 1 nay.
9.E.4. Consider a resolution amending the Economic Development Program
Administration and Funding Agreement with the Round Rock Chamber of Commerce. This
• item was withdrawn from the agenda at the request of staff.
9.E.5. Consider a resolution approving certain infrastructure reimbursements in the
Behrens Ranch Public Improvement District. David Kautz, Assistant City Manager made the
staff presentation. The Behrens Ranch Public Improvement District (PID).was created in
April 2000. A PID is a defined area within the City or ETJ to provide additional services or
infrastructure in the defined area and paid for by specific assessments on property within
the PID. Infrastructure improvements were made by the Behrens Ranch developer for the
PID which includes Wyoming Springs Road, utility improvements and drainage
improvements. Assessments are being collected on various classes of properties in the PID
such as: open space (formerly proposed golf course), unplatted, platted and certificated
lots. Cash is being accumulated in anticipation of servicing debt on proposed developer
reimbursement bonds. The developer has requested a partial reimbursement in cash. The
PID infrastructure improvements are completed and the cost'is $550,000. There is enough
value on the ground to support the debt services. In addition, this action by the Council
does not obligate the City in any way.
RESOLUTION.N O.
A RESOLUTION APPROVING CERTAIN REIMBURSEMENTS FOR A PORTION OF BEHRENS
RANCH PID IMPROVEMENTS, PROVIDING A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, On April 27, 2000, the City Council adopted a Resolution which
authorized and approved the Creation of the Behrens Ranch Public Improvement District
(the "PID"), and
146
DECEMBER 15, 2005
WHEREAS, on December 21, 2000, the City Council adopted Resolution No. R-00-12-
21-9B1, which authorized the Mayor to execute a Development Agreement ("Development
Agreement") with Behrens Subdivision, Ltd. regarding the Behrens Ranch PID, and
WHEREAS, on February 8, 2001, in Ordinance No. G-01-02-08-8A9, the City Council
adopted an Ordinance Levying Assessments for the Cost of Certain Improvements (the
"Assessment Order") against real property within the PID, and
WHEREAS, on December 20, 2001, the City Council adopted a Resolution authorizing
the creation of an Escrow Agreement ("Escrow Agreement") establishing an Escrow Fund
Account ("Escrow Fund") in which PID assessments were to be held in trust solely for the
PID, and
WHEREAS, the PID has collected approximately $590,000 in assessments since •
January 31, 2002, and
WHEREAS, pursuant to the terms as stated in the Assessment Order, the Escrow
Agreement and the Development Agreement, the City desires to reimburse the Developer,
Behrens Subdivision N.G., Ltd., or its assigns, for a portion of the cost of certain PID
improvements,.Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
I.
That the Director of Finance is hereby authorized to reimburse to Behrens
Subdivision N.G., Ltd., or its assigns, the sum of FIVE HUNDRED FIFTY THOUSAND AND
NO/100 DOLLARS ($550,000.00), pursuant to Section 3 of the Escrow Agreement, Section 3
of the Development Agreement and Section 5 of the Assessment Plan included within the
Assessment Order.
II.
As a condition of said reimbursement, the City finds the following:
1) That the Developer has submitted a request for this reimbursement, said
request being attached hereto and incorporated herein as Exhibit"A";
2) No bonds have been issued at this time;
3) The City Engineer has determined that the cost of Wyoming Springs
Boulevard, a PID improvement, is in excess of $550,000; and
4) The $550,000 reimbursement does not affect or alter any of the rights, duties
and obligations as set forth in the Development Agreement or the Assessment
Order.
RESOLVED this 15th day of December, 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.
SUPPLEMENTAL AGENDA ITEM:
9.E.6. Consider a resolution authorizing the Mayor to execute an Agreement for the
Temporary Closure of State Right-of-Way, US 79 and FM 1460, with the Texas Department
of Transportation for the RunTex 10 and 20 Milers. Jim Nuse, City Manager made the staff
presentation. A Special Events Permit Application was received on August 5, 2005 for a
RunTex 20 and 10 Miler. After City Staff reviewed the application, the event was denied
due to the route exposing runners to traffic on U.S. 79. RunTex was required to either •
change their initial route submitted to include only City roads, or receive TxDOT approval for
their initial route (which included U.S. 79). RunTex chose to seek TxDOT approval to keep
their initial route. This event is scheduled for January 8, 2005 beginning at 7:00 a.m. and
ending at 1:30 p.m. Council approval is required for an Agreement with TxDOT for the
Temporary Closure of State ROW on U.S. 79 for a RunTex Special Event.
RESOLUTION NO.
14 7.
DECEMBER 15; 2005
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, RunTex, Inca has made a request to TxDOT that.a portion of US 79 from
County Road 122 to Harrell Parkway be closed on January 8, 2006 for the RunTexa 10/20
Miler, and WHEREAS, the City Council has determined that the Event will serve a legitimate
public purpose, and
WHEREAS, City Council wishes to enter into an Agreement for the Temporary Closure
of State Right-of -Way with TxDOT authorizing the closure of US 79 as set forth above, Now
Therefore
• BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the RunTex 10/20 Miler 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.
The"City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December 2005.
MOTION: Councilmember Honeycutt moved to approve the resolution authorizing
the Mayor to execute the agreement upon approval from TxDOT for the use of Highway 79
and not FM 1460. 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.
9.F.1. Consider a resolution consenting to the owner's request for the naming of a
private drive to `IKEA Way." Jim Stendebach, Planning Director made the staff
presentation. IKEA has requested the naming of a private drive within the East Chandler
Retail Center Plat (IKEA/Endeavor Plat) to IKEA Way. IKEA would like its official street
address to be assigned on IKEA Way. The adoption of an ordinance will officially name the
private drive and will allow the street to become eligible for 911 services. IKEA Way will
remain a private drive.
RESOLUTION NO.
WHEREAS, the owner of the private .drive shown on the attached Exhibit "A" has
requested that said private drive be named IKEA Way; and
WHEREAS, the City Councll„desires to consent to such,,,request; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
That consent is granted for the private drive shown on the attached Exhibit"A" to be
named "IKEA Way."
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December, 2005.
MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
148
DECEMBER 15, 2005
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.F.2. Consider a resolution directing the Planning Director to prepare a service
plan concerning the annexation of 496.084 acres of land out of the Joseph Marshall and P.A. •
Holder Surveys. (Harris/Bison/ Telander/Keller/Krienke/Elrod/Reid Tract) Jim Stendebach,
Planning Director made the staff presentation. The tract of land known as
Harris/Bison/Telander/Keller/Krienke/Elrod/Reid Tract is a total of 496.084 acres located on
the south side of US HWY 79 directly west of the LCRA Wastewater Treatment Plant. It is
adjacent to single family residential development and a mixed-use planned unit
development to the south. It is the city's desire to annex this tract in order to control the
development along this portion of US HWY 79, which is considered a major east/west
corridor into the city. These tracts of land are located within the City of Round Rock's ETJ
and Williamson County. Two public hearings are scheduled to be held on Thursday, January
26, 2006 and Monday, January 30, 2006.
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 =icipal
' Planning Director to prepare a service plan that provides for the
extension of full 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 area proposed
for annexation, said property being further described in Exhibit "A" attached hereto and
incorporated herein for all purposes:
(1) Harris/Bison/Telander/Keller/Krienke/Elrod/Reid Tract (496.084 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 15th day of December 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.
9.F.3. Consider a resolution to adopt Minor Home Repair Program Policies and
Procedures under the Community Development Block Grant Rehabilitation Program Mona
Ryan, Community Development Coordinator made the staff presentation.The Minor Home
Repair Program is a Community Development Block Grant rehabilitation program available
149
DECEMBER 15, 2005
to income eligible homeowners of Round Rock. Because of liability, it is important that
policies are formally adopted by City Council. This document has been reviewed and
recommended for adoption by the Community Development Advisory Commission at their
January 6, 2005 meeting.
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 Minor Home Repair Program is a Community. Development Block
Grant rehabilitation program available to income eligible homeowners in Round Rock, and
WHEREAS, the City Council wishes to ,adopt the Minor Home Repair Program Policies
and Procedures, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That Minor Home Repair Program Policies and Procedures, attached hereto as Exhibit
"A" and incorporated herein for all purposes; are 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 15th day of December 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.
*9.F.4. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Round Rock Housing Authority for low income
housing program activities for $1,500. 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 Agreement with the Round Rock Housing Authority for low income housing program
activities, Now Therefore
BE IT RESOLVED BY THE 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
low income housing program activities, 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 15th day of December, 2005
*9.F.5. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Round Rock Housing Authority for playground
150
DECEMBER 15, 2005
improvements at the Lance Haven facility for $4,000. 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 Agreement with the Round Rock Housing Authority for playground improvements at
the Lance Haven facility, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant Agreement with the Round Rock Housing Authority for
playground improvements at the Lance Haven facility, a copy of said agreement being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Councilhereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 15th day of December, 2005.
COUNCIL COMMENTS: None
EXECUTIVE SESSION:
11.A. Executive Session as authorized bY &551.072 Government Code related to
an offer of the owner of Forest Creek Country Club to sell same to the City. The Council
recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the •
Executive Session to order at 9:25 p.m. and adjourned at 9:50 p.m. The Council returned to
the City Council Chamber for adjournment with no discussion or action occurring.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:51 p.m.
Respectfully Submitted,
C ristine R. Martinez, City Secretary
151.
DECEMBER 28, 2005
Members of the Round Rock City Council met in a Special Called Session on
Wednesday, December 28, 2005 at 7:30 a.m. in the City Council Chamber, 221 E. Main
Street.
Councilmember Joe Clifford chaired the meeting in the absence of Mayor Maxwell and
Mayor Pro-tem McGraw.
• ROLL CALL: Those members present were Councilmember Rufus Honeycutt,
Councilmember Joe Clifford, and Councilmember Carlos T. Salinas. Mayor Nyle Maxwell,
Mayor Pro-tem Alan McGraw, and Councilmember Scott Rhode were absent. Also present
were City Manager Jim Nuse and City Attorney Steve Sheets.
CANVASS AND DECLARE THE RESULTS OF THE DECEMBER 17, 20'05 CITY COUNCIL
RUNOFF ELECTION FOR PLACE 6 OFFICIAL. The Council reviewed the results of the Runoff
Election for the unexpired term of Councilmember Place 6.
The results of the canvass are as follows:
Ted Williamson received 812 votes
Sharon Izzo received 511 votes
MOTION: Councilmember Honeycutt moved to declare the results of the December
17, 2005 Runoff Election official. Councilmember Salinas seconded the.motion.
• VOTE: Ayes: Councilmember Honeycutt
Councilmember Salinas
Councilmember Clifford
Nays: None
Absent: Mayor Maxwell
Mayor Pro-tem McGraw
Councilmember Rhode
ACTION: The motion carried unanimously.
Ted Williamson was elected as Councilmember Place 6.
ADJOURNMENT:
There being no further business the meeting adjourned at 7:36 a.m.
R p ctfull Submitte �/J
Christine R. Martinez, City Secretary
152
JANUARY 12, 2006
The Round Rock City Council met Regular Session on Thursday, January 12, 2006, in
the City Council Chamber, 221 E. Main Street.
CALL REGULAR SESSION TO ORDER - 7:04 P.M.
PLEDGE OF ALLEGIANCE
Mayor Maxwell asked Boy Scout Troop No. 27 and 145 to lead 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.
SWEAR IN NEWLY ELECTED COUNCILMEMBER FOR PLACE 6.
Ted Williamson was sworn into office by Williamson County Judge Ken Anderson,
277th District Court.
Councilmember Williamson thanked his family, friends, and citizens who supported
him in his effort for Place 6.
CITIZENS COMMUNICATIONS:
Melissa Garza, 500 E. Logan Street, expressed her concern regarding the traffic
problems on E. Logan Street. She stated that a traffic study was conducted by the city
which resulted in 7,454 vehicles traveled on E. Logan Street during a 24-hour period. Ms. •
Garza asked that more traffic related signs be placed along E. Logan Street.
PRESENTATIONS:
6.A.1. Consider a presentation regarding the Williamson County Regional Animal
Shelter.
David Kautz, Assistant City Manager introduced this item. He noted that the Animal
Shelter will be a County Department. Kathy Grimes, Assistant to Commissioner Frankie
Limmer and Larry Connolly, Architect for the project gave an update on the Williamson
County Regional Animal Shelter. Ms. Grimes gave an overview of the following:
• Proposed Business Plan
• Estimated Expenses
• Adoption Fees
• License Fees
• Other Revenue Sources
- Owner Surrender of animals
- Quarantine Fees
- Training
- Owner requested euthanasia
- Micro-chipping pets
- Fundraisers such as Pet Photo's
- Donations from animal supporters
Mr. Connolly gave a brief overview of the design for the facility and explanation of
the site plan.
153:
JANUARY 12, 2006
The Council discussed with Ms. Grimes and Mr. Connolly the proposed expenditures
and revenues and design of the facility.
6.A.2. Consider a presentation regarding the City's 10-Year Comprehensive
Operational Plan. Will Hampton, Communications Director made the staff presentation. He
ave an update on the 10-Year Comprehensive Operational Plan that will be resented to
9 P P P P
• the public at Open Houses in January. Staff has been working on the 10-Year Plan for the
last several months because in two years, if no changes are made in department spending
patterns and if the City's revenue projections stay on track, the City"will face a deficit. The
public will be asked for their advice on the level of service the City provides to its customers
to help staff in long-range planning; will be showed features and costs of providing different
levels of service; and will be asked to fill out an "Advice Scorecard" to record their
preferences. The exercise will be focused on Seven (7) Core Services that compete for
General Fund dollars. Those=are:
- . Library Services
Maintain Order, Enforce Laws
- Provide Fire Response
Provide Emergency Medical Response
- Provide Open Space, Park Facilities
Provide Recreational Facilities, Activities
Provide Urban Infrastructure
About the Open Houses
• • All Open House meetings are on a come and go style event. There are no formal
oral presentations. So citizens can drop by anytime during hours listed
• Everyone who participates in an Open House will have their name entered in a
drawing to win a Family Membership to the Clay Madsen Recreation Center, a
Season Pass to the Rock n' River Family Aquatic Center.
10-Year Plan Open House meeting schedule
Regular meetings, 7:00 p.m. to 9:00 p.m.
• Tuesday, January 17 - Forest Creek Elementary
• Thursday, January 19 - Gattis Elementary
• Monday, January 23 - Round Rock High School
• Tuesday, January 24 - Bluebonnet Elementary
• Monday, January 30 - Old Town Elementary
• Tuesday, January 31 - First Baptist Church
Bonus meetings
• Thursday, February 2, 11:00 a.m. to 2:00 p.m. - Clay Madsen Recreation Center
• Saturday, February 4, 2:00 p.m. to 5:00 p.m. - Public Library
• Wednesday, February 8, Noon to 3:00 p.m. - Senior Center
• PUBLIC HEARINGS:
7.A.1. Consider public testimony regarding an application filed by the City of Round
Rock to adopt original zoning of District OS (Open Space) on 75.074 acres of land. (Wall
tractl Jim Stendebach, Planning and Community Development Department Director made
the staff presentation. This tract is located south of Kiphen Road and west of Old Settlers
Park. It was purchased by the City as an addition to the Old Settlers at Palm Valley Park in
July 2004. The Old Settlers Park Master Plan calls for the property to be used for an
extreme sports park, a multi-purpose practice complex (ball fields) and a dog park. The
154
JANUARY 12, 2006
Planning and Zoning Commission recommended approval of the zoning request at their
December 14, 2005, meeting.
Mayor Maxwell opened the public hearing. There being no testimony, the public
hearing was closed.
7.A.2. Consider public testimony regarding an application filed by Today PRA
Hickerson, L.P. to amend the driveway locations and phasing in PUD No. 56 (Planned Unit •
Development). (Randall's Town Centre) Jim Stendebach, Planning and Community
Development Department Director made the staff presentation. This tract is located south of
Gattis School Road and west of A.W. Grimes Boulevard. The applicant is requesting two
amendments to the PUD. The first amendment will change the permitted driveway access
to allow two driveways onto A.W. Grimes between the two end points of Town Centre Drive
instead of just one. Recent platting of the Randall's Town Centre Section 2, provided for
five lots. The applicant would like to have two driveways centered on the common lot lines.
The proposed alignment has been approved by the Director of Transportation Services and
does not impact the Transportation Impact Analysis.
The second amendment eliminates the need to construct the "Town Centre" portion
of the PUD prior to the final development of the townhouse portion of the PUD. The original
intent of this clause was to ensure that the Town Centre was constructed early in the
development of the PUD to act as an anchor for the rest of the development. However, the •
market has been slow to respond to this concept and the applicant is hopeful that the
additional townhouse units will help spur the development of the Town Centre area. The
Planning and Zoning Commission recommended approval of the proposed amendments at
their December 14, 2005, meeting.
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 TRK Investments,
LLC to rezone 4.384 acres of land from District LI (Light Industrial) to District PUD No. 67
(Planned Unit Development). Jim Stendebach, Planning and Community Development
Department Director made the staff presentation. This tract is located south of E. Lamar
Drive and Old Settlers Boulevard and is currently zoned industrial; its neighbors to the west
include a veterinarian office and a chiropractor's office. The applicant would like to develop •
similar uses on his property and is proposing a PUD for this tract that would be limited to
professional and medical offices. The PUD will include similar design standards as the
existing buildings to the west, such as masonry construction and monument signage. The
applicant contacted his neighbor to the east, Toppan Photomasks, to ensure that the
proposed non-industrial uses are compatible with Toppan's existing facility. Both the City
and Toppan are supportive of the proposed PUD as an appropriate fit to this stretch of Old
t` 155
JANUARY 12, 2006
Settlers Boulevard. The Planning and Zoning Commission recommended approval of the
proposed PUD at their December 14, 2005, meeting.
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 Alice Mae Adams
to rezone 0.3505 acres of land from District C-1 (General Commercial with Historic Overlay)
to District C-1 (General Commercial). (504 N. Mays) Jim Stendebach, Planning and
Community Development Department Director made the staff presentation. This tract is
located west of Mays Street and north of W. Milam Avenue. A Historic Overlay was added to
this C-1 (General Commercial) tract (504 N. Mays), also known as Adams Garage, in 1993.
This tract had a filling station with canopy, which was vacant, a building that houses the
business "TexAndwiches", and a motor court, which was used as housing. The canopy on the
front of the filling station was removed in 2003 and the filling station building was
demolished in 2004. The remaining buildings will be demolished in the near future. The
applicant requested the removal of the Historic Overlay from the entire site because the
historic integrity of this site is no longer intact and the buildings will no longer be on the
site. The Historic Preservation Commission recommended removal of the Historic Overlay in
June 2005.
• Mayor Maxwell opened the public hearing. There being no testimony, the public
hearing was closed.
7.A.5. Consider public testimony regarding an application filed by Spiro
Karamalegos to adopt original zoning of District C-1 (General Commercial) 6h 2.602 acres of
land. (501 Louis Henna Boulevard) Jim Stendebach, Planning and Community Development
Department Director. This tract is located south of Louis Henna Boulevard, west of
Greenlawn Boulevard and east of IH-35. The applicant previously applied for commercial
zoning in July 2003 and received a recommendation for approval from the Planning &
Zoning Commission. However, the application was withdrawn prior to the subsequent City
Council meeting. The Planning and Zoning Commission again recommended approval of the
zoning request at their December 14, 2005, meeting. The property is currently outside the
city limits but will be annexed prior to zoning.
• 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 November 22, 2005,
December 1, 2005, December 15, 2005 and December 28, 2005.
156
JANUARY 12, 2006
*11.A.1. Consider a resolution authorizing a property tax refund to WWRR Ltd for
2005 taxes in the amount of $561.55.
*11.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for
Purchase of Printing Services for 4-Color Program Booklets from Ginny's Printing
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 Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
9.A. Consider approval of the City Council minutes for November 22, 2005,
December 1, 2005, December 15, 2005 and December 28, 2005.
This item was approved under the consent agenda.
ORDINANCES:
10.A.1. Consider an ordinance amending Chapter 3, Section 3.1412 of the Round
Rock Code of Ordinances regarding the regulation of outdoor signs in the City's
extraterritorial jurisdiction. (First Reading) Jim Nuse, City Manager made the staff •
presentation. This ordinance will extend the City's sign regulations to that portion of the
City's ETJ that is located in the Brushy Creek MUD and that is located more than 150 feet
from the public right-of-way of RM 620. The sign regulations will be enforced in these areas
from February 1, 2006 through July 31, 2006.
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 approve the ordinance. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford •
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.B.1. Consider an ordinance annexing 75.074 acres of land out of the Willis
Donaho Survey. (Wall tract) (First Reading) Jim Stendebach, Planning Director made the
staff presentation for this item during the public hearing held earlier in the meeting.
ORDINANCE NO.
15. 7.
JANUARY 12, 2006
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 75.074 ACRES OF LAND OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY
AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA
SHALL BECOME A PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL
BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY
THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED;
PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
• MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
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 Salinas
• Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.B.2. Consider an ordinance adopting original zoning of District OS (Open Space
on 75.074 acres of land out of the Willis Donaho Survey. (Wall tract) (First Reading) Jim
Stendebach, Planning Director made the staff presentation for this item during the public
hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO ZONE 75.074 ACRES OF LAND OUT OF THE WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS
DISTRICT OS (OPEN SPACE).
MOTION: Councilmember Williamson moved :;to approve the ordinance.
• Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
158
JANUARY 12, 2006
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 Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode •
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.13.3. Consider an ordinance amending the driveway locations and phasing in PUD
No 56 (Planned Unit Development) (Randall's Town Centre) (First Reading) Jim
Stendebach, Planning Director made the staff presentation for this item during the public
hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. Z-02-01-24-8B1, ADOPTED BY THE CITY
COUNCIL OF ROUND ROCK, TEXAS, ON_JANUARY 24, 2002, BY AMENDING SECTION 10.3,
SECTION 10.3.4, EXHIBIT -C" AND EXHIBIT "D" OF PUD NO. 56, APPROVED BY THE CITY
COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt •
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
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 Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None •
ACTION: The motion carried unanimously.
10.B.4. Consider an ordinance rezoning 4.384 acres of land from District LI (Light
Industrial) to District PUD No. 67 Planned Unit Development). First Reading) Jim
Stendebach, Planning Director made the staff presentation for this item during the public
hearing held earlier in the meeting.
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
159
JANUARY 12, 2006
ZONING MAP, TO WIT: TO REZONE 4.384 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. 67.
MOTION: Councilmember Honeycutt moved to approve the ordinance.
Councilmember Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
• Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.B.5. Consider an ordinance rezoning 0.3505 acres of land from District C-1
• (General Commercial with Historic Overlay) to District C-1 (General Commercial). (504 N.
Mays) (First Reading) Jim Stendebach, Planning Director made the staff presentation for
this item during the public hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO REZONE 0.3505 ACRES OF LAND, OUT OF THE ANDERSON
ADDITION, KNOWN AS 504 N. MAYS, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
FROM DISTRICT C-1 (GENERAL COMMERCIAL WITH HISTORIC OVERLAY) TO DISTRICT C-1
(GENERAL COMMERCIAL).
MOTION: Councilmember Salinas moved to approve the ordinance. Mayor Pro-tem
PP Y
McGraw seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
• Councilmember Rhode
Councilmember Williamson
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
..•:1
160
JANUARY 12, 2006
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.6.6. Consider an ordinance annexing 2.602 acres of land out of the Socrates
Darling Survey. (501 Louis Henna Blvd.) (First Reading) Jim Stendebach, Planning Director
made the staff presentation for this item during the public hearing held earlier in the •
meeting.
ORDINANCE NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 2.602 ACRES OF LAND, OUT OF THE SOCRATES DARLING
SURVEY, ABSTRACT NO. 232, IN TRAVIS COUNTY, AND THE SOCRATES DARLING SURVEY,
ABSTRACT NO. 876, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN
WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS
HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY
AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES
NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Honeycutt moved to approve the ordinance.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford •
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.B.7. Consider an ordinance adopting original zoning of District C-1 (General •
Commercial) on 2.602 acres of land out of the Socrates Darling Survey. (501 Louis Henna
Boulevard) (First Reading) Jim Stendebach, Planning Director made the staff presentation
for this item during the public hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO ZONE 2.602 ACRES OF LAND, OUT OF THE SOCRATES DARLING
SURVEY, ABSTRACT NO. 232, IN TRAVIS COUNTY, AND THE SOCRATES DARLING SURVEY,
161
JANUARY 12, 2006
ABSTRACT NO. 876, AND THE MEMUCAN HUNT SURVEY,, ABSTRACT NO. 314, IN
WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL).
MOTION: Councilmember Salinas moved to approve the ordinance. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
• Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
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. CouncilmemberHoneycutt seconded the motion.
Councilmember
VOTE: Ayes: C Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
RESOLUTIONS:
• *11.A.1. Consider a resolution authorizing a property tax refund to WWRR, Ltd. for
2005 taxes in the amount of $561.55. 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, WWRR, Ltd. has made an overpayment or
erroneous payment of 2005 taxes in the amount of $561.55; 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 $561.55.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to .the public as required by law at all times during which this Resolution
and the subject matter hereof 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 January, 2006.
11.B.1. Consider a resolution amending the Economic Development Program
Administration and Funding Agreement with the Round Rock Chamber of Commerce. Jim
Nuse, City Manager made the staff presentation. On September 22, 2005, the City approved
an Economic Development Program Administration Agreement with the Round Rock
Chamber of Commerce. This item enhances that agreement with relatively minor operating
changes. The changes include augmenting the size of the oversight committee, clarifying
responsibilities of the committee and clarifying roles of personnel.
162
JANUARY 12, 2006
RESOLUTION NO.
WHEREAS, §380.001 Texas Local Government Code provides that a municipality may
establish a program to promote local economic development and to stimulate business and
commercialial activity in the municipality; and
WHEREAS, §380.001 also provides that the municipality may administer such
program by the use of municipal personnel and may contract with another entity for the
administration of a program; and
WHEREAS, the City of Round Rock ("City") and the Round Rock Chamber of
Commerce ("Chamber") wish to develop a program to promote economic development and
to stimulate business and commercial activity in the City; and •
WHEREAS, the City and the Chamber on September 22, 2005 previously entered into
an Economic Development Program Administration and Funding Agreement; and
WHEREAS, the City and the Chamber wish to amend the aforesaid September 22,
2005 Agreement to better reflect the duties of the Chamber and the relationship between
the City and the Chamber; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Amended Administration and Funding Agreement for the City of Round Rock Economic
Development Program with the Chamber, a copy of said agreement being attached hereto
as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, 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 January, 2006.
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 •
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
11.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for
the Temporary Closure of State Right-of-Way, U.S. 79, with the Texas Department of
Transportation for the annual Texas Road Rash Inline Skating Marathon. Rick Atkins, Parks
and Recreation Director made the staff presentation. The Texas Road Rash Inline Marathon
is the first ever Inline Marathon in the State of Texas. The first few years of the event have
been very successful and the participants have doubled in size to more than 160. This year
it is anticipated that this number will increase into the 200's. The Texas Road Rash has the
potential of being one of the key marathons in the Country. In fact, last year the Texas Road
Rash was ranked the 8th best inline marathon in North America (in only its 2nd year). The
goal of this event is to be one of the key marathons in the United States and help with the •
City's tourism efforts. As part of the marathon, Hwy 79 and CR 122 will be used and
approval is needed from the Texas Department of Transportation. A requirement of the
agreement is the approval of the event by the City Council.
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 right lane of US 79, westbound from CR 122 to Harrell Parkway
163.
JANUARY 12, 2006
be closed on March 26, 2006 from 5:00 o'clock a.m. to 1:00 o'clock p.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
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 12th day of January, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*11.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for
Purchase of Printing Services for 4-Color Program Booklets from Ginny's Printing. This item
was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for printing the Parks
and Recreation Department's Program Booklets, and
WHEREAS, Ginny's Printing has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Ginny's Printing, Now
Therefore
BE IT RESOLVED BY 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 Printing Services for 4-Color Program Booklets with Ginny's
Printing, 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 January, 2006.
COUNCIL COMMENTS: The Council welcomed Councilmember Williamson and
encouraged everyone to participate in the city's 10-Year Plan exercise.
ADJOURNMENT: There being no further business, the meeting adjourned at 9:07
p.m.
Respectfully Submitted,
Christine R. Martinez, City Secretary
164
JANUARY 26, 2006
The Round Rock City Council met Regular Session on Thursday, January 26, 2006, 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 Ted Williamson. Mayor Nyle Maxwell arrived during item 6.A.1.
and Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse and
City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS:
The following individuals spoke in favor of staff's recommendation to rename the
Allen R. Baca Senior Center to the Allen R. Baca Center for Senior and Community Activities.
Beth Carlile, 2612 Sinclair Street
Gloria Arroyo-Richardson, 2115 Bent Tree Court
Judson F. Parker, 1207 Creekview Drive
Don Forcier •
PROCLAMATIONS:
S.A. Consider proclaiming February 20-26. 2006 as Sertoma freedom Week. Mayor
Pro-tem McGraw read the following proclamation and presented to members of the Sertoma
Club.
WHEREAS, we believe that man was endowed by his Creator with certain inalienable
rights, and
WHEREAS, we believe among those rights is that of Freedom, and
WHEREAS, Sertoma International, a Civic Organization with the Motto "Service to
Mankind" 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 Round Rock Sertoma Club will carry out special Bill of Rights activities
at Round Rock Independent School District elementary schools during Freedom Week; and
WHEREAS, it seems proper and fitting to bestow official recognition to this patriotic
movement,
NOW, THEREFORE, We, the Round Rock City Council by virtue of the authority
vested upon us as Mayor and Councilmembers of the City of Round Rock, Texas, do hereby
designate the week of February 20 through February 26, 2006 as
"SERTOMA FREEDOM WEEK"
in the City of Round Rock and urge all citizens to support the objective of the Sertoma Club
and of Freedom Week. •
PROCLAIMED this 26th day of January 2006.
PUBLIC HEARINGS:
6.A.1. Consider public testimony regarding the proposed annexation of 496.084
acres of land out of the Joseph Marshall and P.A. Holder Surveys. (Harris/ Bison/Telander/
Keller/Krienke/Elrod/ Reid Tract) Jim Stendebach, Planning and Community Development
Director made the staff presentation. The tract of land known as Harris/Bison/Telander/
Keller/Krienke/Elrod Reid Tract is a total of 496.084 acres located on the south side of US
165.
JANUARY 26, 2006
HWY 79 directly west of the LCRA Wastewater Treatment Plant. It is adjacent to single
family residential development and a mixed use planned unit development to the south. It
is the city's desire to annex this tract in order to control the development along this portion
of US HWY 79, which is considered a major east/west corridor into the city. This area was
not previously annexed due to the lack of access to the tract. The City is working with
• Williamson County to extend Arterial "A" to the annexation tract and permit temporary
access from an at-grade crossing opposite Harrell Parkway. The new access will open the
tract for development.
Tom Word, Chief of Public Works Operations described where Arterial "A" would cross
Brushy Creek and the railroad to US 79. He added that the road would be built under the
railroad. A second public hearing will be held on January 30, 2006. On December 16, 2005,
written notices were sent by certified mail to the property owners of the proposed annexed
lands and to all public and private utility providers that could be affected.
Mayor Pro-tem McGraw opened the public hearing.
John Harris expressed his concern regarding the annexation and asked for more
details, plans and schedule for the annexation.
Doris Reid, 3309 Palm Valley Boulevard read a prepared statement of concern signed
• by Pat W. Bierschwale, Bison Building Materials, Ltd., Keith Krienke, KLM Farm, Earnest N.
Johnson for Johnson Farm, Lawrence C. Reid and Doris J. Reid. The statement included
questions from the property owners concerning the annexation.
Keith Krienke stated his comments were in the letter read by Doris Reid.
There being no further testimony, the public hearing was closed.
CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by
one motion. There was no separate discussion on any of these items and no items were
removed from the consent agenda.
*8.A. Consider approval of the City Council minutes for January 12, 2006.
*9.A.1. Consider an ordinance amending Chapter 3, Section 3.1412 of the Round
Rock Code of Ordinances regarding the regulation of outdoor signs in the City's
extraterritorial jurisdiction. (Second Reading)
• *9.B.1. Consider an ordinance changing the name of Chandler Road to University
Boulevard. (Second Reading)
*10.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3
with Cash Construction Company for the CR 122 Street Improvements Proiect and the East
Water Transmission Line, Phase 3-A Proiect.
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JANUARY 26, 2006
*10.F.4. Consider a resolution authorizing the Mayor to execute a Facilities
Extension Agreement with TXU Electric Delivery for electrical services to the Rock `n River
Family Aquatic Center at Old Settlers Park at Palm Valley.
MOTION: Councilmember Williamson moved to approve all the items on the consent
agenda. Councilmember Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*8.A. Consider approval of the City Council minutes for January 12, 2006. This item was
approved under the consent agenda.
ORDINANCES:
*9.A.1. Consider an ordinance amending Chapter 3, Section 3.1412 of the Round
Rock Code of Ordinances regarding the regulation of outdoor signs in the City's
extraterritorial iurisdiction. (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 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.
*9.B.1. Consider an ordinance changing the name of Chandler Road to University
Boulevard. (Second Reading) This item was approved under the consent agenda.
RESOLUTIONS:
*10.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3
with Cash Construction Company for the CR 122 Street Improvements Project and the East
Water Transmission Line, Phase 3-A Proiect. This item was approved under the consent
agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract •
("Contract") with Cash Construction Company, Ltd. for the Red Bud Lane (CR 122) Street
Improvements Project and the East Water Transmission Line Phase 3-A Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No: 3, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Contract Change Order No. 3 to the Contract with Cash Construction Company, Ltd., 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
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JANUARY 26, 2006
Resolution and the subject matter hereof 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 January, 2006.
10.B.1. Consider a resolution authorizing the Mayor to make the necessary grant
application to the U.S. Department of Homeland Security for an Emergency Management
Performance Grant to partially fund two Emergency Management Coordinator positions.
Larry Hodge, Fire Chief made the staff presentation. The Texas Division of Emergency
Management awarded the City with a grant for $31,982 for FY'05. 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. This grant partially funds salaries for the Emergency Management
Coordinator and the Assistant Emergency Management Coordinator. The additional funding
will help defray budgeted salaries for the two positions. The funding request reflects 25% of
the total salaries and benefits for the Emergency Management Coordinator and Assistant
Coordinator, which is $46,754.
RESOLUTION NO.
WHEREAS, the U.S. Department of Homeland Security has grant funds available to
cities to assist in developing and carrying out emergency management programs, and
WHEREAS, Emergency Management Performance Grant funds are available to
partially fund two Emergency Management Coordinator personnel, and
WHEREAS, the City Council wishes to make application for the above-described
grant, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to make the necessary application
for the above-described grant.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 26th day of January, 2006.
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 Williamson
Mayor Maxwell
Absent: Councilmember Rhode
• Nays: None
ACTION: The motion carried unanimously.
Mayor Maxwell dispensed with the order of the agend.a and addressed the following
item.
10.E.2. Consider a resolution changing the name of the Allen R. Baca Senior Center
to the Allen R. Baca Activity Center. Rick Atkins, Parks and Recreation Director made the
following presentation.
Issue # 1 - Looking at the Numbers
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JANUARY 26, 2006
Facts:
• 2004 membership 751
• 2004 offered 1300 classes with 16,000 participants in all classes combined
Activity Center Budget
2005/ 2006 Budget = $357, 710
Proposed Revenue $57,000
Williamson County Population
• Williamson County Senior population = 18,389
• 7.4% Williamson County population
• 4.5 % Round Rock population
(According to US Census Bureau 2000 most recent report available)
Round Rock Population
(Ages of citizens in Round Rock according to the 2000 US Census)
• x<9 - 19.52%
• 10<19 - 15.40%
• 20<24 - 6.10%
• 24<34 - 19.60%
35<44 - 19.20%
• 45<54 - 11.60%
• 55<59 - 3.00%
• 60 + - 5.58%
The 11.6% of the population that were 45-54 in the 2000 census would now.be six
years older. Therefore, staff estimates 20.18% of today's population is age 50 and up.
Baby Boomers
• Baby boomers represent 28% of the United States
• Round Rock approx 24% are 50 and up
(According to US Census Bureau 2000 most recent report available)
Issue #1 Solutions
• Increase Membership
• Expand Programming
• Expand building rentals after hours
• Examine Fees (membership, rental, classes, etc...)
• Relocate programs from Clay Madsen Recreation Center back to the Center
• Take the over-flow programs from Clay Madsen Recreation Center
• Collaborate with other agencies (Round Rock Volunteer Center)
Issue #2
Attracting Baby Boomers
Boomers do not want to acknowledge themselves as "aging" and do not want to be
classified as "seniors."
• Many Boomers are still working and expect to retire later than previous
generations making the usual Monday - Friday daytime hours of the center less •
convenient.
• Physical fitness and education programs appeal to boomers
Issue #2 Solutions
• Adjust the title of.the Senior Center
• Develop activities and programs boomers want (more challenging physical
activities, emphasis on wellness, life-long learning opportunities).
• Offer active travel opportunities, cultural & arts events
• Adjust hours to include evening and weekends
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JANUARY 26, 2006
• Update the atmosphere - "wine and cheese events"
• Recruit boomers as board members, instructors and volunteers while they are
still working
Recommendation
■ Allen R. Baca Center for Senior and Community Activities
■ This Center will still be used primarily for senior programming.
i ■ The Center will also be utilized for intergenerational programming.
■ Amendment of the name from Senior Center to Activity Center will help in the
City's marketing efforts so all potential users will feel invited to this public
building.
RESOLUTION NO.
WHEREAS, the City Council has previously adopted Resolution No. R-04-02-26-8A1
naming the Allen R. Baca Senior Center, and
WHEREAS, the City Council now wishes to change the name of the Allen R. Baca
Senior Center to the Allen R. Baca Activity Center, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the name of the Allen R. Baca Senior Center is hereby changed to the Allen R.
Baca Center for Senior and Community Activities.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 January, 2006.
MOTION: Mayor Pro-tem McGraw moved to amend and adopt the resolution by
naming the Allen R. Baca Senior Center to the Allen R. Baca Center for Senior and
Community Activities. Councilmember Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
10.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for
the Purchase of Cold Water Meters from Master Meter, Inc. Tom Word, Chief of Public
Works Operations made the staff presentation. The purchase of water meters is a budgeted
item included in the operating budget each year. The meters are used for new housing and
commercial installations and for replacement of existing meters. The meters will be
purchased on an as needed basis. The Purchasing Department received four bids on July
19, 2005. Master Meter, Inc. submitted the best-evaluated bid. The total estimated price
of the agreement is $240,677.75.
RESOLUTION NO.
WHEREAS, the City of Rock has duly advertised for bids for cold water meters for the
City, and
WHEREAS, Master meter, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Master Meter, Inc., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
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JANUARY 26, 2006
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Cold Water Meters with Master Meter, Inc., a copy of said
Agreement being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 26th day of January, 2006.
MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem a
McGraw seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
10.D.1. Consider a resolution authorizing the Mayor to execute an Interlocal
Contract for aerial imagery and GIS data collection (GeoMap 2006). Jim Stendebach,
Planning and Community Development Director made the staff presentation. The CAPCOG
GeoMAP Project is a multi-year, cost-sharing initiative to produce and maintain current
geospatial base map data for the CAPCOG area. Participants receive several dollars worth
of data for every dollar contributed. GeorMap is an opportunity for the City to develop low •
cost and up-to-date GIS data. Developed individually, the data received by the City through
this project would cost well over $200,000. The City has not had a complete aerial imagery,
and topographic/planimetric data update since 2003. This project will provide these
updated products, which are necessary to support GIS, engineering, planning and many
other uses throughout the city. The cost of this contract is $150,000.00.
The following outlines each department's allocation for the project:
Department % FY 05-06 FY 06-07
Planning 25.00% $37,500 $12,500
EDS 8.00% $12,000 $4,000
Transportation 8.00% $12,000 $4,000
Utilities Administration 24.00% $36,000 $12,000
PARD 20.00% $30,000 $10,000
Fire 7.50% $11,250 $3,750
Police 7.50% $11,250 $3,750
Totals 100% $150,000 $50,000
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 wishes to enter into an Interlocal Contract for
GeoMap 2006 with the Capital Area Council of Governments for aerial imagery and GIS data
collection, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Interlocal Contract for GeoMap 2006 with the Capital Area Council of Governments for aerial
imagery and GIS data collection, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
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JANUARY 26, 2006
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 January, 2006.
MOTION: Councilmember Honeycutt moved to approve the resolution.
• Councilmember Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
10.D.2. Consider a resolution directing the Planning Director to prepare a service
plan concerning the annexation of 69.557 acres of land out of the Willis Donaho Survey
(GCLC, Northpark at Old Settlers, Park Central Building and Preece Tract) and 30.05 acres
of land out of the Joseph Marshall Survey (Highland Terrace). Jim Stendebach, Planning
and Community Development Director made the staff presentation. These tracts of land are
located within the City of Round Rock's ETJ and Williamson County.
• Tract 1 - The tract of land known as GCLC, Northpark @ Old Settlers, Park Central
Building and Preece Tract is a total of 69.557 acres located on the south side of CR 113
(Kiphen Rd.) and east of the FM 1460. It is adjacent to single-family residential
development, which is known as the Meadows of Chandler Creek M.U.D. to the south. It is
the city's desire to annex this tract in order to control the development along this portion of
CR 113 (Kiphen Rd.).
Tract 2 - The tract of land known as Highland Terrace is a total of 30.05 acres
located westside of Red Bud Lane. It is adjacent to single-family residential development on
the west and north and a commercial planned unit development to the south. It is the city's
desire to annex this tract in order to control the development and preserve the integrity of
the surrounding existing residential neighborhoods.
Two public hearings have been scheduled for Thursday, March 9, 2006, and
Thursday, March 23, 2006 for the proposed annexation.
• 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 property being further described in Exhibit "A" attached
hereto and incorporated herein for all purposes:
(1) GCLC, Northpark @ Old Settlers, Park Central Building and Preece Tract
(69.557 acres);
172.
.JANUARY 26, 2006
(2) Highland Terrace Tract (30.05 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 26th day of January, 2006.
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 Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
10.E.1. Consider a resolution designating 2 acres of open space along Brushy Creek
East Trail. Rick Atkins, Parks and Recreation Director made the staff presentation. As part
of the Texas Parks and Wildlife grant application staff is required to dedicate 2 acres of open
space to remain relatively undeveloped to preserve the natural area. This resolution will
comply with the grant application.
RESOLUTION NO.
WHEREAS, the Round Rock City Council desires to provide quality park facilities for •
the residents of Round Rock, and
WHEREAS, the City of Round Rock has obtained a grant from the Texas Park and
Wildlife Department for the development of a community park and desires to comply with all
of the requirements set forth in the grant, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
Section 1. In order to ,fulfill the requirements of the Texas Parks and Wildlife
Department's grant to the City of Round Rock, the City Council hereby designates two acres
of parkland along Brushy Creek Trail East for open space.
Section 2. The Mayor is hereby authorized to execute the appropriate documents
approving the terms and conditions of the agreement with the Texas Parks and Wildlife
Department.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 26th day of January, 2006.
MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt. •
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
10.E.2. Consider a resolution changing the name of the Allen R. Baca Senior Center
to the Allen R. Baca Activity Center. This item was addressed earlier in the meeting.
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JANUARY 26, 2006
10.F.1. Consider a resolution authorizing the Mayor to execute a contract with H.
Deck Construction Co. for the Old Settlers Park Baseball Complex Improvement Project.
Rick Atkins, Parks and Recreation Director made the staff presentation. The Project: Sports
Capital of Texas Plan was developed last year to plan for the necessary upgrades to our
existing sports complexes, at Old Settlers Park at Palm Valley, to make them top notch
• recreational and tournament facilities. As part of the Project, Sports Capital of Texas Plan,
drainage throughout the OSPV Baseball Complex will be improved to allow increased
playability on the fields after rain. This project also provides increased-parking and upgrades
for Fields 1-4. On January 10, 2006, five bids were received for the Old Settlers Park
Baseball Complex Improvements Project and the low bid was from H. Deck Construction Co.
Based on the review of the bids by City staff and the project engineer, Baker-Aicklen and
Associates, Inc, it was recommended the bid be awarded to H. Deck Construction Co. The
cost of this contract is $342,795.15.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the Old Settlers
Park Baseball Complex Improvements Project, and
WHEREAS, H. Deck Construction Company has submitted the lowest responsible bid,
and
WHEREAS, the City Council wishes to accept the bid of H. Deck Construction
Company, Now Therefore
• BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
contract with H. Deck Construction Company for the Old Settlers Park Baseball Complex
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 26th day of January, 2006.
MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
• 10.F.2. Consider a resolution determining that "Competitive Sealed Proposal" is the
delivery method, which provides the best value for the City for the construction of the
Forest Creek Golf Course Clubhouse Renovations and Pavilion Addition. Tom Word, Chief of
Public Works Operations made the staff presentation. Effective September 1, 2001, Texas
Local Government Code Section 271.113 allows cities to use certain methods other than
competitive bidding in entering into contracts for construction of facilities. One such method
is "Competitive Sealed Proposals." Section 271.114 (a) mandates that the "governing body
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JANUARY 26, 2006
of an entity that is considering a construction contract using a method specified by Section
271.113 (a) other than competitive bidding must, before advertising, determine which
method provides the best value for the government entity." With the existing competitive
market staff feels that the "competitive sealed proposal" would provide the best value for
building this project.
RESOLUTION NO. •
WHEREAS, Texas Local Government Code, Section 271.113(a) allows governmental
entities to use certain methods other than competitive bidding in entering into contracts for
construction of facilities, and
WHEREAS, the City of Round Rock is considering using an alternative method other
than competitive bidding in entering into a contract for construction of the Forest Creek Golf
Course Clubhouse Renovations and Pavilion Addition, 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 Forest Creek Golf Course
Clubhouse Renovations and Pavilion Addition. •
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 January, 2006.
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 Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
10.F.3. Consider a resolution determining that "Competitive Sealed Proposal" is the
delivery method, which provides the best value for the City for the construction of Fire •
Station #7 at 2811 Oakmont Drive. Tom Word, Chief of Public Works Operations made the
staff presentation. Effective September 1, 2001, Texas Local Government Code Section
271.113 allows cities to use certain methods other than competitive bidding in entering into
contracts for construction of facilities. One such method is "Competitive Sealed Proposals."
Section 271.114 (a) mandates that the "governing body of an entity that is considering a
construction contract using a method specified by Section 271.113 (a) other than
competitive bidding must, before advertising, determine which method provides the best
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JANUARY 26, 2006
value for the government entity." With the existing competitive market staff feels that the
"competitive sealed proposal" would provide the best value for building this project.
RESOLUTION NO.
WHEREAS, Texas Local Government Code, Section 271.113(a) allows governmental
entities to use certain methods other than competitive bidding in entering into contracts for
construction of facilities, and
WHEREAS, the City of Round Rock is considering using an alternative method other
• than competitive bidding in entering into a contract for construction of Fire Station #7
located at 2811 Oakmont Drive, and
WHEREAS, the statute requires that a project-by-project determination be made as
to what method provides the best value for the governmental entity in relation to a
particular project, and
WHEREAS, the Council has determined that this project would be best served by
utilizing the "Competitive Sealed Proposal" method, and
WHEREAS, Texas Local Government Code, Section 271.114(a) mandates a time
requirement that the "governing body of a governmental entity that is considering a
construction contract using a method specified by Section 271.113(a) other than
competitive bidding must, before advertising, determine which method provides the best
value for the governmental entity," and
WHEREAS, the City Council desires to comply with all requirements of the statute,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
In accordance with Texas Local Government Code §271.114(a), the Council has
determined that "Competitive Sealed Proposal" is the delivery method which provides the
best value for the City for construction of the referenced Fire Station #7.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 January, 2006.
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 Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
*10.F.4. Consider a resolution authorizing the Mayor to execute a Facilities
Extension Agreement with TXU Electric Delivery for electrical services to the Rock `n River
Family Aguatic Center at Old Settlers Park at Palm Valley. This item was approved under
the consent agenda.
RESOLUTION NO.
• WHEREAS, the City of Round Rock ("City") is planning a project for the construction
of the Rock'n River Family Aquatic Center at Old Settlers Park at Palm Valley ("Project"),
and
WHEREAS, TXU Electric Delivery Company ("TXU") is the only provider of electric
service to that portion of the City and the only company allowed to provide, install or
relocate the equipment necessary for provision of such electric service, and
WHEREAS, in conjunction with the Project, the City wishes to enter into a Facilities
Extension Agreement with TXU for the provision of electrical service to the Project, and
WHEREAS, the Local Government Code, Section 252.022(a)(7) exempts
expenditures for sole source providers from the competitive bidding requirements set forth
in Local Government Code, Section 252.021, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Facilities Extension Agreement with TXU Electric Delivery for the provision of electrical
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JANUARY 26, 2006
services to the Rock'n River Family Aquatic Center at Old Settlers Park at Palm Valley, 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 January, 2006.
APPOINTMENTS: •
11.A. Consider one appointment to fill an unexpired term on the Planning and
Zoning Commission. The term for this position expires June 2006.
MOTION: Mayor Pro-tem McGraw moved that Peter Drapes be appointed to fill the
unexpired term on the Planning and Zoning Commission. Councilmember Honeycutt
seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Williamson
Mayor Maxwell
Absent: Councilmember Rhode
Nays: None
ACTION: The motion carried unanimously.
COUNCIL COMMENTS: None
ADJOURNMENT: •
There being no further business, the meeting adjourned at 8:43 p.m.
R spectfully Submitted,
(�k�le• '4,
,
Christine R. Martinez, City Secretary
•
177
JANUARY 30, 2006
The Round Rock City Council met in a Special Called Session on Monday, January 30,
2006 in the City Council Chamber, 221 E. Main Street.
CALL SESSION TO ORDER: 6:00 P.M.
The session was called to order by Mayor Maxwell.
ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan
McGraw, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember
Scott Rhode and Ted Williamson. Councilmember Rufus Honeycutt was absent. Also present
were City Manager Jim Nuse and City Attorney Steve Sheets.
PUBLIC HEARINGS:
3.A.1. Consider public testimony regarding the proposed annexation of 496.084
acres of land out of the Joseph Marshall and P.A. Holder Surveys.(Harris/
Bison/Telander/Keller/Krienke/ Elrod/Reid Tract) Jim Stendebach, Planning and
Community Development Director made the staff presentation. This is the second public
hearing for the tract of land known as the Harris/ Bison/Telander/ Keller/Krienke/Elrod Reid
Tract. This tract consists of a total of 496.084 acres and is located on the south side of US
HWY 79 directly west of the LCRA Wastewater Treatment Plant. It is adjacent to single
family residential development and a mixed use planned unit development to the south. It
is the city's desire to annex this tract in order to control the development along this portion
• of US HWY 79, which is considered a major east/west corridor into the city. There have
been no changes since the first public hearing on January 26, 2006.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
ADJOURNMENT:
There being no further business, the meeting adjourned at 6:03 p.m.
Re p ctf4II Submitted,
Christine R. Martinez, City Secretary
•
178 -
FEBRUARY 22, 2006
The Round Rock City Council met in a Work Session on Wednesday, February 22,
2006, in the Round Rock Room at the United Heritage Center, 3400 Palm Valley Boulevard.
CALL WORK SESSION TO ORDER:
Mayor Maxwell called the session to order at 7:00 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, Councilmember Scott Rhode and Councilmember Ted Williamson.
Also present were City Manager Jim Nuse and City Attorney Steve Sheets, Assistant
City Manager David Kautz, Cindy Demers, Finance Director, Danny Halden, City Engineer,
Nancy Yawn, Convention and Visitors Bureau Director, Joe Vining, Executive Director of
Economic Development, Tom Clark, Water and Wastewater Director, Tom Word, Chief of
Public Works Operations, Larry Hodge, Fire Chief, Police Captain Tim Ryle, Teresa Bledsoe,
Human Resources Director, Police Chief Bryan Williams, Dale Ricklefs, Library Director, Jim
Stendebach, Planning Director, Rick Atkins, Parks and Recreation Director and Tom Martin,
Transportation Services Director.
WORK SESSION:
Open Government Training for Elected Officials
3.A.1. Open Meetings Act as required by Government Code, Section 551.005 •
3.A.2. Public Information Act as required by Government Code, Section 552.012
Members of the City Council and staff viewed the video issued by the Attorney
General regarding the Open Meetings Act and Public Information Act as a statutorily
required for City Officials. Throughout the viewing of the video members of the Council
posed questions to the City Attorney for clarification.
3.B. Consider opening remarks by the City Manager.
Jim Nuse, City Manager gave a brief overview of the agenda and the presentation
that will be made to the Council.
3.C. Consider a presentation and discussion regarding the following topics:
3.C.1. 10-Year Comprehensive Operational Plan
Will Hampton provided the following report regarding the 10-Year comprehensive
Operational Plan Open Houses.
10 Open House meetings held •
- 8 at voting precincts, 1 at Clay Madsen Recreation Center, 1 at Library
• 3 "other meetings (two at the Round Rock Chamber of Commerce, one at the
Senior Center)
• "Online" Open House available from February 1 through February 15
• Public Forum on February 13
• Input by the numbers.' -
- 575 people provided input
- 487 at Open House meetin.gs (446 residents, 41 non-residents).
• 88 via online (80 residents, 8 non-residents)
• 526 residents, 49 non-residents combined from Open House and online
• 293 offered written comments
I
` 179
FEBRUARY 22, 2006
Mr. Hampton outlined the scorecard the public used and the choices they made for
the various core services.
Jim Nuse summarized the following:
• ,Advice Scorecard Results
• Open House Results
• Online results
• Combined results, resident only
• Combined results, both inside and outside the city limits
• Effect of advice
• How would you pay to maintain your chosen Level of Service graph
- 65% raise taxes
- 82% raise user fees
- 39% cut services
• Percentage of homes per valuation range
• Average tax increase by home value
• EMS Questions
- 74% relocate EMS
- 93% RRFD provide paramedic services
• Combined results
- Library
- Police
- Fire
- Parks and Recreation
- Urban Infrastructure
Dale Ricklefs, Police Chief Williams, Fire Chief Hodge, Rick Atkins, and Tom Word
provided information on what they heard from the respondents at Open Houses regarding
the Core Services.
• In response to Council's question, Chief Hodge provided details on the progress of
the EMS issue.
Mayor Maxwell noted that due time constraints in addressing the rest of the items on
the agenda, he asked that the discussion regarding EMS continue in another work session.
Jim Nuse concluded the discussion by providing an overview of the Cost Controllers.
3.C.2. Budaet Outlook
David Kautz introduced this item and how the responses regarding the core services
might affect the budget.
Cindy Demers, outlined the Financial Outlook for FY 2006-2008, General Fund
Revenues and Expenditures, Public Safety Salary, New Programs, Fire Station #7, and
Excess (deficit). She outlined the FY 2006-2007 Budget Process Changes adding that staff
would like to tie this into the 10-year process. Ms. Demers continued by giving an overview
of economic outlook for the City and outlining the taxable property values, sales tax,
Financial Management Policy and utility issue.
3.C.3. Tourism Update
• Sports Capital
Nancy outlined activities that have been held in Round Rock including the latest
which was the Texas Open Paintball Tournament.
Performance Measurement
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FEBRUARY 22, 2006
Ms. Yawn outlined the report concerning the economic impact as it is related to the
Convention and Visitors Bureau recruiting and assistance.
3.C.4. Legislative Topics - Randy Cain - 12:00 Noon
• Special Session
Randy Cain and Susan Rocha gave an update on the last legislative session. Some of
the bills that are expected to be introduced in a Special Session are appraisal caps, revenue •
caps for cities and counties and the expansion of sales tax to generate more revenue for
public school finance. Other items are as follows:
• Cable Franchises
• Modernizing the state tax system with the goal of reducing property taxes and
providing stable financing for public schools.
• Legislative Agenda
On February 3, the Lieutenant Governor issued the Interim Charges for the Senate
Committees. The committees will begin holding hearings on these charges. Some of the
charges that could affect Texas cities are as follows:
• Local tax structure
• Capping property appraisal taxes
• State's current process of authorizing tuition revenue bonds
• Use of funds collected from red light camera citations •
• Special utility districts
• Determination of which local governmental entities have eminent domain powers
and how those powers may be used.
• Governmental immunity in contract disputes under the Texas Tort Claims Act
• Texas Economic Development Act and its use by local government entities.
• Expenditures of taxpayer money by local government and school boards to lobby
the Legislature.
• Impact of unfounded mandates by state and federal governments on cities.
• Implementation of the state-issued cable and video franchise.
• Reduce the state's reliance on local property taxes to fund public education.
3.C.5. Healthcare Topics - 1:00 p.m.
• Panel discussion
Representatives of the medical community participated in a panel discussion with the
Council. Those members present were Debra Ryle, Round Rock Hospital, Mark Hazelwood,
Seton, Rob Hardy, Scott &White, Dr. Keith Morrison, Dr. Greg Peterson, Dr. Joel Good, and
Richard Hammond, St. David's.
Points of discussion were:
• Immediate plans for their facilities.
• How a partnership can work between the City and Hospital groups
• Commitment of health for local residents.
1 V
FEBRUARY 22, 2006
• City can help get the word out on what the physicians and hospitals can do for
the community and the specialties that can be provided.
• Retooling services to keep patients in Williamson County rather than going to
Temple
• How will indigent care be divided up?
o Will there be collaboration between clinics and hospitals?
• • Combine services from all hospitals into one rather than duplicate.
• What are the obstacles?
What are the concerns?
• Addressing primary care.
Shortfall of mental care.
• The creation of the Indigent Care Collaboration (ICC) is a good effort.
ICC partners are involved in many programs that aim to improve access to
healthcare for the uninsured.
• ICC-- is another piece that can work with the clinic structure.
• Travis County is working with Williamson County to create a Project Access.
(Project Access, is a coordinated system of volunteer physician care, hospital
care, diagnostic services and medications assistance for the low-income,
uninsured of Travis County.)
• How do we keep the physicians and nurses living and working in Round Rock?
• . What are you looking for in recruitment?
• Are there barriers that prohibit recruitment and retention?
- Transportation is important to hospital support staff.
- Develop high-end housing for certain number of physicians
- Concern on the uncertainty of School District
- Accessible affordable childcare
- School district should be aligned with goals
- Community does not know what is at Round Rock Hospital
3.C.6. Housing Topics
• High-end
Jim Stendebach gave the results of an inventory conducted by the Planning
Department of single-family residences within the city limits. The 2005 tax role was
reviewed to develop a base line for the discussion of"high end" housing and "affordable
housing. The Council and staff discussed the findings. Mr. Stendebach also outlined the.map
that showed breakdown of the single-family home values and the locations of the homes.
• Affordable
Andy Martinez of the Round Rock Housing Authority outlined the document he
provided to the Council regarding the Housing Authority and the need for affordable
housing.
3.C.7. Development Process Update
Charley Ayers, reported that the committees are still in ongoing sessions involving
the survey. Written suggestions, recommendations will be brought to Council. Some of
reports are in the Chamber of Commerce and can be viewed at the Chamber. He added that
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FEBRUARY 22, 2006
the working relationship is dynamic the way it is going, the team came together, in a
cooperative spirit and relationships have been built. In addition, the Chamber of Commerce
can provide to the administrators of the hospitals 100 marketing pieces to use in producing
a video in their marketing effort.
3.C.8. Community/Social Service Needs
• City of Round Rock Funding Process •
Cindy Demers outlined the history of the Williamson Counties and Cities Health
District cooperative agreement with the City and the agency funding history. She explained
the process for funding the agencies prior to 1999. The City funded the social service
agencies at less than $100,000. The Williamson Counties and Cities Health District funded
the agencies at $75,000. The City developed a funding criteria/guidelines for social services
funding in 2002. At that time the city funding increased to $200,000. The current level of
funding is $210,000.
United Way Annual Update
Jennifer A. Edwards, Chief Professional Officer of the United Way of Williamson
County outlined the following.
• FY2006-2007 Social Service Funding Process
• FY 2005 Annual Report
• FY 2007 funding process update
•
• The FY 2007 funding for social service agency requests - $210,000
• Community Arts/Cultural Events
Dale Ricklefs and Gisele Schaefer provided two documents to the Council. One was a
Report on Long-Term Plan for Cultural/Fine Arts and the other was Arts and Cultural
Philanthropy Enablement. The Philanthropy Enablement report was outlined which asks the
Council to appoint a task group to provide direction and information that creates a non-
profit organization that would promote and assist with funding arts and cultural activities
within the greater Round Rock area. The following points regarding the long-term plan were
also presented.
• Developing and implementing a Master Plan for cultural/Fine Arts will not only
enhance the Quality of life in our community but will help with Economic
Development and Tourism.
• A Cultural/Arts Task force needs to be created to formulate a Master Plan. •
• The Master Plan should determine the following:
- What does the community want?
- What can be utilized from the Round Rock Tourism Plan?
- What are the immediate needs of the community and the long-term
goals?
- What type of facilities are needed?
- Who are the partners that need to be part of this plan?
- Where would revenue to start and operate the facility come from?
- Would this organization b responsible for arts support to local arts groups
through an application grant program?
- Would this organization work with the Chamber on the Crossing Project?
183..
FEBRUARY 22, 2006
• Identify Operation/Fundraising and Memberships, Facilities, and Programs
3.C.9. Joint Communications Center/Digital Migration
This item was not addressed due to time constraints.
3.C.10. Emerging Topics
a g p cs
• Emergency Service District
• This item was not addressed due to time constraints.
• Sale of McNeil Park
Rick Atkins provided information to the Council on the proposal to sell McNeil Park.
Points that were discussed are as follows:
• The selling price has not been discussed.
• Voter approval is necessary before the park can be sold.
• Many interesting opportunities for this property.
• Relationship of Endeavor Real Estate Group to the park.
• There is an opportunity to sell the park not an obligation to sell the park.
• Land has a lot of value for the City and the Endeavor.
• Option of selling the property to Endeavor.
• Funds are not obligated to another parkland, funds can be used for other things.
• The property has been appraised but it doesn't mean that is the price of the land.
• • Is there anything in the ballot language to tie future Council hands for the use of
he money, if authorization is given by the voters to sell the park.
• Hotel/Conference Center
Joe Vining reported that he has been in contact with four entities regarding the area
south of McNeil Park for a proposed development. The area is between Sunrise Road and
the Interstate. The proposal is for a private/public partnership to build a hotel, a conference
center, a nine-hole executive golf course, sports fields, and a recreational lake on acreage
just south of McNeil Park.
Mayor Maxwell noted that a more focused work session is needed to discuss the
benefits for the City in this private/public partnership. Staff was directed to acquire more
information regarding this proposal for the Council to discuss.
• Animal Shelter
• This item was not addressed due to constraints.
ADJOURNMENT:
There being no further business, the meeting adjourned at 5:06 p.m.
R pectfully Submitted,
Christine R. Martinez, C"Secretary
i
184
FEBRUARY 9, 2006
The Round Rock City Council met Regular Session on Thursday, February 9, 2006, in
the City Council Chamber, 221 E. Main Street.
CALL REGULAR SESSION TO ORDER:
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 Joe Clifford, Councilmember
Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Ted Williamson. Also
present were City Manager Jim Nuse and City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS:
Tom Clark, Water/Wastewater Utility Director reported that this year's effort to raise
money for"Water for People" was very successful. Nancy Stewart representative for the
"Water for People" program was presented with a check for $14,435. Mr. Clark recognized
the City employees who helped with this effort.
Russell S. Johnson, 106 S. St. Mary's Street, San Antonio representing Brazos Valley
Water Alliance spoke on the draft report by HDR Engineering that analyzed the City's
options for future water needs and the proposal submitted by the Alliance to be the City's •
future water supplier. He concluded that the Alliance could meet the City's future water
needs.
PROCLAMATIONS:
S.A. Consider recognizing Round Rock Independent School District graduates that
were members of the 2005 National Champion Texas Longhorn Football Team. Mayor
Maxwell read the following proclamation and presented the proclamation to the members of
the 2005 National Champion Texas Longhorn Football Team that graduated from the Round
Rock Independent School District.
WHEREAS, the University of Texas Longhorns were named the 2005 National College
Football Champions on January 4, 2006 when they defeated the University of Southern
California Trojans at the Rose Bowl by a score of 41 to 38; and
WHEREAS, this historic victory—the 800th win in school history—marks the
culmination of an undefeated, 13-0 season, giving the Longhorns the longest-active winning
streak in the nation at 20 games; and
WHEREAS, the 2005 Longhorn Team was comprised of many talented and
outstanding student athletes, including six Round Rock Independent School District •
Graduates: Peter Ullman, Myron Hardy, Mac McWhorter, Ryan Moench, Greg Dolan and
Dustin Misch; and
WHEREAS, The City of Round Rock is proud to be represented by these fine students
whose character, determination and success have brought great honor to themselves, the
University of Texas, their community and the great State of Texas.
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas and the
Round Rock City.Council, on behalf of all the citizens of the City, would like to officially and
publicly state our appreciation and gratitude to the Texas Longhorn Football Team for the
excitement, entertainment and pride that the 2005 Championship season has brought to the
Round Rock community.
PROCLAIMED this 9th day of February 2006.
' 185
FEBRUARY 9, 2006
S.B. Consider proclaiming February as Black History Month. Mayor Maxwell read the
following proclamation and presented it to Debbie Bruce-Julke.
WHEREAS, much of the City of Round Rock's honor, strength and stature can be
attributed to the diversity of cultures and traditions that are celebrated by the residents of
this great region; and
WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm
the importance of Black History throughout our American experience, which goes back
thousands of years and includes some of the greatest, most advanced and innovative
societies in our history that we can all draw inspiration from; and
WHEREAS, Black History Month is a time for all Americans to remember the stories
and teachings of those who helped build our nation, took a stance against prejudice to build
lives of dignity and opportunity, advanced the cause of civil rights, and strengthened
families and communities; and ,
WHEREAS, the Black Voice of Round Rock, is a group of education, business and
community professionals organized to carry out programs of educational enhancement,
economic empowerment and civic involvement among African-Americans, other minority
groups and disadvantaged persons; and
WHEREAS, the Black Voice of Round Rock will host a Black History Month celebration
on Saturday, February 25 with an inspiring program and luncheon at Stony Point Ninth
Grade Center,
NOW, THEREFORE, I, Nyle Maxwell, Mayor, of the City of Round Rock do hereby
proclaim the month of February 2006 as
"BLACK HISTORY MONTH"
in the City of Round Rock and encourage all citizens to join me in recognizing Black History
Month and encourage everyone to participate in the Black Voice of Round Rock's celebration
at Stony Point Ninth Grade Center.
PROCLAIMED this 9th day of February 2006.
5.C. Consider proclaiming February 13-17 as Habitat for Humanity Week. Mayor
Maxwell read the following proclamation and presented it to Bateman Project participants
• and Public Relations Texas State University students Kristen Hinojosa, Melissa Kanz, and
Stephanie Adkins.
WHEREAS, Habitat for Humanity International is a global organization creating
homeownership opportunities throughout North America, Africa, Middle East, Asia, Europe,
Latin America and Caribbean since 1976; and
WHEREAS, the Round Rock Habitat. for Humanity focuses on building affordable
housing to families in need for the Greater Round Rock area; and
WHEREAS, Habitat for Humanity International has built and rehabilitated more than
200,000 houses with families in need, becoming a true world leader in addressing the issues
of poverty housing; and
NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do
hereby proclaim the week of February 12 - 18, 2006 as
"HOME IS WHERE THE HEART IS HABITAT FOR HUMANITY WEEK"
in the City of Round Rock, Texas and urge all Round Rock citizens to become familiar with
and support the services and benefits offered by Habitat for Humanity in Round Rock.
PROCLAIMED this 91h day of February 2006.
PUBLIC HEARINGS:
6.A.1. Consider public testimony regarding an application filed by Pulte Homes to
adopt original zoning of District OF (Office) on 1.79 acres of land. (Northwest corner of
• Gattis School Road and Rusk Drive) Jim Stendebach, Planning Director made the staff
presentation. This property was annexed in 1986 as a part of a 500-foot strip along Gattis
School Road and was never zoned. The property is part of a larger tract purchased by Pulte
Homes for single-family development. While the rest of the property has been subdivided
into residential lots, this piece was deemed inappropriate for single-family use given its
location on Gattis School Road and proximity to the Fire Station, which is directly adjacent
to the west. Pulte Homes is requesting a zoning change to OF (Office) to allow the property
to be used for an office. Staff concurs with the applicant that the property is unsuitable for
.18. 6
FEBRUARY 9, 2006
single-family use and is supportive of Office zoning as a use that is both appropriate for
Gattis School Road and compatible with the nearby residences. The Planning and Zoning
Commission recommended approval of the zoning request at their January 11, 2006,
meeting.
Mayor Maxwell opened the public hearing.
Rodney Bennett, 11505 Ridge Drive, Austin, the owners' agent, outlined the •
conceptual site plan for the tract and requested approval of the zoning.
There being no further testimony, the public hearing was closed.
6.A.2. Consider public testimony regarding an application filed by Harden
Healthcare to adopt original zoning of District SR (Senior) on 5.785 acres of land and of
District OF (Office) on 3.590 acres of land. (West of Wyoming Springs Drive and north of
Park Valley Drive) Jim Stendebach, Planning Director made the staff presentation. This
property is undeveloped and outside the city limits. The proposed land use is a senior
residential facility, three medical offices and a detention pond. The proposed zoning is
appropriate for the location, given the proximity to the hospital and medical office complex.
Compatibility between the proposed uses and the neighboring single family homes is
ensured through the compatibility standards required by the Zoning Ordinance, such as
setbacks, landscape buffers, light restrictions. The Planning and Zoning Commission •
recommended approval of the zoning request at their January 11, 2006, meeting. Mayor
Maxwell opened the public hearing.
Kirby Hiscox, 2433 Cloud Peak Lane, representing the five property owners that abut
the proposed detention pond expressed his concern and the concern of the residents on the
size, depth, and the type of enclosure that was being considered for the pond. He noted that
a school is close to this development and the attraction of an open pond would be an
endangerment to the children in the neighborhood and the children that walk home from
school. He pointed out that the residents were not opposed to the development; their
concern was for the safety of children. He recommended options for making the detention
pond safer.
Mark Layne, 2435 Cloud Peak Lane, noted that his issues were addressed by Mr.
Hiscox.
Mark Fritz, 900 Woodside Court, Vice-Chairman of Harden Healthcare Texas, owners
of the 9-acre tract noted that the safety of the children is a major factor to them in
developing this tract. He noted that once the concerns were voiced by the neighborhood
they began working on a possible solution. He briefly outlined the proposed solution, which
would be something like an extremely large French drain system.
Mr. Hiscox thanked Harden Healthcare for finding a solution to make their
development safe for the neighborhood.
187.
FEBRUARY 9, 2006
There being no further testimony, the public hearing was closed.
6.A.3. Consider public testimony regarding proposed amendments to Chapter 11,
Zoning, of the City of Round Rock Code of Ordinances. Jim Stendebach, Planning Director
made the staff presentation. The Zoning Ordinance was adopted by City Council in May
2002. Staff regularly reviews the ordinance to ensure its effectiveness and operational
• efficiencies. Mr. Stendebach outlined the following summary of the proposed text
amendments to the Zoning Ordinance. He added that the amendments attempt to resolve a
number of recurring issues staff has encountered since the adoption of the Zoning
Ordinance.
Application Completeness Requirements
Staff proposed to require a pre-application conference for site plan and variance
proposals. Section 11.301(2) of the Zoning Ordinance requires applicants to request a pre-
application conference for all. procedures contained within the Zoning Ordinance with the
exception of site plan and variance procedures. These procedures were inadvertently
omitted when the Zoning Ordinance was adopted. Staff recommended the addition of these
procedures, since the pre-application process is an important step in ensuring application
completeness.
• Public notice requirements for the Zoning Board of Adjustment
Section 11.301(5) of the Zoning Ordinance requires both mailed notices and
published newspaper notices for public hearings relating to applications made to the Zoning
Board of Adjustment (ZBA). The ZBA renders decisions on requests for variances and
special exceptions. Since ZBA applications are specific to particular tracts of land and affect
the interests of abutters, as opposed to the city at large, legal staff recommended that the
requirement for published,notice be removed from the Zoning Ordinance. This will ensure
consistency between the Zoning Ordinance and the Texas Local Government Code.
Name change for Downtown Reinvestment Zone to Downtown Development Area
Existing regulations in the Zoning Ordinance delineate a section of downtown Round
Rock as the Downtown Reinvestment Zone. The Downtown Reinvestment Zone was
originally adopted in 1995 for the purpose of defining the area of the downtown eligible for
participation in a City tax abatement program. The area is roughly bounded by IH-35 to the
west, Brushy Creek to the north, the Union Pacific railroad line to the south, and the
western line of the P.A. Holder Survey to the east, east of College Street. The program
offered tax abatements for new construction and redevelopment projects that met City
Council approved design criteria. The tax abatement program has since expired, but the
area remains important for zoning purposes since several development regulations are
attached to it. These regulations are in no way related to the original tax abatement
program. Since the term "reinvestment zone" has tax implications per state legislation,
18 $
FEBRUARY 9, 2006
legal staff recommended that the area be renamed to avoid potential confusion regarding
the area's purpose. Staff recommended that the area be renamed the "Downtown
Development Area." In addition, staff proposed the inclusion of a new definition that
precisely defines the geographic area.
Setback requirements for structures crossing one or more property lines
Section 11.426(3) of the Zoning Ordinance outlines setback requirements. Staff •
recommended to add a provision that addresses setback requirements for structures built
over one or more property lines. Setback requirements applicable to the crossed property
line(s) will no longer apply. However, setbacks will still apply along the perimeter of the
lots. This provision is being added to clarify the obvious problem of enforcing setbacks on
buildings that straddle property lines.
Changes to C-2 Local Commercial and OF Office zoning districts
g l ) (Office) g
Both the C-2 and OF districts include a number of development standards intended
to ensure compatibility with nearby residential neighborhoods. The height and size
limitations have proven to be overly restrictive and have limited the usefulness of the
districts, particularly along arterial roadways. To address these issues, staff recommended
to increase the size limitations of day cares, eating establishments, offices and retail sales
and services. Staff also recommended eliminating the requirement to use the "village" •
design format for C-2 sites along arterial roadways. The configuration of the village design,
with the buildings pulled up close to the street, works well in a pedestrian environment, but
is not so practical when located on a busy arterial roadway, such as US 79 or FM 1460.
Along the same lines, staff recommended to allow drive-through banks on arterial roadways
as long as the drive-through lanes are screened from any adjacent residences. In addition,
staff recommended altering the height and setback regulations for the C-2 and OF districts.
For the C-2 district, staff recommended to make the allowable height dependent on the size
of the setback rather than on the size of the lot (i.e. a 50-foot setback for one-story
buildings, and a 100-foot setback for two-story buildings). This change guarantees an
appropriate separation between a two-story building and adjacent residences. In conclusion
staff recommended to allow two stories in the OF district using the same setback
requirements.
Mayor Maxwell opened the public hearing. There being no testimony, the public •
hearing was closed.
CONSENT AGENDA:
The following items were considered to be routine by the City Council and were
enacted by one motion. There was no separate discussion on any of these items and no
items were removed from the consent agenda.
R .
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FEBRUARY 9, 2006
*B.A. Consider approval of the City Council minutes for January 26 2006 and
January 30, 2006.
9.A.1. Consider an ordinance changing th
a g e name of Chandler Road to University
Boulevard from FM 1460 to Count Road 110. First Reading)
Y ( 9)
*10.C.2. Consider a resolution authorizing the Mayor to execute Change Order No. 3
with RGM Constructors, L.P. for the construction of Forest Creek Drive and Double Creek
Drive, Phase 2.
*10.D.1. Consider a resolution authorizing the Mayor to execute Change Order No. 3
with H. Deck Construction Company for the 2003-2004 Wastewater Collection System
Rehabilitation of three Edwards Aquifer Basins.
MOTION: Councilmember Rhode moved to approve all the items on the consent
agenda. Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Mayor Pro-tem McGraw was out of the room when the
vote was taken.
ACTION: The motion carried unanimously.
• MOTION: Councilmember Williamson moved to dispense with the second reading of
the ordinance for item 9A1 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
Councilmember Williamson
Mayor Maxwell
Nays: None
Mayor Pro-tem McGraw was out of the room when the
vote was taken.
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*B.A. Consider approval of the City Council minutes for January 26, 2006 and
January 30, 2006. This item was approved under the consent agenda.
ORDINANCES:
*9.A.1. Consider an ordinance changing the name of Chandler Road to University
Boulevard from FM 1460 to County Road 110. (First Reading) This item was approved
under the consent agenda.
ORDINANCE NO.
AN ORDINANCE CHANGING THE NAME OF A PORTION OF CHANDLER ROAD, FROM FM1460
TO COUNTY ROAD 110, TO UNIVERSITY BOULEVARD; PROVIDING A SAVINGS CLAUSE AND
RPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
19. 0
FEBRUARY 9, 2006
9.A.2. Consider an ordinance annexing 9.375 acres of land. (Harden Healthcare
Tract) (West of Wyoming Springs Drive and north of Park Valley Drive) (.First Reading) Jim
Stendebach, Planning Director made the staff presentation. This property is undeveloped
and outside the city limits. The proposed land use is a senior residential facility, three
medical offices and a detention pond. Compatibility between the proposed uses and the
neighboring single family homes is ensured through the compatibility standards required by
the Zoning Ordinance.
ORDINANCE.NO.
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF
ROUND ROCK, TEXAS, TO WIT: 9.375 ACRES OF LAND, OUT OF THE J.M. HARRELL
SURVEY, ABSTRACT NO. 284, 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 Salinas moved to approve the ordinance. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas •
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
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 Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.A.3. Consider an ordinance adopting original zoning of District SR (Senior) on
5.785 acres of land and of District OF (Office) on 3.590 acres of land. (Harden Healthcare •
Tract) (West of Wyoming Springs Drive and north of Park Valley Drive) (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 ZONE 5.785 ACRES OF LAND, MORE OR LESS, OUT OF THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT SR
191,
FEBRUARY 9, 2006
(SENIOR), AND TO ZONE 3.590 ACRES OF LAND, MORE OR LESS, OUT OF THE J.M.
HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT OF
(OFFICE).
MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
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. Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.A.4. Consider an ordinance adopting original zoning of District OF (office) on 1.79
acres of land. (Pulte Homes Tract) (Northwest corner of Gattis School Road and Rusk Drive)
(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 ZONE 1.79 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A.
HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT OF
(OFFICE).
MOTION: Councilmember Honeycutt moved to approve the ordinance.
Councilmember Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
• Councilmember Williamson
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
192
FEBRUARY 9, 2006
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.A.5. Consider an ordinance amending Chapter 11, Zoning, of the City of Round
Rock Code of Ordinances. (First Reading) Jim Stendebach, Planning Director made the staff
presentation for this item during the public hearing. i
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.301, 11.410, 11.411, 11.423,
11.426, 11.502, 11.505 AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, TO AMEND THE REVIEW PROCEDURES TO INCLUDE
PREAPPLICATION CONFERENCES FOR SITE PLAN AND VARIANCE APPLICATION REQUESTS;
TO AMEND THE PUBLIC NOTICE REQUIREMENTS FOR ZONING BOARD OF ADJUSTMENT
MEETINGS; TO AMEND THE DENSITY AND DEVELOPMENT STANDARDS FOR THE C-2
(LOCAL COMMERCIAL) DISTRICT; TO AMEND THE DENSITY AND DEVELOPMENT
STANDARDS FOR THE OF (OFFICE) DISTRICT; TO AMEND THE STANDARDS FOR DAY CARE,
EATING ESTABLISHMENTS, OFFICE, AND RETAIL SALES AND SERVICE; TO AMEND THE
SETBACK REQUIREMENTS FOR STRUCTURES BUILT OVER LOT LINES; TO RENAME THE
"DOWNTOWN REINVESTMENT ZONE" TO THE "DOWNTOWN DEVELOPMENT AREA"; TO
AMEND THE SECTIONS THAT MADE REFERENCE TO THE "DOWNTOWN REINVESTMENT
ZONE" TO NOW REFERENCE THE "DOWNTOWN DEVELOPMENT AREA"; TO DELETE THE
DEFINITION FOR "DOWNTOWN BUSINESS ZONE"; TO ADD THE DEFINITION FOR
"DOWNTOWN DEVELOPMENT AREA" AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
MOTION: Councilmember Clifford moved to approve the ordinance. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
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 Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None •
ACTION: The motion carried unanimously.
RESOLUTIONS:
10.A.1. Consider a resolution authorizing the Mavor to execute a Memorandum of
Understanding concerning the Texas Crushed Stone Industrial District. Jim Nuse, City
Manager made the staff presentation. The current Texas Crushed Stone Industrial District
has lapsed. This agreement will allow time to negotiate a permanent agreement to
193
FEBRUARY 9, 2006
determine the long-range relationship between the City of Round Rock and Texas Crushed
Stone.
Steve Sheets, City Attorney reported that the Council received two Memorandums of
Understanding (MOU) for their consideration. One was provided to the Council in their
meeting packet and the second_MOU-was on the dais for consideration. The initial MOU
required "at least six months to determine the best method of dealing with the property."
The substitute MOU required at least"three months to determine the best method of
dealing with the property." In addition, the initial MOU provided for"ninety days written
notice in the event that plans or interest change, or if anything else in the MOU ceases to be
the understanding of any party."The substitute provides for an expiration date of"ninety
days from the date of execution and effective date."
RESOLUTION NO.
WHEREAS, in December of 1978, the City of Round Rock entered into an agreement
with Westinghouse Electric Corporation ("Westinghouse Agreement") that provided that
certain property owned by Westinghouse that was located in the City's extraterritorial
jurisdiction would be designated as an Industrial District, and
WHEREAS, on June 30, 1982, Texas Crushed Stone Company ("TCS") and
Georgetown Railroad Company, Inc. ("GRR") purchased a portion of the Westinghouse
property, and
WHEREAS, thereafter, the City, TCS, and GRR entered into numerous agreements
extending the Industrial District, and
WHEREAS, the Westinghouse Agreement expired on December 31, 2005 in
• accordance with the terms of the Fifth Agreement Extending Industrial District, and
WHEREAS, the City, TCS, and GRR now wish to enter into a Memorandum of
Understanding setting forth their understandings with respect to the property previously
covered by the Westinghouse 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
Memorandum of Understanding with Texas Crushed Stone Company and Georgetown
Railroad Company, Inc., a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of February 2006.
MOTION: Councilmember Rhode moved to approve the resolution and the substitute
Memorandum of Understanding that was on the dais. Mayor Pro-tem McGraw seconded the
motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.B.1. Consider a resolution authorizing the Mayor to execute a contract with JO'B
Site Construction, LLC for the Forest Creek Safety Improvements Project, Phase II. Danny
Halden, City Engineer made the staff presentation. This is the final phase of the Forest
Creek Safety and Sidewalks Improvements project that was included in the first issuance
194
FEBRUARY 9, 2006
2001 GO Bond Program. Phase I included sidewalks and headwall modifications through a
bid package that included other bond fund sidewalk projects. Because many of the work
tasks for Phase II required different types of construction skills and equipment than for
Phase I, it was decided that the public would best be served by bidding Phase II separately.
Two contractors submitted_ bids for the project which were opened on December 20, 2005.
Upon checking the tabulation of the bids, JO'B Site Construction, LLC submitted the lowest •
bid. The City's consultant, Fisher-Hagood, Inc., researched references on the low bidder
and recommended that the contract be awarded to JO'B Site Construction, LLC. The
estimated contract amount is $95,270 which is less than the approximately $130,000
currently remaining within this bond project.
In past discussions with the Forest Creek Home Owners Association (HOA), they had
identified concerns regarding westbound traffic on Forest Creek Drive as traffic approached
Forest Creek Elementary, and the existing detention pond along Forest Creek Drive just
west of the school. The City previously contracted with Fisher-Hagood, Inc. to prepare
plans for street and detention pond modifications. Recently, the HOA informed staff that
changes to traffic circulation at Forest Creek Elementary eliminated the need for street
modifications. Therefore, Phase II now only consists of improvements to the noted
detention pond. The proposed detention pond work includes trickle channel construction, •
grading, shaping, re-vegetation, and other ancillary items.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the Forest Creek
Safety & Sidewalk Improvements Project, Phase II, and
WHEREAS, JO'B Site Construction, LLC has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of JO'B Site Construction, 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 a
contract with JO'B Site Construction, LLC for the Forest Creek Safety & Sidewalk
Improvements Project, Phase II.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of February 2006.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.C.1. Consider a resolution authorizing the Mayor to execute an Annual Contract
for General Engineering Services with Huggins/Seller & Associates, L.P. Tom Martin,
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FEBRUARY 9, 2006
Director of Transportation made the staff presentation. Huggins/Seiler &Associates, L.P.,
previously provided design studies, schematic design, right-of-way maps, as well as other
related engineering tasks as detailed and agreed to by the City. This is an annual contract
for the engineering services for the Transportation Services Department, including such
services as schematic design, traffic modeling and simulations, utility identification
coordination, as well as other work required. Work, under this contract, will be done under
an individual work order per each assignment. The cost of the contract is not to exceed
$200,000.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain general engineering services,
and
WHEREAS, Huggins/Seiler & Associates, L.P. has submitted an Annual Contract for
General Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract with Huggins/Seiler &
Associates, L.P., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Annual Contract for General Engineering Services with Huggins/Seiler & Associates, L.P., a
copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject_of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by ,law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
• amended.
RESOLVED this 9th day of February 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*10.C.2. Consider a resolution authorizing the Mayor to execute Change Order No.
3 with RGM Constructors, L.P. for the construction of Forest Creek Drive and Double Creek
Drive, Phase 2. This item was approved under the consent agenda.
RESOLUTION NO.
• WHEREAS, the City of Round Rock has previously entered into a contract
("Contract") with RGM Constructors, L.P. for the 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. 3, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Contract Change Order No. 3 to the Contract with RGM Constructors, L.P., 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
196
FEBRUARY 9, 2006
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of February, 2006.
10.C.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, Director of Transportation 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 as follows:
1. To provide additional funding for the Public Road Crossing Agreement with the Union
Pacific Railroad (UPRR) for the reconstruction of the railroad bridges, over A.W. Grimes
Boulevard Phase 2, in the amount of $774,557.00. The project limits for the roadway
project are from Lake Creek to US 79 at FM 1460.
2. To reimburse UPRR for the cost of an independent review of the City's construction plans
for the bridge over the proposed A.W. Grimes Boulevard in the amount of $19,383.00.
The amendment totals to $793,940.00.
RESOLUTION NO.
WHEREAS, the Round Rock Transportation System Development Corporation
("RRTSDC") has previously adopted a Transportation Capital Improvement Plan ("Plan"),
and
WHEREAS, the RRTSDC wishes to amend said Plan, and
WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be •
approved by the City Council, and
WHEREAS, the City Council wishes to approve said amendments to the Plan, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the amendment to the Transportation Capital Improvement Plan approved by
the Round Rock Transportation System Development Corporation, which is attached hereto
as Exhibit "A", is hereby approved.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of February 2006.
MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson •
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.C.4. Consider a resolution authorizing the Mavor to execute a Public Road
Crossing Agreement with the Union Pacific Railroad Company for A.W. Grimes Boulevard.
Tom Martin, Director of Transportation made the staff presentation. The A.W. Grimes
Boulevard Phase II project was awarded to RGM Constructors, L.P., by council action on July
14, 2005 in the amount of $ 4,978,357.76. This project is the second Phase of the A. W.
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FEBRUARY 9, 2006
Grimes improvements. Phase I constructed a six-lane section from SH 45 to Lake Creek.
The proposed agreement will allow Union Pacific Railroad (UPRR) to reconstruct their bridge
over Brushy Creek to accommodate the City's underpass. When complete, A.W. Grimes
Boulevard will provide a new arterial roadway from Lake Creek to US 79 and complete the
Arterial Roadway from SH 45 to US 79. The Public Road Crossing Agreement with the UPRR
• provides for the reconstruction of the railroad bridge over the proposed A.W. Grimes
Boulevard alignment South of US 79. This agreement also provides for the City's use of
UPRR right-of-way for the construction and maintenance of A.W. Grimes Boulevard. The
estimated cost of this work is $1,707,228.00, which is to be paid as follows:
$569,076.00 payable within 30 days of execution of agreement
$569,076.00 payable when reconstruction is 50% complete
$569,076.00 payable when reconstruction is 100% complete
RESOLUTION NO.
WHEREAS, in connection with the A.W. Grimes Boulevard Improvements, Phase II,
the Union Pacific Railroad Company ("UPRR") bridge over Brushy Creek must- be
reconstructed to accommodate the new roadway, and
WHEREAS, the Council wishes to enter into a Public Road Crossing Agreement with
UPRR, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Public Road Crossing Agreement with Union Pacific 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 9th day of February 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*10.D.1. Consider a resolution authorizing the Mayor to execute Change Order No.
3 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. 3, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
19. 8.
FEBRUARY 9, 2006
That the Mayor is hereby authorized and directed to execute on behalf of the City
Contract Change Order No. 3 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.
RESOLVED this 9th day of February 2006. •
10.D.2. Consider a resolution authorizing the Mayor to execute a contract with Mole-
Kassouf. J.V. for the McNutt Creek Wastewater Interceptor Project, Phase I. Tom Clark,
Director of Water and Wastewater Utilities made the staff presentation. The McNutt Creek
drainage basin is located on the eastern end of the City's ETI. There is no City water or
wastewater infrastructure in this part of the Round Rock ETJ. To prepare for the
development and growth, the City has developed a Wastewater Master Plan that includes
the construction of this interceptor to serve this area. Agreements with two Municipal Utility
Districts (MUD's) are in place that will pay a total of $5,700,000 towards construction of the
line. The project includes the construction of an 8,340 linear foot of 48" wastewater line to
extend from the existing Brushy Creek Regional Wastewater Plant located on the eastern
side of the City of Round Rock to a certain point along the McNutt Creek. With developer
participation of $5,700,000, the City's cost will be $4,428,830. The City will collect impact
fees totaling $5,737,258 when the two MUD's reach build out. The construction of this
interceptor will allow the developer's to tie into the City's wastewater system in the near
future. Five contractors submitted bids on this project. The bids and references were
reviewed. The lowest bid of $10,128,830 was received from Mole-Kassouf, J.V. Staff
recommended award of the bid to Mole-Kassouf, J.V.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the McNutt Creek
Wastewater Interceptor Project, Phase I, and
WHEREAS, Mole-Kassouf, JV has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Mole-Kassouf, IV, Now
Therefore
BE IT RESOLVED BY THE 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 Mole-Kassouf, JV for the McNutt Creek Wastewater Interceptor Project, Phase
I.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this •
Resolution and the subject matter hereof 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 February 2006.
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
II
h.
199
FEBRUARY 9, 2006
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.D.3. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Sanborn Map Company, Inc. for the 2005 GPS/GIS Mapping of
Water and Wastewater Features Project. Tom Clark, Director of Water and Wastewater
• Utilities made the staff presentation. The 2005 GPS/GIS Mapping of Water and Wastewater
Features project is a three-year project to consolidate the Water & Wastewater System
Maps developed in the 1980's and the current digital GIS Water and Wastewater System
Maps into one comprehensive map system. The City mapping system is currently in several
forms from hand drawn maps to digital data available on computer. This project will update
the City mapping database and merge the old data with new data to create one source for
all mapping. The project will also include GPS coordinates for 18,000 manholes, fire
hydrants and valves. When complete, utility crews and fire department personnel will be
able to access the information through desktop computer or laptop computer within the city.
The project is needed to assist utility crews to isolate pipeline segments for repairs and
during emergencies, assist the fire department in locating fire hydrants during emergencies
and will assist other City departments with planning information. A system has been
• developed for internal personnel to maintain the data and update new development to the
system. Responses were received from 10 firms that were reviewed by an internal
committee of 6 people. Three firms were chosen to provide an oral presentation to the
committee. The committee recommended the team of Sanborn Map Company, Inc. and
Baker- Aicklen to perform the work. The contact for service is $647,716.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for the 2005
GPS/GIS Mapping of Water and Wastewater Features Project, and
WHEREAS, Sanborn Map Company, Inc. has submitted a Contract for Engineering
Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract with Sanborn Map
Company, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Contract for Engineering Services with Sanborn Map Company, Inc. for the 2005 GPS/GIS
Mapping of Water and Wastewater Features 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 9th day of February, 2006.
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
2. 00
FEBRUARY 9, 2006
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.D.4. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement for Interim Water Supply with the City of Cedar Park and the Lower Colorado
River Authority. Tom Clark, Director of Water and Wastewater Utilities made the staff •
presentation. This agreement will allow for the sale of not more than 2 million gallons of
treated water per day to Cedar Park as needed until summer of 2010. Temporary sale of
water will allow Cedar Park to meet its projected needs for water in the eastern portion of
its City and allow them to delay their need for additional water treatment capacity. The
delay will save Round Rock and Cedar Park debt service expense. Under a separate
agreement, staff is negotiating an agreement with Williamson County MUD No. 9 to allow
for delivery of water to Cedar Park. The City is in the process of developing the Lake Travis
Regional Water Supply System by forming a partnership.with Cedar Park and the LCRA. This
Interlocal Agreement with the City of Cedar Park will allow for temporary water sales to
Cedar Park by Round Rock so that the schedule of improvements for constructing the
regional system can be delayed one year.
Mr. Clark outlined the details of the agreement and the improvements that will be •
provided. In addition, he responded to Mr. Johnson's comments made during Citizens
Communications.
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
Interim Water Supply with the City of Cedar Park and the Lower Colorado River Authority,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Interlocal Agreement for Interim Water Supply with the City of Cedar Park and the Lower
Colorado River Authority, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of February 2006. •
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
2 0 l
FEBRUARY 9, 2006
10.D.5. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement Regarding Construction of Regional Waterline with the City of Cedar Park and
the Lower Colorado River Authority. Tom Clark, Director of Water and Wastewater Utilities
made the staff presentation. This agreement will authorize the construction of
-approximately 11,000 feet of 72-inch waterline to be installed with the Cedar Park New
• Hope Road Improvements project from Bagdad Road to 183A. Total cost of the project is
estimated to be $11.6 million with Round Rock's share totaling $6,500,000. Staff
recommended authorization of a not to exceed amount of $6.5 million. This amount is based
upon the engineers cost estimate and if bids are higher than anticipated. Staff will return to
Council to request additional authorization. This agreement will guarantee Round Rock 40.8
Million Gallons per Day capacity in the pipeline. The Lake Travis Raw Water Supply System
study, completed, in September 2005, recommended-that the most cost effective
alternative to the City for accessing Lake Travis water was to develop a partnership with the
City of Cedar Park and / or LCRA to develop a regional treatment and delivery system. The
proposed treated water pipeline route will follow New Hope Road in Cedar Park which is
scheduled for construction to be completed March 2007. This Interlocal agreement will
allow the City of Round Rock to take advantage of the cost savings available by installing
• this relatively short portion of the regional delivery system, being 11,000 linear feet of a 72-
inch water line under partnership with Cedar Park and the LCRA.
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
Construction of Regional Waterline with the City of Cedar Park and the Lower Colorado River
Authority, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City,
subject to the City Manager's and City Attorney's approval of the final language and terms,
an Interlocal Agreement for Construction of Regional Waterline with the City of Cedar Park
and the Lower Colorado River Authority, a copy of same being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
• RESOLVED this 9th day of February 2006.
MOTION: Councilmember Williamson 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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
202
FEBRUARY 9, 2006
SUPPLEMENTAL AGENDA ITEMS
10.E.1. Consider a resolution authorizing the Mayor to execute an amendment to
the Walsh Ranch Municipal Utility District Consent Agreement. This item was withdrawn
from the agenda at the request of the developer.
10.E.2. Consider a resolution granting the consent of the City to the creation of
Walsh Ranch Municipal Utility District. Steve Sheets, City Attorney made the staff •
presentation. The Walsh Ranch is located west of Behrens Ranch on Sam Bass Road and has
a preliminary plat approved. The consent agreement and creation of the Walsh Ranch
Municipal Utility District was approved by the City Council on October 13, 2005. As a part of
the application process to the State, the developer is required to submit a resolution from
the City Council specifically granting the consent for the creation of the Walsh Ranch
Municipal Utility District. This resolution will comply with the developers' request to the
City.
RESOLUTION NO.
WHEREAS, the City of Round Rock has received a Petition for Consent to the Creation
of a Municipal Utility District, proposed to be known as Walsh Ranch Municipal Utility
District, upon certain land located in the City's extraterritorial jurisdiction, a copy of which
petition is attached hereto as Exhibit "1", and
WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Local
Government Code provide that land within a city's extraterritorial jurisdiction may not be •
included within a district without the city's written consent, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City hereby gives its written consent to the creation of a municipal utility
district, proposed to be known as Walsh Ranch Municipal Utility District, on the land
described in the attached petition, being 101.91 acres of land, more fully described by
metes and bounds on Exhibit "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 9th day of February 2006.
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
Councilmember Williamson
Mayor Maxwell •
Nays: None
ACTION: The motion carried unanimously.
COUNCIL COMMENTS: None
EXECUTIVE SESSION:
12.A. Executive Session as authorized by $551.071 Government Code related to
pending or contemplated litigation, to wit: Richard Wallace Pearce and Jesse Ray Bland vs
City of Round Rock et al, Cause No. 97-314-C277, Judicial District Court of Williamson
County, Texas.
}: 203
FEBRUARY 9, 2006
The Council recessed to the Executive Chamber for the Executive Session. Mayor
Maxwell called the Executive Session to order 9:26 p.m. and adjourned at 9:51 p.m.
The Council returned to the City Council Chamber for adjournment. No discussion or
action occurred.
ADJOURNMENT: There being no further business, the meeting adjourned at 9:52
p.m.
• Re pectfully Submitted,
Christine R. Martinez, CitySecretary
•
•
204
FEBRUARY 23, 2006
The Round Rock City Council met Regular Session on Thursday, February 23, 2006,
in the City Council Chamber, 221 E. Main Street.
CALL REGULAR SESSION TO ORDER:
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 Rufus Honeycutt, Councilmember Joe Clifford, Councilmember
Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Ted Williamson. Also
present were Assistant City Manager David Kautz and City Attorney Steve Sheets. Jim Nuse,
City Manager was absent.
CITIZENS COMMUNICATIONS:
Steve Garcia's students of Hopewell Middle School Musical Theatre Program gave a
brief performance of"Annie, Jr." that will be held on March 9-10 at Hopewell Middle School.
Alicia Carlile and members of the Round Rock Senior Foundation presented a check
to the Council in the amount of $26,029.18 for 76 six-foot tables and 400 chairs for the new
Allen R. Baca Center for Senior and Community Activities.
John Gordon, 1007 Green Meadow, reported that the Williamson County Symphonic •
Orchestra will be performing at the First United Methodist Church on March 10.
Jim Johnson, 811 Barton Springs Road, Austin; asked the Council not to take action
on the annexation of the Bison Tract at this time but that it be included in a written
"Annexation Plan."
PROCLAMATIONS:
5.A. Consider proclaiming February 25, 2006 as Arbor Day.
Mayor Maxwell read the following proclamation and presented in to Emsud
Horozovic.
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, 2006 is the 134th Anniversary of Arbor Day which is now a
nationally celebrated observance that encourages tree planting and tree care; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce life-giving oxygen, provide habitat for wildlife and beautify our community; •
and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and are a source of joy and spiritual renewal wherever they
are planted; and
WHEREAS, the Parks and Recreation Department's Forestry Division, with the
help of hundreds of volunteers will be planting 57 trees in High Country Park on
Saturday, February 25, 2006 from 9:00 a.m. to 12:00 noon for Arbor Day.
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock
do hereby proclaim February 25, 2006 as
"ARBOR DAY"
in the City of Round Rock and urge all citizens to support the efforts of
protecting our trees and woodlands and further urge all citizens to plant trees to
gladden the heart and promote the well-being of this and future generations.
PROCLAIMED this 25th day of February 2006.
., 'Vit:: •,{.
205
FEBRUARY 23, 2006
PRESENTATIONS:
6.A.1. Consider a presentation concerning the new state regulation, Local
Government Code Chapter 176 concerning city officials and vendors filing a conflicts
disclosure statement.
Barbara Boulware-Wells of the City Attorney's office gave an overview of a new state
• regulation that became effective January 1, 2006. This regulation requires that mayors,
councilmember's,.city managers or administrators, and certain city officials file a "conflicts
disclosure statement" with the city's records administrator (usually the city secretary) within
seven days of becoming aware of either of the following situations:
• A city officer or the officer's family member has an employment or business
relationship that results in taxable income with a person who has contracted with
the city or with whom the city is considering doing business.
• A city officer or the officer's family member receives and accepts one or more gifts
with an aggregate value of $250 in the preceding 12 months from a person who
conducts business or is being considered for business with the officer's city.
In addition, the regulation requires a vendor that wishes to conduct business or be
considered for business with a city to file a "conflict of interest questionnaire."
6.B.1. Consider a presentation regarding the City's 10-Year Comprehensive
Operational Plan. Will Hampton gave the following report on the 10-Year Comprehensive
• Operational Plan that was presented to the public at Open Houses in January and February.
• 10 Open House meetings
- 8 at voting precincts, 1 at Clay Madsen Recreation Center, 1 at Library
• 3 "other meetings (two at the Round Rock Chamber of Commerce, one at the
Senior. Center)
• "Online" Open House available from February 1 through February 15
• Public Forum on February 13
• 575 people provided input
• 487 at Open House meetings (446 residents, 41 non-residents)
• 88 via online (80 residents, 8 non-residents)
• 526 residents, 49 non-residents combined from Open House and online
• 293 offered written comments
Mr. Hampton reported the results of the:
• Scorecards
• Open house results
• Online results
• Combined results, residents only
• Effect of advice
• How residents would pay to maintain their chosen level of service
• Percentage of homes per valuation range
• Average tax increase by home value
• EMS Questions
• Cost Controllers
- Manage health care costs
- Create, maintain, and expand partnerships
- Facilitate sound economic development
- Maintain `growth pays for itself' philosophy whenever possible
- Efficiently manage the business of the City
206.
FEBRUARY 23, 2006
The Council inquired how this information could be integrated into the budget
process and if there were any plans for more forums.
6.C.1. Consider a presentation concerning the possible extension of Palm Valley
Boulevard to RM 620. Tom Word, Chief of Public Works Operations made the staff
presentation. To reduce traffic congestion and increase mobility along the US 79 and RM
620 corridors, the City, through the Transportation System Development Corporation, •
authorized PBS&J Engineering to conduct a feasibility study for a possible extension of Palm
Valley Boulevard to RM 620. Mr. Word's presentation outlined various alternatives for this
work as well as cost implications. He emphasized that staff was not recommending any
Council action on the information that was presented.
6.C.2. Consider a presentation on section 545.356 of the Transportation code
allowing municipalities to reduce the prima facie speed limit from 30-mph to 25-mph in an
urban district.
Thomas G. Martin, P.E., Transportation Services Director made the staff
presentation. At the last legislative session, House Bill 87 amended Section 545.356 of the
Texas Transportation Code by establishing that a municipality may reduce the speed limit
from the prima facie urban district speed limit of 30-mph to 25-mph. Under the amended
Transportation Code, all of the following conditions must be met: •
• The highway is not part of the marked state highway system;
• The highway is 35-feet or less in width;
• Vehicular traffic parking is not prohibited on one or both sides of the highway;
and
• The governing body determines the prima facie speed limit is unreasonable or
unsafe.
Before the City can forward with this, a finding must be made for each street separately.
This would require the City to conduct an "engineering and traffic investigation" for each
street individually, following the guidelines found in the "Procedure for Establishing Speed
Zones" as adopted by the Texas Transportation Commission. It is possible that two adjacent
local residential streets could have two different findings from the engineering and traffic
investigation resulting and the other street being reduced to 25 mph. In conclusion, it is
very likely that applying HB 87 in Round Rock will result in confusion to the public as to the
speed limits within the City's residential subdivisions with some streets changing to 25 mph •
and other staying a the existing 30 mph.
6.D.1. Consider a presentation concerning the proposal to place the sale of McNeil
Park on the May 13, 2006 election ballot. David Kautz, Assistant City Manager gave the
history, description and location of McNeil Park. Rick Atkins, Parks and Recreation Director
outlined the purpose for the proposal to sale McNeil Park.
• The City has "outgrown" McNeil and Bluff fields.
207
FEBRUARY 23, 2006
• Consolidation of the fields will maximize use of the complex and well as programs.
• The sale of this property will allow for a better land use of the existing property.
• Funds would allow the expansion of the adult softball complex to be in one location
at Old Settlers Park at Palm Valley.
• Would allow Round Rock to host state tournaments.
CONSENT AGENDA:
• The following items were considered to be routine by the City Council and were
enacted by one motion. There was no separate discussion on any of these items and no
items were removed from the consent agenda.
*8.A. Consider approval of the City Council minutes for February 9, 2006.
*10.13.1. Consider a resolution authorizing the Mayor to execute a Grant Award
Notice with the Governor's Division of Emergency Management for the 2004 State
Homeland Security Program.
*10.C.2. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Annual Purchasing Agreement for Analytical Services for Water
Plant with the Lower Colorado river Authority - Environmental Laboratory Services.
"10.C.3. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Annual Purchasing Agreement for Analytical Services for Water
• Plant with DHL Analytical, Inc.
*10.C.4. Consider a resolution authorizing the Mayor to execute Change Order No. 1
with F.T. Woods Construction Services, Inc. for the construction of the East Water
Transmission Line, Phase 3A-2.
MOTION: Councilmember Rhode moved to approve all the items on the consent
agenda. Councilmember Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor.Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
• *8.A. Consider approval of the City Council minutes for February 9, 2006. This item
was approved under the consent agenda.
ORDINANCES:
9.A.1. Consider an ordinance annexing approximately 453 acres of land out of the
Joseph Marshall and P.A. Holder Surveys. (Harris/Bison/Telander/Keller/Krienke/Elrod/Reid
Tract) (Hwy 79) (First Reading) The Council recessed to the Executive Chamber for an
Executive Session regarding this item. As authorized by Texas Government Code Sections
.208-
FEBRUARY 23, 2006
551.071, Consultation with Attorney, the Executive Session was called to order by Mayor
Maxwell at 8:59 p.m. and adjourned at 9:16 p.m. The Council returned to the Council
Chamber to continue with this item.
Jim Stendebach made the staff presentation. Despite the prominent location of this
tract, the City has been reluctant to annex the property and provide utility service to it until
the accessibility issues related to the railroad tracks could be resolved. (The tracks run •
parallel to Hwy. 79 along the north boundary of the property, effectively cutting off the
property from the highway.) To provide access to the property, the City is currently
working with Williamson County to extend Arterial A to the tract and to permit temporary
access to the site from an at-grade crossing directly across from Harrell Parkway. With
these access issues being resolved, and with water and wastewater lines already bordering
the property, the,City is now in a position to annex the property. Annexation will allow the
City to apply zoning regulations to the property and preclude any undesirable development,
such as mini-warehouses, that can be operated without City utilities. It will also allow the
City to ensure that the property is used in a way that takes into account both the unique
development constraints of the property and the overall land use policies of the City.
Statutory requirements for notices to the public regarding the annexation of these tracts
were completed. •
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT:
APPROXIMATELY 453 ACRES DESCRIBED IN EXHIBIT -A", ALL OF SAID PROPERTY BEING
SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR
ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE
SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY
AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH
PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS
OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED;
PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
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 Williamson 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
.. 209,
FEBRUARY 23, 2006
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
RESOLUTIONS:
10.A.1. Consider a resolution authorizing the Mayor to execute a Professional
. Services Contract with Raba-Kistner-Brytest Consultants, Inc. for construction materials
testing services for Kiphen road, Phase II. Thomas G. Martin, P.E., Transportation Services
Director made the staff presentation. The scope of work includes the observation and
testing to the following construction materials: Laboratory testing, in place field nuclear
density testing, and proof rolling observation; Concrete compressive strength specimen
sampling, testing and reporting; and, Hot mix asphalt concrete (HMAC) testing. Raba
Kistner Brytest Consultants, Inc., provided similar construction materials testing services for
A.W. Grimes Boulevard Phase I and the Doublecreek Drive and Forest Creek Drive Projects.
They are familiar with City of Round Rock Procedures and submittal requirements. The cost
of services is $55,110.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain professional services for
construction materials testing for the Kiphen Road, Phase II Project, and .
• WHEREAS, Raba-Kistner-Brytest Consultants, Inc. has submitted a Consulting
Services Agreement for Construction Materials Testing to provide said services, and
WHEREAS, the City Council desires to enter into said agreement with Raba-Kistner-
Brytest Consultants, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Consulting Services Agreement for Construction Materials Testing with Raba-Kistner-Brytest
Consultants, Inc. for the Kiphen Road Phase II Project, a copy of said agreement being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of February, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*10.B.1. Consider a resolution authorizing the Mayor to execute a Grant Award
Notice with the Governor's Division of Emergency Management for the 2004 State
Homeland Security Program. This item was approved under the consent agenda.
RESOLUTION NO.
210
FEBRUARY 23, 2006
WHEREAS, the City of Round Rock has been previously awarded grant funds from the
Texas Engineering Extension Service through the 2004 State Homeland Security Program,
and
WHEREAS, administration of said grant has been transferred from the Texas
Engineering Extension Service to the Governor's Division of Emergency Management, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Grant Award Notice from the Governor's Division of Emergency Management, a copy of
same being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that •
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of February, 2006.
10.B.2. Consider a resolution designating Fire Captain Mark Selby as the City's
Emergency Management Coordinator, and Designating Police Lieutenant Richard Johnson as
the City's Assistant Emergency Management Coordinator. Larry Hodge, Fire Chief made the
staff presentation. Section 4 18.101 of the Texas Government Code provides that the
presiding officer of each political jurisdiction of the State shall notify the Division of
Emergency Management of the manner in which the political subdivision is providing an
emergency management program and identify the person who heads that program. Fire
Marshal Keith Tanner, who recently retired, was the designated Emergency Management
Coordinator for the City of Round Rock. Staff recommended that Captain Mark Selby be •
appointed as the Emergency Management Coordinator and that Police Lieutenant Richard
Johnson be appointed the Assistant Emergency Management Coordinator. Captain Selby
has served as the Assistant Emergency Management Coordinator for several years and is
uniquely qualified to step up to the Coordinator's position. Captain Selby's competency in
Emergency Management was evidenced by his role in the management of the Emergency
Operations Center (EOC) during the Katrina evacuation. Lieutenant Johnson is uniquely
qualified to fill the Assistant Coordinator's position by his years of experience and training in
Emergency Management activities. Lieutenant Johnson's competency in Emergency
Management was evidenced by his role in the management of the EOC during the Katrina
evacuation.
RESOLUTION NO.
WHEREAS, Section 418.101 of the Texas Government Code provides that the •
presiding officer of each political jurisdiction of the State of Texas shall notify the Division of
Emergency Management of its designated Emergency Management Coordinator, and
WHEREAS, the City of Round Rock wishes to designate Fire Captain Mark Selby as
the City's Emergency Management Coordinator, and Police Lieutenant Richard Johnson as
the City's Assistant Emergency Management Coordinator, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That Fire Captain Mark Selby is hereby designated as the City's Emergency
Management Coordinator, and Police Lieutenant Richard Johnson is hereby designated as
the City's Assistant Emergency Management Coordinator, and
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Emergency Management Director/Coordinator Notification, 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
211
FEBRUARY 23, 2006
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 February, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.C.1. Consider a resolution accepting the recommendations of the Capital
Improvements Impact Fee Advisory Committee contained in the Capital Improvements Plan
Progress Semiannual Report. Tom Clark, Water and Wastewater Utilities Director made the
staff presentation. Water and wastewater impact fees are charged to offset the cost of
constructing infrastructure to keep up with development. Impact fees allow for growth to
pay for itself rather than being paid for by ratepayers. An Advisory Committee is comprised
of the Planning and Zoning Commission, a non-voting member from Williamson County and
• a non-voting member of the Home Builders Association of Austin. The committee meets
semiannually to review the semiannual report and recommends to Council any perceived
inequities in implementing the plan or imposing the impact fee. The Local Government Code
Section 395.058 requires the Capital Improvements Impact Fee Advisory Committee to
report to the political subdivision the progress of the capital improvements plan and any
perceived inequities in implementing the plan or imposing the impact fee. The semiannual
report for the reporting period of April 1, 2005 to September 30, 2005 was provided to the
Council. Mr. Clark added that the Committee met on January 11, 2006 and reviewed the
report and determined there are no inequities in implementing the plan or imposing the fee.
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,, peed to update the land use
assumptions, capital improvements plan, and impact fees, and
WHEREAS, the Committee met on January 11, 2006 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
212
FEBRUARY 23, 2006
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of January, 2006.
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 Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*10.C.2. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Annual Purchasing Agreement for Analytical Services for Water
Plant with the Lower Colorado River Authority - Environmental Laboratory Services. This
item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into an Annual Purchasing
Agreement for Analytical Services for Water Plant with Lower Colorado River Authority -
Environmental Laboratory Services, and
WHEREAS, Lower Colorado River Authority - Environmental Laboratory Services has
submitted Supplemental Agreement No. 1 to the Agreement to extend the contract date,
and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 •
with Lower Colorado River Authority - Environmental Laboratory Services, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Agreement No. 1 to the Annual Purchasing Agreement for Analytical Services
for Water Plant with Lower Colorado River Authority - Environmental Laboratory Services, 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 February, 2006.
*10.C.3. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Annual Purchasing Agreement for Analytical Services for Water
Plant with DHL Analytical, Inc. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into an Annual Purchasing
Agreement for Analytical Services for Water Plant with DHL Analytical, Inc., and
WHEREAS, DHL Analytical, Inc. has submitted Supplemental Agreement No. 1 to the •
Agreement to extend the contract date, and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1
with DHL Analytical, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Agreement No. 1 to the Annual Purchasing Agreement for Analytical Services
for Water Plant with DHL Analytical, 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.
213
FEBRUARY 23, 2006
RESOLVED this 23rd day of February, 2006.
*10.C.4. Consider a resolution authorizing the Mayor to execute Change Order No.
1 with F.T. Woods Construction Services, Inc. for the construction of the East Water
Transmission Line, Phase 3A-2. This item was approved under the consent agenda.
RESOLUTION NO.
• WHEREAS, the City of Round Rock has previously entered into a contract
("Contract") with F.T. Woods Construction Services, Inc. for the construction of the East
Water Transmission Line, Phase 3A-2, 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 F.T. Woods Construction Services, Inc. for
the construction of the East Water Transmission Line, Phase 3A-2, 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 23rd day of February, 2006.
10.D.1. Consider a resolution calling the May 13, 2006 City Election. This
resolution calls the May 13, 2006 City Election to elect Council, Place 3, Council, Place 5,
and includes a proposition for the sale of McNeil Park. The last day to file an application for
• alace on the ballot t i s 5:00 p.m. March 13, 2006. Early voting will be held from May 1
through May 9, 2006.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION FOR MAY
13, 2006 FOR THE PURPOSE OF ELECTING CERTAIN OFFICIALS AND FOR SUBMITTING TO
THE VOTERS A PROPOSITION FOR OR AGAINST SELLING CITY-OWNED PARKLAND;
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 ELECTION;
CERTIFYING PROVISION OF REQUIRED ACCESSIBLE VOTING SYSTEMS AT EACH POLLING
PLACE; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.D.2. Consider a resolution authorizing the Mayor to execute an Election Services
Contract with the Williamson County Election Administrator for the May 13, 2006 City
Election. This contract is for election services from the Williamson County Election
Administrator to conduct the City's election on May 13, 2006. This agreement outlines the
responsibilities of the Election Administrator and the City for the election.
214
FEBRUARY 23, 2006
RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to enter into a contract with the
Williamson County Elections Administrator to conduct the May 13, 2006 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 May 13, 2006 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 23rd day of February, 2006.
MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
10.D.3. Consider a resolution authorizing the Mayor to execute an Election Services
Contract with the Travis County Election Administrator for the May 13, 2006 City Election.
This contract is for election services from the Travis County Election Administrator to
conduct the City's election on May 13, 2006. This agreement outlines the responsibilities of
the Election Administrator and the City for the election. The City has two precincts in Travis
County, which are T-200, which is located in the Flower Hill area and T-225, which is located
west of IH-35, in the 1325 and SH-45 area.
RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to enter into a contract with the Travis
County Elections Administrator to conduct the May 13, 2006 election, and
WHEREAS, the Travis 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 Travis County Elections Administrator to conduct the
May 13, 2006 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 23rd day of February, 2006.
MOTION: Councilmember Clifford moved to approve the resolution. Councilmember
McGraw seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
215,
FEBRUARY 23, 2006
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
COUNCIL COMMENTS: None
EXECUTIVE SESSION:
12.A. Executive Session as authorized by 5551.071 Government Code, related to
pending or contemplated litigation, to wit: Richard Wallace Pearce and Jesse Ray Bland vs.
City of Round Rock et al, Cause No. 97-314-C277, Judicial District Court of Williamson
County, Texas.
The Council recessed to the Executive Chamber for the Executive Session. Mayor
Maxwell called the Executive Session to order at 9:45 p.m. and adjourned back into regular
session at 10:20 p.m.
10.D.4. Consider a resolution authorizing the Mayor to execute a settlement
agreement concerning the Richard Wallace Pearce and Jesse Ray Bland vs. City of Round
Rock et al, lawsuit.
This item was withdrawn from the agenda.
ADJOURNMENT: There being no further business, the meeting adjourned at 10:21 p.m.
Respectfully Submitted,
Christine R. Martinez, City Secretary
216
MARCH 9, 2006
The Round Rock City Council met Regular Session on Thursday, March 9, 2006, 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, Councilmember Scott Rhode and Ted Williamson. Also present were City
Manager Jim Nuse and City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS:
Jennifer Folster, 2805 Deerfern Lane, expressed her concern regarding community
developer DR Horton not building architecturally compatible homes in Phase I of Settlers
Overlook.
PUBLIC HEARINGS:
5.A.1. Consider public testimony regarding the proposed annexation of 30.05 acres
of land out of the Joseph Marshall Survey. (Highland Terrace) Jim Stendebach, Planning
Director made the staff presentation. This tract is known as Highland Terrace and totaling
30.05 acres is located on the westside of Red Bud Lane. It is adjacent to single-family
residential development on the west and north and a commercial planned unit development
to the south. It is the city's desire to annex this tract in order to control the development
and preserve the integrity of the surrounding existing residential neighborhoods. Two public
hearings will be held regarding this annexation this one and on March 23, 2006.
Mayor Maxwell opened the public hearing.
The following individuals spoke on the annexation of Highland Terrace.
Joel Robuck, 3816 Del Mar, Dallas, TX, developer of Lake Forest
Kay Kitts, owns Lot 7
Robert Bunnell, owns Lots 4,5,6
Mike Owens, 1828 Bluff
Robert Carlin, owns Lot 2
Marion Jenkinson, owns Lot 10
Sophia Carlin, owns Lot 2
Liz House, 1818 Bluffwood Place
Billy Arimes, owns Lot 12
Ken Smith, owns Lot 3
There being no further testimony, the public hearing was closed.
5.A.2. Consider Public testimony regarding the pro
osed annexation of 69.557 acres
of land out of the Willis Donaho Survey. (GCLC, Northpark at Old Settlers, Park Central
Building and Preece Tract) Jim Stendebach, Planning Director made the staff presentation.
This tract of land known as GCLC, Northpark@ Old Settlers, Park Central Building and the
Preece Tract (Christianson and Chasco tracts) totaling 69.557 acres is located on the south
side of CR 113 (Kiphen Road) and east of the FM 1460. It is adjacent to single-family
residential development known as the Meadows of Chandler Creek Municipal Utility District
217
MARCH 9, 2006
to the south. It is the City's desire to annex this tract in order to control the development
along this portion of CR 113 (Kiphen Road). Two public hearings will be held regarding this
annexation this one and on March 23, 2006.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
5.A.3. Consider public testimony regarding community needs for the development
of the 2006-2007 Community Development Annual Action 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 are held to obtain
citizens' views on community needs for the preparation of a consolidated plan. Comments
gathered at public hearings will be considered for plan development and noted in the final
document that will be adopted by the City and presented to the Department of Housing and
Urban Development in August 2006. This is the final public hearing in a series of four being
held to gain input from citizens. Public hearings were held at United Way of Williamson
County with public service agencies on 2/28/06; at City Hall before the Community
Development Advisory Commission on 3/2/05; and on 2/23/05 at Round Rock Housing
Authority Cushing Center. Notice of the public hearings was published in the Round Rock
• Leader on Thursday, February 16, 2006 and was posted on the bulletin board at City Hall on
February 13, 2006.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by
one motion. There was no separate discussion on any of these items and no items were
removed from the consent agenda.
*7.A. Consider approval of City Council minutes for February 22, 2006 and
February 23, 2006.
*9.F.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No..1 to the Agreement for Purchase of Vegetation Control Services with
Greenlander, LLC.
*9.G.2. Consider a resolution authorizing the Mayor to execute Change Order No. 3
to the Contract with H. Deck Construction Co. for the Round Rock West Street
Improvements Project.
MOTION: Councilmember Honeycutt moved to approve all the items on the consent
agenda. Councilmember Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
.218-
MARCH
VMARCH 9, 2006
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*7.A. Consider al2proval of City Council minutes for February 22, 2006 and
February 23, 2006. This item was approved under the consent agenda.
ORDINANCES:
8.A.1. Consider an.ordinance determining the public necessity for the acquisition of
a permanent tunnel wastewater line easement on a 2.092-acre tract, a 0.158-acre tract and
a 0.384-acre tract and a 0.609 acre temporary staging and storage easement for the
McNutt Creek Wastewater Interceptor and if necessary, authorizing the City Attorney to
initiate eminent domain proceedings (Tunnel Easement-Beverly Johnson Gordon) (First
Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance provides
authorization to initiate eminent domain proceedings, if necessary, to acquire the various
acreage to complete the McNutt Creek Wastewater Interceptor Tunnel Easement.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A
PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A 0.294 ACRE AND A 0.315 ACRE
TEMPORARY STAGING AND STORAGE EASEMENT AREA (EXHIBIT A-1), A 2.092 ACRE •
(EXHIBIT A-2), A 0.158 ACRE (EXHIBIT A-3) AND A 0.384 ACRE (EXHIBIT A-4) PERMANENT
TUNNEL WASTEWATER LINE EASEMENT; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE
MCNUTT CREEK WASTEWATER INTERCEPTOR PROJECT, AND ASSOCIATED PUBLIC USE
AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY;
AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
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 Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
r 219
MARCH 9, 2006
8.B.1. Consider an ordinance re-adopting guidelines and criteria governing
reinvestment zones and tax abatement agreements within the city limits or extraterritorial
jurisdiction of the City of Round Rock. (First Reading) Joe Vining, Executive Director of
Community Development made the staff presentation. The state requires that cities utilizing
tax abatement as an incentive for new investment in the community adopt criteria that
• guide the council in their decision-making. Since adopting the matrix two years ago, staff
discovered that new businesses needed to be treated differently from existing businesses.
A new section was added to the guidelines and criteria. In addition, some minor
modifications were made to the overall criteria.
Steve Sheets, City Attorney outlined the new section. He pointed out that
Existing Primary Jobs should be 1 point per 4 jobs and Existing Non-primary Jobs should be
1 point per 6 jobs and the ordinance will be corrected to reflect this change.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.704, CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS TO AMEND AND RE-ADOPT GUIDELINES AND
CRITERIA GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS
WITHIN THE CITY LIMITS OR EXTRATERRITORIAL JURISDICTION OF ROUND ROCK, TEXAS;
PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
MOTION: Councilmember 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
Councilmember Williamson
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 Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
• Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
8.C.1. Consider an ordinance changing the methodology of calculating the winter
wastewater averages for the current year. (First Reading) Cindy Demers, Finance Director
made the staff presentation. The City's wastewater rates for retail customers are based on
the average monthly water consumption for the months of December, January, and
February of each fiscal year. Due to unusually warm and dry weather during the months of
December 2005, January and February 2006, citizens may have applied above normal
220
MARCH 9, 2006
amounts of water to the landscaping. This ordinance establishes the methodology for billing
wastewater under these abnormal conditions. In order to be fair to the customer, staff will
drop the highest month of water usage and average the two remaining months to get the
calculation for the current year.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE METHODOLOGY OF DETERMINING THE AMOUNT OF •
WASTEWATER SERVICE USED FOR BILLING PURPOSES FROM MARCH 15, 2006 UNTIL THE
AMOUNT OF WASTEWATER SERVICE USED IS RE-DETERMINED IN ACCORDANCE WITH
CHAPTER 10, SECTION 10.202(1)(C), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS; 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
Councilmember Williamson
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 Salinas seconded the motion. •
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
RESOLUTIONS:
9.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with Chandler Creek, LP for the ourchase of 1.377 acres for the Fire Station No. 7
Project. Jim Nuse, City Manager made the staff presentation. This contract provides for a
station site that gives the best response time for the largest area possible in the north
central area of the City. Staff evaluated a dozen sites in the University Boulevard/IH-35
area. This site provided the best combination of response time, building conditions, and safe •
access to adjacent roadway's.
Steve Sheets, City Attorney outlined the Real Estate contract, which is for
$388,684.00.
RESOLUTION NO.
WHEREAS, the City desires to purchase a 1.377 acre tract of land for Fire Station
Number 7, and
WHEREAS, Chandler Creek, LP, 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,
'I
, I
221
MARCH 9, 2006
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Real Estate Contract with Chandler Creek, LP, 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 9th day of March 2006.
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 Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.B.1. Consider a resolution granting authority to the Mayor to execute an electrical
power purchase contract with a retail electric provider to provide electric power to the City.
Cindy Demers, Finance Director made the staff presentation. Since deregulation of the
electric market, the City of Round Rock has procured electricity as a member of the
• Governmental Aggregation Project (GAP) and most recently as a member of Houston
Galveston Area Council of Governments (HGAC). The City's current contract with
Constellation New Energy, Inc. expires on June 30, 2006. Current trends in the cost of
natural gas are improving and are expected to continue to improve through early spring. In
addition to the HGAC process, the City will also solicit pricing from retail electric providers.
This resolution grants the Mayor the authority to execute the negotiated contract that
results from this process. 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
WHEREAS, the City's current electric contract expires on June 30, 2006, and
WHEREAS, the City is in the process of soliciting pricing from several Retail Electric
Providers (REP), 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) the term of the Contract is no less than six months and no more than two
years;
(ii) 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;
222.
MARCH 9, 2006
(iii) that the REP recommend by GAP was selected in a
competitive process in
P
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 ower than its historic ower usage; and
P P 9
(c) ability to provide detailed, consolidated billing for the City and to
provide current electrical load data for the City.
Section 3:. This Resolution shall take effect upon adoption.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that •
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of March, 2006.
MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.B.2. Consider a resolution authorizing the Mayor to execute an Agreement
Extending the Depository and Banking Services Contract with Bank of America, N.A. Cindy
Demers, Finance Director made the staff presentation. The current depository contract with •
Bank of America expires April 30, 2006. This one (1) year extension allows the City to
continue to receive the depository services with no additional increases in fees for services
over this one-year period. There are no changes to the current contract other than the time
extension. The Local Government Code and the City's Investment Policy require that the
City request proposals for depository services every five (5) years. Bank of America
submitted the winning proposal in 2002. This extension takes the contract out an additional
one (1) year, for a final year as permitted by law at a cost of approximately $48,000 per
year.
RESOLUTION NO.
WHEREAS, the City, on April 30, 2002 entered into a Depository and Banking
Services Contract with Bank of America, N.A., said Contract providing for expiration on April
30, 2004, and
WHEREAS, paragraph II of said Contract authorizes the parties to extend the existing
Depository and Banking Services Contract, by mutual agreement, for a period not to exceed •
the period allowed by the City's Comprehensive Investment Policy, which period expires on
April 30, 2007, and
WHEREAS, by Resolution No. R-04-04-22-14F4 dated April 22, 2004, the City and
Bank of America, N.A. did extend the Depository and Banking Services Contract until April
30, 2006, and
WHEREAS, the City and Bank of America, N.A. now desire to extend the Depository
and Banking Services Contract for a period of one additional year, so that the term of said
Contract shall expire on April 30, 2007, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
I.
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement Extending Depository and Banking Services Contract with Bank of America, N.A.,
a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
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MARCH 9, 2006
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 March, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.C.1. Consider a resolution authorizing the Mayor to execute and accept a Bill of
Sale and Assignment for the purchase of the West Round Rock Water System Improvements
from the Brushy Creek Municipal Utility District. Tom Clark, Water and Wastewater Utilities
Director made the staff presentation. On August 22, 2002, the Council authorized the
purchase of the West Round Rock Water System Improvements from Brushy Creek MUD.
The MUD stopped taking water from the City on January 16, 2006 and requested early
• termination of the wholesale water supply agreement. The Brushy Creek MUD Wholesale
Water Agreement expires October 14, 2006. The Sale of the West Round Rock Water
System Improvements agreement contains a provision that allows for early termination as
early as January 1, 2006. The MUD constructed its own water treatment plant, which
became fully operational on January 16, 2006 and has requested early termination of the
agreement. On August 22, 2002, the City and MUD reached agreement for the purchase of
water pipeline transmission facilities and a ground storage tank that were used partially to
deliver treated water to the MUD. The assets were constructed at a cost of$6.9 million for
which the City is paying $3.6 million.
RESOLUTION NO.
WHEREAS,, the City of Round Rock desires to acquire water system improvements
from the Brushy Creek Municipal Utility District, and
WHEREAS, on August 22, 2002, the City of Round Rock entered into an Agreement
Concerning Purchase and Sale of West Round Rock Water,$ystem Improvements with the
Brushy Creek Municipal Utility District, and
• WHEREAS, the City now wishes to enter into a Bill of Sale and-Assignment for the
purchase of the West Round Rock Water System Improvements, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Bill of Sale and Assignment with the Brushy Creek Municipal Utility District for the purchase
of the West Round Rock Water System Improvements, 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 March, 2006.
224
MARCH 9, 2006
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None •
Mayor Pro-tem McGraw was out of the room when the
vote was taken.
ACTION: The motion carried unanimously.
9 D 1 Consider a resolution authorizing the City Manager to request from the
Department of Housing and Urban Development a waiver from repayment of Community
Development Block Grant funds expended for rehabilitation of the Senior Center at 205 East
Main Street and approving a restrictive covenant on the Allen R. Baca Center for Senior and
Community Activities. Mona Ryan, Community Development Coordinator made the staff
presentation. The Senior Center on Main Street required emergency repairs. CDBG Program
Year 2001, Activity #147 funds were used, over a period of 4 years, for the repairs, which
totaled $69,331. The facility continues to fail structurally and it is in the best interest of the
City to have it demolished. This proposal has been discussed with the San Antonio field
office and they are receptive of the proposal. HUD has requested a formal letter from the
City Manager with the restrictive covenant. This waiver of repayment will be requested
from HUD in return for transferring the liability (providing services for senior citizens) from
the Senior Center on Main Street to the new Allen R. Baca Center for Senior & Community
Activities for a period of no less than five years. There is a five-year period that begins at
the close out of a rehabilitation project where the original use of the public facility must be
maintained or funds must be reimbursed to HUD. In addition, a restrictive covenant
committing a portion of the Allen R Baca Center for Senior & Community Activities to be
restricted for use as a Senior Center will be filed only upon final approval from HUD.
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 ("CDBG")
Program, and
WHEREAS, the City of Round Rock amended the 2001-2002 Annual Action Plan (the
"Plan") to reallocate CDBG funds to add the Senior Center Repair Project (the "Project"),
and
WHEREAS, on May 8, 2002, after the expiration of the public comment period, the •
City of Round Rock submitted to HUD a Request for Release of Funds for the Project, in
compliance with HUD regulations, and
WHEREAS, the City of Round Rock has constructed the Allen R. Baca Center for
Senior and Community Activities (the "Center"), and
WHEREAS, HUD regulations require activities under a project to remain in place for a
period of at least five (5) years after funds have been expended, and
WHEREAS, the City wishes to receive a waiver from any requirement for the
repayment of funds expended on the Project by applying for said waiver and impressing the
Center with covenants and restrictions, in compliance with HUD regulations, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby authorizes and directs the City Manager to submit a
letter to HUD requesting a waiver for the repayment of funds expended, said letter shall
serve as the application to HUD for the waiver.
BE IT FURTHER RESOLVED,
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MARCH 9, 2006
That the City Manager is hereby authorized and directed to execute and record on
behalf of the City the "Declaration of Restrictive Covenant Regarding the Allen R. Baca
Center for Senior and Community Activities" (the "Declaration"), attached hereto and
incorporated herein as Exhibit "A". The execution and recordation of the "Declaration" shall
be contingent upon the approval of the waiver by HUD, with the understanding that if the
waiver is not granted, the "Declaration" shall be void.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 March, 2006.
MOTION: Councilmember Honeycutt moved to approve the resolution.
Councilmember Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
9.E.1. Consider a resolution supporting the multi-jurisdictional application to the
Texas Department of Transportation for grant funds for the construction of the SH
130/Brushy Creek Regional Trail. Emsud Horozovic, Parks and Recreation made the staff
• presentation. This resolution of support is necessary for an application for grant funds that
would be used to design and construct a hike and bike trail from Travis County's northeast
Metro Park to Old Settlers Park at Palm Valley. Round Rock's pro-rata share of the
necessary matching funds is $80,000.00. These monies would only be committed if the
grant application is successful. This grant application is being coordinated by Travis County,
with cooperation from Round Rock, Hutto, and Williamson County. The proposed trail would
run along SH.130 to Hutto and then along Brushy Creek to the City of Round Rock's Brushy
Creek East Trail. From there the trail would follow Chandler Branch under US 79 to Old
Settlers Park at Palm Valley.
RESOLUTION NO.
WHEREAS, the City of Round Rock, along with Travis County, Williamson County, the
City of Pflugerville, and the City of Hutto supports the implementation of the SH 130/Brushy
Creek Regional Trail, and
WHEREAS, the City of Round Rock is in support of submitting a grant application to
the Texas Department of Transportation for funds from the Safe, Accountable, Flexible and
• Efficient Transportation Equity Act - a Legacy for Users (SAFETEA-LU) to be used to design
and construct a hike and bike trail from Travis County's Northeast Metro Park to Old Settlers
Park at Palm Valley, known as the SH 130/Brushy Creek Regional Trail, and
WHEREAS, said grant application requires a resolution from the City Council that
provides a commitment to provide, along with the other aforesaid governmental entities, a
20% match of local funds, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City of Round Rock supports the submission of a multi-jurisdictional
application to the Texas Department of Transportation for grant funds from the Safe,
Accountable, Flexible and Efficient Transportation Equity Act - a Legacy for Users for the SH
130/Brushy Creek Regional Trail, and the City further commits to provide its share of the
20% local fund match. The foregoing commitment is contingent upon the application being
accepted by the Texas Department of Transportation
The City Council hereby finds and .declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
226
MARCH 9, 2006
such meeting was open to the public as required by law at all times during which this
Resolution and the ec sub
jt matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act Chapter 551 Texas Government Code
P 9 P , as
amended.
RESOLVED this 9th day of March, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*9.F.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Agreement for Purchase of Vegetation Control Services with
Greenlander, LLC. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into an Agreement for
Purchase of Vegetation Control Services ("Agreement") with Greenlander, LLC, and
WHEREAS, Greenlander, LLC has submitted Supplemental Agreement No. 1 to the
Agreement to renew the contract term, and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1
with 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
Supplemental Agreement No. 1 to the Agreement for Purchase of Vegetation Control
Services with Greenlander, LLC, 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 March, 2006.
9.F.2. Consider a resolution authorizing the Mayor to execute a Reimbursement
Agreement with McLeoud USA Telecommunications Services for the IH-35 Area
Improvement Project. Thomas G. Martin, P.E., Transportation Services Director made the
staff presentation. This agreement will provide reimbursement to McLeod USA
Communications for adjusting the location of their fiber optic cable. The cable location is in
conflict with Chandler Road in conjunction with the IH-35 Area Improvements Project. Cost
is $ 51,000.00. This work is for the relocation of utilities within the right-of-way of the IH-35 •
Area Improvements Project. This project was awarded by the Texas Transportation
Commission in September 2005 and is scheduled for construction in December.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a Reimbursement
Agreement with McLeod USA Telecommunications Services ("McLeod") for the relocation of
fiber optic cables owned by McLeod in connection with the IH-35 Area Improvements
Project, and
WHEREAS, McLeod has submitted a Supplemental Reimbursement Agreement to the
Agreement to provide for additional work, and
22
MARCH 9, 2006
WHEREAS, the City Council desires to enter into said Supplemental Reimbursement
Agreement with McLeod, Now Therefore
BE IT RESOLVED BY 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 Reimbursement Agreement to the Reimbursement Agreement with McLeod
USA Telecommunications Services, 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 March, 2006.
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
Councilmember Williamson was out of the room when
the vote was taken.
ACTION: The motion carried unanimously.
9.G.1. Consider a resolution authorizing the Mayor to execute a Standard Form of
Agreement between Owner and Architect and Supplemental Agreement No. 1 with Brinkley
Sargent Architects for the design and construction of the Police Station at the Tellabs
•
Building located at 601 Jeffrey Way. Tom Word, P.E., Chief of Public Works Operations
made the staff presentation. This agreement provides for professional design services to the
renovation of an existing building formerly owned by Tellabs, Inc. This renovation is being
designed to house the Round Rock Police Department. The agreement is for $1,127,000.00.
Chief Williamson reported that 75,000 square feet will be renovated and the
remaining section will be "shelled out."
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain professional architectural
services for the design and construction phase of the new Police Station at the Tellabs
Building located at 601 Jeffrey Way, and
WHEREAS, Brinkley Sargent Architects, Inc. has submitted a Standard Form of
Agreement Between Owner and Architect with Standard Form of Architect's Services
("Agreement"), and Supplemental Agreement No. 1 to provide said services, and
WHEREAS, the City Council desires to enter into said Agreement, and Supplemental
Agreement No. 1 with Brinkley Sargent Architects, Inc.,'Now,Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
• That the Mayor is hereby authorized and directed to execute on behalf of the City a
Standard Form of Agreement Between Owner and Architect with Standard Form of
Architect's Services ("Agreement"), and Supplemental Agreement No. 1 with Brinkley
Sargent Architects, Inc. for the design and construction phase of the new Police Station, a
copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of March, 2006.
228
MARCH 9, 2006
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
Councilmember Williamson
Mayor Maxwell •
Nays: None
ACTION: The motion carried unanimously.
*9.G.2. Consider a resolution authorizing the Mayor to execute Change Order No. 3
to the Contract with H. Deck Construction Co. for the Round Rock West Street
Improvements Project. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract
("Contract") with H. Deck Construction for the Round Rock West Street Improvements
Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No. 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 H. Deck Construction for the Round Rock
West Street Improvements Project, a copy of said change order being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, •
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 9th day of March, 2006.
COUNCIL COMMENTS: None
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:45 p.m.
R pectfully Submitted,
Christine R. Martinez, City Secretary
r
1
� 229
MARCH 23, 2006
The Round Rock City Council met in Work Session and Regular Session on Thursday,
March 23, 2006 in the City Council Chamber, 221 E. Main Street.
CALL WORK SESSION TO ORDER - 6:00 P.M.
ROLL CALL: Those members present were Mayor Nyle Maxwell; Mayor Pro-tem Alan
McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember
• Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Ted Williamson. Also
present were City Manager Jim Nuse and City Attorney Steve Sheets.
PRESENTATIONS
3.A.1. Consider a presentation and discussion regarding Williamson County
Emergency Medical Services. The Council discussed the Williamson County Emergency
Medical Services at the Council retreat on February,22. Mayor Maxwell.asked that the
discussion continue at this work session due to time constraints in addressing-the remaining
items on the retreat agenda.
Fire Chief Larry Hodge made a presentation on the following points:
• History and timeline of events concerning EMS issues and recommendations.
• Citizen's Advisory Group was created to work with an outside consulting group
Management Advisory Group, Inc. (MAG) of Montclair, Virginia concerning EMS. .
• International Association of Fire Fighters report listing recommendations.
• MAG findings of EMS
• Williamson County EMS response data
• • MAG EMS Recommendations
John Sneed, Director, Williamson County EMS, Emergency Management Coordinator
provided the Council with a copy of the System Credentialing Process for Paramedics and
Advanced Providers. He outlined the credentialing process, cost and timeline.
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, Councilmember Scott Rhode and Councilmember Ted Williamson. Also .
present were City Manager Jim Nuse and City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS:
Beth Carlile, 2612 Sinclair Street spoke in support of the proposed fees for the Allen
• R. Baca Center.
PROCLAMATIONS:
8.A. Consider proclaiming April 5, 2006 as Allen R. Baca Day.
Mayor Maxwell read the following proclamation and presented it to Tanya Jackson,
Senior Activities Supervisor. Ms. Jackson reported that the Grand Opening of the Allen R.
Baca Center for Senior and Community Activities would be April 5, 2006 at 10:00 a.m. An
Open House will be held from 5:00 p.m. to 7:00 p.m.
a
230
MARCH 23, 2006
WHEREAS, Allen R. Baca worked in the Department of Community Affairs for the
Texas Department on Aging and implemented many new programs to help senior citizens
and senior centers; and
WHEREAS Mr. Baca was one of several Round Rock senior citizens who recognized
the need for a Senior Activity Center in the City of Round Rock and formed a group
nicknamed the "Think Tank" to implement Round Rock's first official Senior Activity Center;
and
WHEREAS, Mr. Baca's "Project Bootstrap" fundraising strategy was used to raise
funds for the City of Round Rock Senior Center; and
WHEREAS, Mr. Baca organized and implemented Round Rock's first annual Daffodil
Bulb Sale which led to the first Daffodil Festival; and •
WHEREAS, Allen R. Baca was recognized as Senior Citizen of the Year 1994 in Round
Rock and was awarded the Local Legend award from the Historic Preservation Commission
in Round Rock and the National Daily Points of Light Award for his commitment to connect
Americans through service,
NOW, THEREFORE, We, the Round Rock City Council recognize Allen R. Baca's many
contributions to the City of Round Rock and the State of Texas and declare April 5, 2006 as
Allen R. Baca Day in the City of Round Rock.
PROCLAIMED this 23 d day of March 2006.
8.B. Consider wroclaiming April 1, 2006 as the 11th Annual Daffodil Festival
Celebration. Mayor Maxwell read the following proclamation and presented it to Alicia
Carlile and members of the Round Rock 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 turn Round
Rock into a sea of daffodils; and
WHEREAS, the daffodils will serve as a beacon to the Round Rock community and
social environment for senior citizens; and
WHEREAS, every grassy spot in front of businesses, offices, and throughout the City
will have daffodils welcoming spring and everyone to the 11th Annual Daffodil Festival; and
WHEREAS, the Daffodil Festival will have entertainment, games, shopping, foods, •
arts and crafts, an auction and raffle for everyone of all ages; and
WHEREAS, this year's Daffodil Festival is dedicated to Jimmy Joseph, Jr. who was a
dedicated supporter of the Senior Center and member of the Senior Citizens Foundation.
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby
proclaim April 1, 2006 as the
"11th ANNUAL DAFFODIL FESTIVAL"
in the City of Round Rock and urge everyone to come out to the Allen R. Baca Center for
Senior and Community Activities and join the Round Rock Senior Citizens Foundation in
celebrating this joyful occasion.
PROCLAIMED this 23rd day of April 2006.
PRESENTATIONS:
9.A.1. Consider a presentation on the Transportation Capital Improvement Program
annual report. Thomas G. Martin, P. E., 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 system improvements. The TCIP annual report
documents the accomplishments, activities, and potential changes in activities as it may •
relate to transportation system improvements. Mr. Martin outlined the Board Activities and
Project Status.
9.B.1. Consider a presentation concerning setting fees for parks and recreation
facilities. Rick Atkins, Parks and Recreation Director made the staff presentation. He
outlined the ordinance that establishes the fees for the Baca Center and the Rock 'n River
Family Aquatic Center. He also outlined fee adjustments for the following:
MARCH 23, 2006 231
• Municipal Pools
• Memberships at the Allen Baca Center and Clay Madsen Recreation Center
• Resident Fees
• Non-Resident Fees
• Softball/Baseball Field Rental Rates
• Youth Sports Association Facility Fees
• Recreation Programs
PUBLIC HEARINGS:
• 10 Al Consider public testimony regarding the proposed annexation of 30.05 acres
of land out of the Joseph Marshall Survey. (Highland Terrace) (Second Public Hearing)
Jim Stendebach, Planning Director made the staff presentation. This tract of land is known
as Highland Terrace and consists of 30.05 acres. Itis located on the westside of Red Bud
Lane, also known as CR 122. It is adjacent to single-family residential development on the
west and north and a commercial planned unit development to the south. It is the city's
desire to annex this tract in order to control the development and preserve the integrity of
the surrounding existing residential neighborhoods.
Mayor Maxwell opened the public hearing. The following individuals expressed their
support and/or concern regarding the annexation of this tract.
Ken Smith, 2010 Forest Hill Cove
Nancy Owens, 1828 Bluffwood Place
Ron Buffum, 3016 Rock Place
Joel Robuck, developer of Lake Forest Subdivision
• Joe Jenkinson, Lot 10 of Highland Terrace
Ann Thomas 2006 Forest Hill Cove
Robert Bunnell, owns lots 4, 5; 6 in Highland Terrace
Matt Mariness, address unknown
There being no further testimony, the public hearing was closed.
Mayor Pro-tem McGraw asked staff for a copy of the deed restrictions,. He wants to
check if the deed restrictions for Highland Terrace are enforceable.
10.A.2. Consider public testimony regarding the proposed annexation of 69.557
acres of land out of the Willis Donaho Survey. (GCLC, Northpark at Old Settlers, Park
Central Building and Preece Tract) (Second Public Hearing) Jim Stendebach, Planning
Director made the staff presentation. This tract of land is known as GCLC, Northpark @ Old
Settlers, Park Central Building and the Preece tract. The tract totals 69.557 acres and is
located on the south side of CR 113 (Kiphen Rd.) and east of the FM 1460. It is adjacent to
single-family residential development to the south, known as,the Meadows of Chandler
• Creek Municipal Utility District. It is the city's desire to annex this tract in order to control
the development along this portion of CR 113 (Kiphen Rd.).
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.A.3. Consider public testimony regarding the application filed by Quail Creek
Cottages, LTD to amend the Land Use Plan for the Meadows of Chandler Creek Municipal
Utility District for 2.168 acres of land from a Multi-Family designation to Local Commercial
(with conditions), Office or Senior Residential designation. Jim Stendebach, Planning
232
MARCH 23, 2006
Director made the staff presentation. This property is located near the intersection of two
arterial roadways and is bordered by an assisted living/medical facility to the north and a
park to the east. The property to the south will also be changing from a multifamily
designation to day care, office or local commercial. The Land Use Plan for the Meadows of
Chandler Creek was adopted in 1992. No changes to the land use designation for this tract
have occurred since that time. The proposed change will be consistent with the adjacent •
existing and proposed land uses. The applicant has also agreed to prohibit gas stations on
the site (a use that would ordinarily be allowed under the Local Commercial designation).
The Planning and Zoning Commission recommended approval of the proposed changes (with
the condition mentioned above) at their February 15, 2006, meeting. In addition, the owner
of the property has agreed to the prohibition of the following uses, to be consistent with the
other tracts (Item 10A4 and 10A5).
Amusement parks or carnivals, Automotive & machinery repair, Automotive &
machinery services, Automotive & machinery washes, Automotive rental, Automotive sales,
Billiard parlors &.pool halls, (as a primary use), Boat sales, Bulk distribution centers,
Camper sales, Campgrounds, Donation centers, Flea markets, Gasoline &fuel sales, Heavy
equipment sales, rental & leasing, Industrial building sales, Kennels, Manufactured home
sales, Mini warehouses, Pawn shops, Portable building sales, Recreational vehicle parks, •
Recycling centers, Sale of used goods (except antiques, estate sales, vintage clothing), Self-
storage, Sexually oriented businesses, Shooting ranges, Tattoo parlors, Truck service or
repair, Truck stops, Trucking terminals, Video arcades (as a primary use), Wholesale
nurseries, Wireless Transmission Facility (self-standing), and Wrecking Yards.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.A.4. Consider public testimony regarding the application filed by Chandler Creek
Investments, LTD to amend the Land Use Plan for the Meadows of Chandler Creek Municipal
Utility District for 9.375 acres of land from a Single-Family designation to Drainage, Local
Commercial (with conditions), Office, Senior Residential or Funeral Home (with conditions)
designation. Jim Stendebach, Planning Director made the staff presentation. This 9.375-
acre parcel is proposed to be divided into two tracts. Tract A is a 5.170-acre drainage
easement that will be designated as Drainage. The remaining 4.205 acres (Tract B) will be r
r
designated as Local Commercial, Office, Senior, or Funeral Home. Staff agreed with the
applicant that the single-family designation is no longer appropriate at this location; but
they have some concerns along with a number of residents in this area, about the over-
commercialization of this intersection. To help allay those concerns, the applicant has
agreed to a one-story height limitation on the commercial development and a prohibition on
the following uses:
233'
MARCH 23, 2006
Amusement parks or carnivals, Automotive & machinery repair, Automotive &
machinery services, Automotive & machinery washes, Automotive rental, Automotive sales,
Billiard parlors & pool halls, (as a primary use), Boat sales, Bulk distribution centers, Camper
sales, Campgrounds, Donation centers, Flea markets, Gasoline &fuel sales, Heavy equipment
sales, rental & leasing, Industrial building sales, Kennels, Manufactured home sales, Mini
• warehouses, Pawn shops, Portable building sales, Recreational vehicle parks, Recycling centers,
Sale of used goods (except antiques, estate sales, vintage clothing), Self-storage, Sexually
oriented businesses, Shooting ranges, Tattoo parlors, Truck service or repair, Truck stops,
Trucking terminals, Video arcades (as a primary use), Wholesale nurseries, Wireless
Transmission Facility (self-standing), and Wrecking Yards.
The applicant has also agreed to limit the Funeral Home use to exclude
crematoriums, in deference to the public input received at the January 11th Planning and
Zoning Commission meeting. The Land Use Plan for the Meadows of Chandler Creek was
adopted in 1992. No changes to the land use designation for this tract have occurred since
that time. A request to amend the Land Use Plan for this tract was tabled at the January
11th Planning and Zoning Commission meeting to allow staff and the developer to negotiate
limitations on the uses. The Planning and Zoning Commission then recommended approval
• of the proposed changes (with the conditions discussed above) at their February 15, 2006,
meeting.
Mayor Maxwell opened the public hearing. There being no public testimony, the
public hearing was closed.
10.A.5. Consider public testimony regarding the application filed by Chandler Creek
Investments, LTD to amend the Land Use Plan for the Meadows of Chandler Creek Municipal
Utility District for 3.184 acres of land from a Multi-Family designation to Day Care (with
conditions), Local Commercial (with conditions), or Office designation. Jim Stendebach,
Planning Director made the staff presentation. This 3.184-acre tract is under contract with
a day care provider. The applicant requested that the tract also have the additional
designation of Local Commercial or Office uses. Staff, along with the neighbors who
contacted staff expressed their support of the establishment of a day care at this location.
However, because of the size of the proposed day care, the land use designation for the
• property staff had to include a provision exempting day cares from the size limitations that
would normally apply to day cares in Local Commercial districts. (The normal limitation is
7,500 s.f.) The proposed day care may be more than twice that large. Even though staff
was in favor of granting this size exception, staff recommended that the day care be limited
to one story and that the outdoor play areas be located a minimum of 100 feet-from the
southern property line and include fencing on the south side to shield the adjacent
residences from the noise. In the unlikely event that the property is not developed as a day
23
MARCH 23, 2006
care (or is redeveloped many years from now) staff recommended that any local
commercial development be limited to one story and the following prohibited uses:
Amusement parks or carnivals, Automotive & machinery repair, Automotive &
machinery services, Automotive & machinery washes, Automotive rental, Automotive sales,
Billiard parlors & pool halls, (as a primary use), Boat sales, Bulk distribution centers,
Camper sales, Campgrounds, Donation centers, Flea markets, Gasoline &fuel sales, Heavy
equipment sales, rental & leasing, Industrial building sales Kennels, Manufactured home
Mini warehouses Pawn shops, Portable building sales Recreational vehicle arks,
sales p , 9 P
Recycling centers, Sale of used goods (except antiques, estate sales, vintage clothing), Self-
storage, Sexually oriented businesses, Shooting ranges, Tattoo parlors, Truck service or
repair, Truck stops, Trucking terminals, Video arcades (as a primary use), Wholesale
nurseries, Wireless Transmission Facility (self-standing), and Wrecking Yards.
The Land Use Plan for the Meadows of Chandler Creek was adopted in 1992. No
changes to the land use designation for this tract have occurred since that time. The
Planning and Zoning Commission recommended approval of the proposed changes (with the
conditions discussed above) at their February 15, 2006, meeting.
Mayor Maxwell opened the public hearing.
Mr. Lewis, the developer, gave an overview of the proposed development. There •
being no further testimony, the public hearing was closed.
CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by
one motion. There was no separate discussion on any of these items and no items were
pulled from the consent agenda.
*12.A. Consider approval of the City Council minutes for March 9, 2006.
*14.B.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 4 to the Contract for Engineering Services with HDR Engineering, Inc. for
the IH-35 Improvements Project (Chandler Road to Westinghouse).
*14.D.2. Consider a resolution authorizing the Mayor to execute Supplemental
Contract No. 1 to the Contract for Engineering Services with Baker-Aicklen &Associates,
Inc. for the Red Bud Lane Sidewalk Improvements Proiect, Phase I.
*14.E.4. Consider a resolution authorizing the Mayor to execute an Urban Forestry •
Partnership Grant Program Agreement with the Texas Forest Service to continue to fund an
arborist position.
*14.F.1. Consider a resolution authorizing the City Manager to make the necessary
grant application to the U.S. Department of Justice for a Bulletproof Vest Partnership
Program Grant.
235;
MARCH 23, 2006
*14.G.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreements No. 2 with DPC Industries, Inc., Bay Chemical & Supply Company, Ford Bend
Services, Inc., and La Roche Industries for the purchase of water treatment chemicals.
MOTION: Councilmember Rhode moved to approve all the.items listed in the
consent agenda. Councilmember Clifford seconded the motion.
• VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell-
Nays: None
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*12.A. Consider approval of the City Council minutes for March 9, 2006.
This item was approved under the consent agenda.
ORDINANCES:
13.A.1. Consider an ordinance amending the 2005-2006 Hotel Occupancy Tax
Budget. (First Reading) Cindy Demers, Finance Director made the staff presentation. The
City of Round Rock is the primary host city for the TAAF (Texas Amateur Athletic
• Federation) Games of Texas for 2006 and 2007. This amendment allocates funding for
consulting services for the Texas Amateur Athletic Federation (TAAF) Games of Texas -
Williamson County (GOT-WIL). This revision is funded through additional hotel occupancy
tax collections. The consulting services will provide project management and support
services for coordination of the Games of Texas. It is expected that all or part of this
expense will be reimbursed to the Hotel Occupancy Tax fund from proceeds of GOT-WIL at
the end of the two-year period.
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2005-2006 HOTEL OCCUPANCY TAX BUDGET.
MOTION: Councilmember Williamson 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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.B.1. Consider an ordinance adopting the 2005-2006 Ron Sproull Memorial fund
budget and closing the fund. (First Reading) Rick Atkins, Parks and Recreation Director
made the staff presentation. The Ron Sproull Memorial Endowment was established by
Harriet Sproul[-McDaniels in honor of her husband, Ron Sproul[, to assist the City's Parks
2 3. 6
MARCH 23, 2006
and Recreation Department with maintaining and providing quality recreational amenities to
the community. $100,000 was allocated to this fund and only the interest earned could be
spent annually. This ordinance establishes a budget and dissolves the Ron Sproull Memorial
Endowment fund. Harriet Sproull-McDaniel provided approval to dissolve the fund and
allocate the remaining funds to recreational projects for the City.
ORDINANCE NO. •
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL
FUND FOR THE 2005-2006 FISCAL YEAR AND CLOSING THE FUND.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.B.2. Consider an ordinance amending Chapter 1, Section 1.1700 of the Round
Rock Code of Ordinances by setting fees for parks and recreation facilities. (First Reading)
Rick Atkins, Parks and Recreation Director made the staff presentation. The fees for the
Baca Center have not been set and the pool fees needed to be re-visited. An analysis of •
similar facilities determined the rates that were set. Mr. Atkins gave an overview of the
proposed fees.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1, SECTIONS 1.1703, 1.1706, AND 1.1707, CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO INCREASE
RECREATIONAL PROGRAM FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES.
MOTION: Councilmember 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
Councilmember Williamson
Mayor Maxwell
Nays: None •
ACTION: The motion carried unanimously.
RESOLUTIONS:
14.A.1. Consider a resolution amending R-06-02-23-10D1, which called the May
13, 2006 City Election. This resolution amends the Election Order calling the May 13, 2006
City Election to elect Council, Place 3, Council, Place 5, and proposition for the sale of McNeil
Park. The voting locations for Travis County were changed as follows:
• Precinct T-200 - St. Elizabeth Catholic Church - 1520 N. Railroad Avenue,
Pflugerville
237
MARCH 23, 2006
The individuals in this precinct reside within the city limits of Round Rock and the
Pflugerville ISD. This will allow voters to cast their votes at one precinct instead of two.
• Precinct T-225 - Wells Branch MUD Recreation Center - 3000 Shoreline Drive, Austin
The individuals in this precinct reside within the city limits of Round Rock and Travis County.
This will allow voters to cast their votes at one precinct instead of two.
. In addition, this resolution will also approve the Williamson County Elections
Administrator and the Travis County Clerk to participate in a joint election with the various
entities that are also holding an election on May 13. The sharing of early voting and Election
Day locations, ballots, election workers, supplies, and equipment will benefit the voters by
reducing the number of different sites required to cast their votes when multiple elections
are being conducted. The early voting schedule, which follows for this election, did not
change.
Monday-Saturday May 1-6, 2006 7:00 a.m. to 7:00 p.m.
Sunday May 7, 2006 Noon to 6:00 p.m.
Monday - Tuesday May 8-9, 2006 7:00 a.m. to 7:00 p.m.
RESOLUTION NO.
WHEREAS, on February 23, 2006, the City Council of Round Rock, Texas, adopted
Resolution'No. R-06-02-23-10D1, which ordered a city election for the 13th day of May,
2006; and
• WHEREAS, said resolution ordered a city election for the purpose of electing
Councilmember Place 3, Councilmember Place 5, and submitted to the voters a proposition
for or against the-sale of certain city-owned parkland known as Henry McNeil Park; and
WHEREAS, said resolution designated election precincts and polling places for early
and regular voting; and
WHEREAS, since the adoption of said resolution and order, the voting locations for
the Travis County precincts changed; and
WHEREAS, the City Council approves the Williamson County Elections Administrator
and Travis County Clerk to participate in a joint election with various entities for the purpose
of sharing early voting and election day locations, ballots, election workers, supplies, and
equipment for the benefit of the voters by reducing the number of different sites required
for voters to cast their votes when multiple elections are being conducted in the same
precincts, on the same uniform election day; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Election Order adopted by the City Council in Resolution No. R-06-02-23-
10D1 is in full force and effect, except for the early voting locations for Travis County
Precinct T-200 and T-225, as reflected in the Amended Election Order attached 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 was discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended,
and the Act.
RESOLVED this 23rd day of March 2006.
• MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
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MARCH 23, 2006
*14.B.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No 4 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 (`Contract") with HDR Engineering, Inc. for IH-35 modifications from
Chandler Road to Westinghouse Road, and
WHEREAS, HDR Engineering, Inc. has submitted Supplemental Contract No. 4 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. 4 with
HDR Engineering, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Contract No. 4 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 23rd day of March, 2006.
14.B.2. Consider a resolution approving the action of the Round Rock
Transportation System Development Corporation in amending the Transportation Capital
Improvement Plan. Tom Martin, P.E., Director of Transportation Services made the staff
presentation. The TCIP is a multi-year spending plan for improvements to major roads and
arterials in the City. 9 Funding for this plan is provided through the 1/2 cent sales tax_
established for the purpose of transportation system improvements. The TCIP is being
amended for the following:
1. To provide additional funding for Arterial "A" in the amount of $500,000. The
funds are required for engineering service to design the US 79 and Union
Pacific Railroad underpasses and miscellaneous roadway design. The project
limits are Joe DiMaggio Boulevard to the Union Pacific Railroad.
2. To provide additional funding for A.W. Grimes Boulevard Phase 2 in the
amount of $2,200,000. The funds are required for engineering services,
surveying, construction inspection, relocation of water, wastewater, drainage
and dry utilities, demolition of existing structure, street lighting, drainage and
construction contingency. The project limits are Lake Creek to US 79 at FM
1460.
3. To-provide additional funding for IH 35 Area Modifications in the amount of
$2,000,000. The funds are required for additional engineering, Construction
phase services, relocation of water and dry utilities, financial services, legal
fees, construction of turn lanes for IKEA and entrance for McNeil Park and
construction contingency. The project limits are Westinghouse Road to
University Boulevard.
4. To provide additional funding for Traffic Signals in the amount of $830,000.
The funds are required for design and construction of traffic signals at FM
3406 and Wyoming Springs Drive, FM 3406 and Creek Bend Boulevard, FM
3406 and Chisholm Trail Road, Gattis School Road and Surrey Drive, Gattis
School Road and South Creek Drive, Gattis School Road and Via Sonoma Trail
and University Boulevard and Sunrise Road.
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
MARCH 23, 2006 239
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 23rd day of March, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.8.3. Consider a resolution authorizing the City Manager to issue a Purchase
Order to Spot Devices for three (3) Wireless Lighted Crosswalk Warning Systems for Dell
• Way and Greenlawn Boulevard. Thomas G. Martin, P.E., Transportation Services Director
made the staff presentation. This purchase will be for materials for three (3) complete
systems to be installed on Greenlawn Boulevard and Dell Way. Through discussions with
Dell Computers, concerns were raised for the safety of the pedestrians crossing these
roadways. Additionally, median crossings and pedestrian ramps will be adjusted for ADA
compliance. The City accepted "Request for Proposals" (RFP) on March 7, 2006. During the
processes of evaluating the proposals submitted, it was found that the product of one of the
RFP, Spot Devices, has a battery system for its lights, which was not available from the
other RFP. This particular aspect will save the City approximately $45,000 dollars in
maintenance and replacement costs. While it was the original intent of the City to review
these proposals under a "Best Value" process, due to the differences between the two
products and the financial advantages to the City, staff recommended acceptance of the
proposal from Spot Devices as 'Sole Source" procurement.
• RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to purchase three wireless lighted
crosswalk warning systems for Dell Way and Greenlawn Boulevard ("Systems"), and
WHEREAS, Spot Devices, Inc. has submitted a proposal to provide said Systems,
and
WHEREAS, Spot Devices, Inc. is the only provider available to the City able to
provide said Systems, and
WHEREAS, the Local Government Code, Section 252.022(a)(7) exempts
expenditures for sole source providers from the competitive bidding requirements set forth
in Local Government Code, Section 252.021, and
WHEREAS, the City wishes to accept the proposal of Spot Devices, Inc., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
240
MARCH 23, 2006
That the proposal of Spot Devices, Inc. is hereby accepted and the City Manager is
hereby authorized and directed to issue a purchase order to Spot Devices, Inc. for the
purchase of three wireless lighted crosswalk warning systems for Dell Way and Greenlawn
Boulevard.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution.was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of March, 2006. •
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14 C 1. Consider a resolution amending the Land Use Plan for the Meadows of
Chandler Creek Municipal Utility District for 2.168 acres of land to a designation of Local
Commercial (with conditions), Office or Senior Residential. Jim Stendebach, Planning
Director made the staff presentation for this item during the public hearing held earlier in
the meeting. The Council concurred with the decision of staff and developer to include the •
following prohibited uses in the Land Use Plan. Amusement parks or carnivals, Automotive &
machinery repair, Automotive & machinery services, Automotive & machinery washes,
Automotive rental, Automotive sales, Billiard parlors & pool halls, (as a primary use), Boat
sales, Bulk distribution centers, Camper sales, Campgrounds, Donation centers, Flea
markets, Gasoline & fuel sales, Heavy equipment sales, rental & leasing, Industrial building
sales, Kennels, Manufactured home sales, Mini warehouses, Pawn shops, Portable building
sales, Recreational vehicle parks, Recycling centers, Sale of used goods (except antiques,
estate sales, vintage clothing), Self-storage, Sexually oriented businesses, Shooting ranges,
Tattoo parlors, Truck service or repair, Truck stops, Trucking terminals, Video arcades (as a
primary use), Wholesale nurseries, Wireless Transmission Facility (self-standing), and
Wrecking Yards.
RESOLUTION NO.
WHEREAS, the City of Round Rock, ("City") has previously entered into an •
Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal
Utility District ("Agreement") dated May 10, 1984 whereby the City consented to the
creation of the District, and
WHEREAS, the Agreement provides that the City must approve any changes to Land
Use Designations within the District, and
WHEREAS, Quail Creek Cottages, Ltd., the owner of property within the District has
submitted a proposed amended Land Use Plan to the City for its review and approval, and
WHEREAS, the City's Planning and Zoning Commission has reviewed the Land Use
Plan and has recommended its approval, and
WHEREAS, the City and Quail Creek Cottages, Ltd. desire to enter into an Agreement
and Development Plan for a 2.168 acre tract, in the Meadows of Chandler Creek Municipal
Utility District, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
r. 241
MARCH 23, 2006
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement and Development Plan for a 2.168 acre tract, in the Meadows of Chandler Creek
Municipal Utility District, a copy of same being attached hereto as Exhibit"A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of March, 2006.
MOTION: Councilmember Clifford moved to approve the resolution with the addition
of the prohibited uses listed above. Councilmember Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.C.2. Consider a resolution amending the Land Use Plan for the Meadows of
Chandler Creek Municipal Utility District for 9.375 acres of land to a designation of Drainage,
Local Commercial (with conditions), Office, Senior Residential or Funeral Home (with
conditions). Jim Stendebach, Planning Director made the staff presentation for this item
• during the public hearing held earlier in the meeting.
RESOLUTION NO.
WHEREAS, the City of Round Rock, ("City") has previously entered into an
Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal
Utility District ("Agreement") dated May 10, 1984 whereby the City consented to the
creation of the District, and
WHEREAS, the Agreement provides that the City must approve any changes to Land
Use Designations within the District, and
WHEREAS, Chandler Creek Investments, Ltd., the owner of property within the
District has submitted a proposed amended Land Use Plan to the City for its review and
approval, and
WHEREAS, the City's Planning and Zoning Commission has reviewed the Land Use
Plan and has recommended its approval, and
WHEREAS, the City and Chandler Creek Investments, Ltd. desire to enter into an
Agreement and Development Plan for a 9.375 acre tract, in the Meadows of Chandler Creek
Municipal Utility District, Now Therefore
BE IT RESOLVED BY 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 and Development Plan for a 9.375 acre tract, in the Meadows of Chandler Creek
Municipal Utility District, a copy of same being attached hereto as Exhibit"A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
• such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of March, 2006.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
242
MARCH 23, 2006
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.C.3. Consider a resolution amending the Land Use Plan for the Meadows of
Chandler Creek Municipal Utility District for 3.184 acres of land to a designation of Day Care
(with conditions), Local Commercial (with conditions), or Office. Jim Stendebach, Planning
Director made the staff presentation for this item during the public hearing held earlier in •
the meeting.
RESOLUTION NO.
WHEREAS, the City of Round Rock, ("City") has previously entered into an
Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal
Utility District ("Agreement") dated May 10, 1984 whereby the City consented to the
creation of the District, and
WHEREAS, the Agreement provides that the City must approve any changes to Land
Use Designations within the District, and
WHEREAS, Chandler Creek Investments, Ltd., the owner of property within the
District has submitted a proposed amended Land Use Plan to the City for its review and
approval, and
WHEREAS, the City's Planning and Zoning Commission has reviewed the Land Use
Plan and has recommended its approval, and
WHEREAS, the City and Chandler Creek Investments, Ltd. desire to enter into an
Agreement and Development Plan for a 3.184 acre tract, in the Meadows of Chandler Creek
Municipal Utility District, Now Therefore
BE IT RESOLVED BY 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 and Development Plan for a 3.184 acre tract, in the Meadows of Chandler Creek
Municipal Utility District, a copy of same being attached hereto as Exhibit "A" and •
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of March, 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.D.1. Consider a resolution determining that Royce Construction Company offers
the best value for the City for the construction of Fire Station #2 at 200 West Bagdad •
Avenue, and authorizing the Mayor to execute a Standard Form of Agreement Between
Owner and Contractor Where the Basis of Payment is a Stipulated Sum and a Post-Proposal
Negotiated Amendment with Royce Construction Company. Tom Word, Chief of Public
Works Operations made the staff presentation. The City accepted Competitive Sealed
Proposals on February 14, 2006. The City received five proposals and a review committee
consisting of Architect, Construction Manager, Project Manager, and Fire Department
243
MARCH 23 2006
Logistic Officer reviewed and graded the proposals. Royce Construction submitted the
proposal that is the "Best Value" for the City. The Project Construction Cost was more than
available funds. The Architect and Contractor provided a list of items to be valued
engineered and a cost was determined for these items to bring the project within available
funds.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously determined in Resolution No. R-04-
03-25-14G2 that"Competitive Sealed Proposal" is the delivery method which provides the
best value for the City for construction of Fire Station #2 at 200 West Bagdad Avenue, and
WHEREAS, after advertising for and receiving proposals from,offerors, the City of
Round Rock determines that Royce Construction Company is the offeror which offers the
best value for the City, and
WHEREAS, Texas Local Government Code §271.116(f) allows the City and its
architect to "discuss with the selected offeror options for a scope or time modification and
any price change associated with the modification", and
WHEREAS, such post-proposal negotiations were held and did result in certain
changes to scope and price changes associated with such modifications, and
WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement
Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with
Royce Construction Company, and wishes to enter into a "Post-Proposal Negotiated
Amendment" with Royce Construction Company outlining the above-referenced changes and
modifications, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That, after advertising for and receiving proposals from offerors, the City of Round
Rock hereby finds that Royce Construction Company is the offeror which offers the best
value for the City.
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on behalf of the City a
"Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment
• is a Stipulated Sum" with, Royce Construction Company and a "Post-Proposal Negotiated
Amendment" with Royce Construction Company for construction of the Fire Station #2 at
200 West Bagdad Avenue, copies of same being attached hereto as Exhibit"A" and Exhibit
"B" and incorporated herein for all purposes.
The City Council.hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this-
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of March, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*14.D.2. Consider a resolution authorizing the Mayor to execute Supplemental
Contract No. 1 to the Contract for Engineering Services with Baker-Aicklen &Associates,
Inc. for the Red Bud Lane Sidewalk Improvements Project, Phase I. 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 Red Bud
Lane Sidewalk Improvements Project, Phase I, and
244
MARCH 23, 2006
WHEREAS, Baker-Aicklen &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 Baker-Aicklen &Associates, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Contract No. 1 to the Contract for Engineering Services 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 23rd day of March, 2006.
14.E.1. Consider a resolution authorizing the Mayor to execute a Tree Mitigation
Agreement with IKEA for the planting of 600 trees in Old Settlers Park to meet the
mitigation requirements of the tree ordinance. Emsud Horozovic, Forestry Manager made
the staff presentation. This Tree mitigation agreement is part of the new Tree Ordinance
provision to allow for tree mitigation by planting trees on public property. This is the first
agreement since the adoption of the Tree Ordinance. Due to its value and size, 600 trees
will be planted in Old Settlers Park at Palm Valley; staff felt it was necessary for Council to
approve this agreement. This agreement will fulfill the mitigation requirements.
RESOLUTION NO.
WHEREAS, pursuant to Section 3.1100, Tree Protection and Preservation, City of •
Round Rock Code of Ordinances, IKEA is deficient approximately 600 trees at its University
Boulevard location per the site development permit, requiring that IKEA either pay funds
into the City's Tree Fund or plant trees elsewhere in the City, and
WHEREAS, IKEA desires to enter into a Tree Mitigation Agreement Plan with the City
for the mitigation of deficient trees, and
WHEREAS, the City has identified Old Settlers Park at Palm Valley as a location able
to receive the quantity of trees'needed to fulfill the mitigation requirements, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Tree Mitigation Agreement_Plan with IKEA, 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 March, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
14.E.2. Consider a resolution determining that "design-build contract" is the
delivery method, which provides the best value for the City for the construction of a skate
park to be located at Clay Madsen Park as part of the Greater Lake Creek Park Proiect
245.
MARCH 23, 2006
James Hemenes, Park Planner made the staff presentation. A skate park is one of the major
components of the Greater Lake Creek Park Improvement Project. Staff determined that
with the limited budget and the highly specialized nature of this improvement that Design-
Build project would provide the "best value". An entity must determine this "best value"
prior to using an Alternate Delivery Method. 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 projectwill 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 and a
Grant from the Lower Colorado River Authority (LCRA). In addition to a focus group that
was formed to specifically address end-user concerns, the Parks and Recreation department
has received several petitions and numerous requests over the past three years for a skate
park. Also, several public hearings associated with the Grant applications were held.
RESOLUTION NO.
WHEREAS, Texas Local Government Code, Section 271.113(a) allows governmental
entities to use certain methods other than competitive bidding in entering into contracts for
• construction of facilities, and
WHEREAS, the City of Round Rock is considering using an alternative method other
than competitive bidding in entering into a construction contract for the construction of a
skate park as part of the Greater Lake Creek Park Project, and
WHEREAS, the statute requires that a project-by-project determination must be
made as to which method provides the best value for the governmental entity in relation to
a particular project, and
WHEREAS, the Council has determined that this project would be best served by
utilizing the "design-build contract" method, and
WHEREAS, Texas Local Government Code, Section 271.114(a) mandates a time
requirement that the "governing body of a governmental entity that is considering a
construction contract using a method specified by Section 271.113(a) other than
competitive bidding must, before advertising, determine which method provides the best
value for the governmental entity," and
WHEREAS, the City Council desires to comply with all requirements of the statute,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
In accordance with Texas Local Government Code §271.114(a), the Council has
determined that"design-build contract" is the delivery method which provides the best
value for the City for the construction of a skate park as part of the Greater Lake Creek Park
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 23rd day of March, 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
2 4- 6
MARCH 23, 2O06
Nays: None
ACTION: The motion carried unanimously.
14.E.3. Consider a resolution authorizing the Mayor to execute an Agreement for
Personal Services for Project Coordinator for the Games of Texas with Sharon Prete.
Rick Atkins, Parks and Recreation Director made the staff presentation. This
agreement is for consulting services to coordinate efforts between all Williamson County
representatives that will be involved in the Games of Texas. The Games of Texas is a
regional event hosted by the County, Round Rock and area cities and Municipal Utility
Districts. This event is expected to bring an estimated 40,000 people into Williamson County
for 7 days spread over multiple weekends. This agreement will be funded from the Hotel
Occupancy Tax Fund under the classification: Tourism Marketing. In addition, the Parks and
Recreation Department will be seeking sponsorships, which will help offset the cost of the
contract.
RESOLUTION NO.
WHEREAS, the City wishes to enter into an Agreement for Personal Services for
Project Coordinator for the Games of Texas with Sharon Prete, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Personal Services for Project Coordinator for the Games of Texas with Sharon
Prete, 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 March, 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
*14.E.4. Consider a resolution authorizing the Mayor to execute an Urban Forestry
Partnership Grant Program Agreement with the Texas Forest Service to continue to fund an
arborist position. This item was approved under the consent agenda. •
RESOLUTION NO.
WHEREAS, the Texas Forest Service has grant funds.available through the Urban
Forestry Partnership Grant Program, and
WHEREAS, the City Council wishes to enter into an Urban Forestry Partnership Grant
Program Agreement for the available grant funds for the continued funding of an Arborist,
and
WHEREAS, said grant requires a 50% match from the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Urban Forestry Partnership Grant Program Agreement, a copy of same being attached
hereto as Exhibit"A" and incorporated herein for all purposes, and the match required from
the City is hereby approved.
247
MARCH 23, 2006
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 March, 2006.
*14.F.1. Consider a resolution authorizing the City Manager to make the necessarx
grant application to the U.S. Department of Justice for a Bulletproof Vest Partnership
Program 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, Bulletproof Vest Partnership.Program funds are available to procure
replacement bulletproof vests for law enforcement agencies, 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 City Manager 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 23rd day of March, 2006.
*14.G.1. Consider a resolution authorizing the Mayor to execute Supplemental
• Agreements No. 2 with DPC Industries, Inc., Bay Chemical &Supply Company, Ford Bend
Services, Inc., and La Roche Industries 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 DPC Industries, Inc., Bay
Chemical and Supply Company, Fort Bend Services, Inc., and LaRoche Industries, Inc., and
WHEREAS, the City Council desires to enter into,said Supplemental Agreements No.
2 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. 2 to the Agreement for Purchase of Chlorine (150 lb.
cylinders) with DPC Industries, Inc., 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. 2 to the Agreement for Purchase of Liquid Aluminum Sulfate
with Bay Chemical and Supply Company, 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. 2 to the Agreement for Purchase of Liquid Cationic Polymer
• 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. 2 to the Agreement for Purchase of Belt Press Polymer with
Fort Bend Services, 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. 2 to the Agreement for Purchase of Anhydrous Ammonia with
LaRoche Industries, Inc., a copy of same being attached hereto as Exhibit "E" 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
248
MARCH 23, 2006
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 23rd day of March, 2006.
COUNCIL COMMENTS: None
EXECUTIVE SESSIONS:
16.A. Executive Session as authorized by X551.071 Government Code, related to
pending or contemplated litigation, to wit: Richard Wallace Pearce and Jesse Ray Bland vs.
City of Round Rock et al, Cause No. 97-314-C277, Judicial District Court of Williamson
County, Texas. The Council recessed to the Executive Chamber for the Executive Session.
The Executive Session was called to order by Mayor Maxwell at 9:14 p.m. and adjourned
this item at 9:24 p.m.
16.13. Executive Session as authorized by 5551.072 Government Code, related to
the purchase of 0.153 acres owned by Manuel J. and Janell G. Heine for the Red Bud Lane,
Phase I project. Mayor Maxwell called this Executive Session to order at 9:25 p.m. and
adjourned at 9:32 p.m. back to the City Council Chamber to address the next item.
ACTIONS RELATIVE TO EXECUTIVE SESSIONS:
17.A. Consider discussion and/or action related to pending or contemplated
litigation to wit: Richard Wallace Pearce and Jesse Ray Bland vs. City of Round Rock et al,
Cause No. 97-314-C277, Judicial District Court of Williamson County, Texas. This item was •
withdrawn from the agenda .
17.B. Consider discussion and/or action related to the purchase of 0.153 acres
owned by Manuel J. and Janell G. Heine for the Red Bud Lane, Phase I project.
MOTION: Councilmember Honeycutt moved that the City Attorney be directed to
proceed as discussed in Executive Session. 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.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:32 p.m.
s ectfully Submitted
W ,
Christine R. Martinez, City Secretary
249
APRIL 13, 2006
The Round Rock City Council met Regular Session on Thursday, April 13, 2006 in the
City Council Chamber, 221 E. Main Street.
CALL REGULAR SESSION TO ORDER - 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Maxwell asked Scott and Tyler Cozy from Boy Scout
Troop 157 and members from Boy Scout Troop 365 to help lead the Pledge of Allegiance.
• ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Rufus
Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember
Scott Rhode and Councilmember Ted Williamson. Mayor Pro-tem Alan McGraw was absent.
Also present were City Manager Jim Nuse and City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS:
Stephen Benold, 105 Tanksley Circle, Georgetown spoke on medical direction and
credentialing of firefighters.
Representatives from Diversity Staffing presented awards to their employees for a
great job in cleaning city offices. The City was also presented with an award for"opening
the City's doors and continuing to provide meaningful work to persons with barriers to
employment."
PROCLAMATIONS:
S.A. Consider a proclamation recognizing Helen Griffith upon her retirement from
• the City of Round Rock. Mayor Maxwell read the following proclamation and presented it to
Helen Griffith.
WHEREAS, Helen Griffith has served as a library staff member for 32 years working
in virtually every position at the library at some point in her career; -and
WHEREAS, Mrs. Griffith has seen the library go through significant changes through
the years growing from a small storefront to a 42,000 square foot facility that is a fully
funded city agency; and
WHEREAS, when extended the invitation to be the Director of the library, Mrs. Griffith
declined as she felt a professionally trained person should hold that title in light of the
changes that were coming to Round Rock; and
WHEREAS, Helen Griffith has been previously honored for her contributions to the
library through the naming of the library for both her husband Mayor Pro-Tem Robert
Griffith and herself; and
WHEREAS, the library was the primary focus of her life outside of raising her child,
assisting her husband in his community activities, and involvement in her church; and
WHEREAS, members of the City Councils, past and present, appreciate the work and
devotion that Helen Griffith gave to the library during the past three decades,
NOW, THEREFORE, I, NYLE MAXWELL, Mayor of the City of Round Rock, Texas on
behalf of the City Council and staff wish Helen Griffith the best during her retirement years
and hope that she will, like many others before her, come back to the library to volunteer,
borrow materials, and continue to include the library as part of her life.
PROCLAIMED this 13th day of'April 2006.
• 5.B. Consider proclaiming April 23-29, 2006 as Volunteer Week. Mayor Maxwell
read the following proclamation and presented it to Victoria Lippman, Executive Director of
the Round Rock Volunteer Center.
WHEREAS, residents of the City of Round Rock have continually demonstrated their
willingness to participate in communityeffortsby volunteering their time and talent toward
many worthy projects; and
WHEREAS, in 2005 it would have been impossible to carry out the numerous events
and programs in Round Rock without the dedicated service of the 5,744 referrals that the
Round Rock Volunteer Center made to local nonprofits and city agencies; and
WHEREAS, far too often, the nearly 100 million Americans who annually volunteer
their time, creativity and effort do.not receive the recognition they so richly deserve;
2 5 G
APRIL 13, 2006
therefore, in 1974 National Volunteer Week was designated by Executive Order as an annual
observance; and
WHEREAS, during this week, the Round Rock Volunteer Center plans to celebrate by
announcing the winners of the "Inspire by Example" middle school poster contest, distribute
Youth Summer Volunteer flyer throughout area high schools, and end the week with a
Brushy Creek Clean Up Project.
NOW, THEREFORE, I, NYLE MAXWELL, Mayor of the City of Round Rock, Texas do
hereby proclaim the week of April 23rd - 29th, 2006 as
"VOLUNTEER WEEK"
in the City of Round Rock and urge all citizens of the community to join with me in
supporting the Round Rock Volunteer Center whose mission is to develop, support and •
promote volunteerism in the greater Round Rock area.
PROCLAIMED this 13th day of April 2006.
PRESENTATIONS:
6.A.1. Consider a presentation of the Wayfinding Plan. 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
and no items were removed from the consent agenda.
*B.A. Consider approval of the City Council minutes for March 23, 2006.
*9.C.2. Consider an ordinance adopting the 2005-2006 Ron Sproull Memorial fund
budget and closing the fund. (Second Reading)
*9.D.2. Consider an ordinance amending the 2005-2006 Hotel Occupancy Tax
Budget. (Second Reading)
*10.E.4. Consider a resolution authorizing the Mayor to execute a Community •
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Joseph Barresi and Marion Barresi, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the minor rehabilitation of Lot 3, Block J, Mesa Park Section 2, also
known as 1709 Mesa Park Drive West.
*10.E.5. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Shameika Brown and Minnie Brown, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the minor rehabilitation of Lot 31, Block R Greenslopes at Lakecreek
Section 10B, also known as 1314 E. Logan Drive.
*10.E.6. Consider a resolution authorizing the Mayor to execute a Community •
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Mary Ann De La Vega, and a Community Development Block Grant - Community
Housing Repair Program Contractor Agreement with All Tex Building & Restoration Inc for
the minor rehabilitation of Lot 25, Block E, Greenhill, Section 3 also known as 1902 Easton
Drive.
*10.E.7. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
251,
APRIL 13, 2006
with Thomas Carlin and Susie Briseno, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc .for the minor rehabilitation of Lot 8, Block A, Old Town Meadows, also
known as 1402 Larchwood Cove.
*10.E.8. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with James Reed, Jr., and a Community Development Block Grant - Community Housing
Repair Program Contractor Agreement with All Tex Building & Restoration, Inc. for the minor
rehabilitation of Lot 4, Block A, Somerset, also-known as 1611 Somerset Drive.
*10.E.9. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Felipe Munoz and Claudia Ornelas Munoz, and a Community Development Block Grant-Z
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc .for the minor rehabilitation of Lot 2, Block G, Mesa Ridge Section 1, also
known as 1507 E. Mesa Park Drive.
*10.E.10. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Jerry D. Conner, Sue Conner, and Gina S. Conner, and a Community Development
• Block Grant - Community Housing Repair Program Contractor Agreement with All Tex
Building & Restoration, Inc .for the minor rehabilitation of Lot 22, Block D, Chisholm Valley
Section 2, also known as 701 Buckskin Drive.
*10.F.1. Consider a resolution authorizing the Mayor to execute Change Order No.
2 with H. Deck Construction Co. for the Old Settlers Park Baseball Fields Drainage and
Parking Improvements Project.
*10.G.1. Consider a resolution authorizing a property tax refund to Baltgem
Development Corp. for 2003 and 2004 taxes in the amount of $39,425.13.
*10.G.2. Consider a resolution authorizing a property tax refund to Penta Jeffrey
Way, L.P. for 2005 taxes in the amount of $1,218.96.
*10.G.3. Consider a resolution authorizing a property tax refund to 0-Media
Services Austin, Inc. for 2004 taxes in the amount of $2,255.22.
• *10.G.4. Consider a resolution authorizing a property tax refund to Unit
Instruments, Inc. for 2005 taxes in the amount of $2,984.85.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
252.
APRIL 13, 2006
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
*8.A. Consider approval of the Cit Council minutes for March 23 2006.
pp y
This item was approved under the consent agenda.
ORDINANCES:
9.A.1. Consider an ordinance amending Chapter 1, Section 1.1008 of the Round
Rock Code of Ordinances amending the time limits for Citizen Communication and
establishing procedures and time limits for public hearings. (First Reading) Jim Nuse,
City Manager made the staff presentation. Many years ago, the City Council adopted an
ordinance setting out the procedures for addressing the Council during "Citizen
Communication". This included filling out a registration card as well as limiting the time for
presentations. However, the ordinance did not address any procedures for citizens
addressing the Council during Public Hearings. This has sometimes led to confusion on the
part of the citizens addressing the Council. This ordinance is an effort to have consistent
procedures for both Citizen Communication and Public Hearings. In drafting this ordinance,
area cities were polled and Austin, Pflugerville, and Georgetown all had three (3) minute
limits. College Station and Plano also have a three-minute limit for Public Hearings. To be
consistent, staff recommended that the Council adopt a three-minute limit for presentations
during both Citizen Communications and Public Hearings. Staff believes that this will afford
an ample opportunity for the citizens wishing to address the Council and that it will allow
time for all persons to be heard without causing an undue delay in the Council meetings.
ORDINANCE NO.
HE CODE OF ORDINANCES 1995 EDITION CITY OF ROUND
AN ORDINANCE AMENDINGT ( ),
ROCK, TEXAS, CHAPTER 1, SECTION 1.1008 AMENDING THE TIME LIMITS FOR CITIZEN.
COMMUNICATION AND ESTABLISHING PROCEDURES AND TIME LIMITS FOR PUBLIC
HEARINGS• AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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APRIL 13, 2006
ACTION: The motion carried unanimously.
9.B.1. Consider an ordinance annexing 30.05 acres of land out of the Joseph
Marshall Survey. (Highland Terrace) (First Reading) Jim Stendebach, Planning and
Community Development Director made the staff presentation. This property is located
outside the city limits and has no zoning designations and abuts a single-family residential
subdivision to both the west and north. Staff recommended that in order to preserve the
integrity of this area by ensuring that this tract is developed in a manner compatible with
the existing neighborhood that it should be annexed. Annexation will allow the City to apply
zoning regulations to the property and preclude any undesirable development, such as mini-
warehouses, that can be operated without City utilities. All statutory requirements of the
Texas Local Government Code were followed.
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 30.05 ACRES
DESCRIBED IN EXHIBIT -A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON
COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING
THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN
ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND
THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE
• AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember-Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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
• Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
9.B.2. Consider an ordinance annexing 69.557 acres of land out of the Willis
Donaho Survey. (GCLC, Northpark at Old Settlers, Park Central Building and Preece Tract)
(First Reading) Jim Stendebach, Planning and Community Development Director made the
staff presentation. The property is located outside the city limits, has no zoning, and is a
light industrial/business park development. The location of the tract is at a prominent
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APRIL 13, 2006
corner of FM 1460 and Old Settlers Boulevard. It is therefore important for the City to
control the land use and preserve the quality development that currently exists with the
single-family residential subdivisions to the south and for any future expansions or
developments. All statutory requirements of the Texas Local Government Code were
followed.
ORDINANCE NO. •
AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND
CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 69.557 ACRES
DESCRIBED IN EXHIBIT -A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON
COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING
THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN
ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL
CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY 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, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND
THOSE WHICH ARE HEREINAFTER ADOPTED;. PROVIDING FOR A SEVERABILITY CLAUSE
AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None •
Absent: Mayor Pro-tem McGraw
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
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
9.C.1. Consider an ordinance amending Chapter 1, Section 1.1700 of the Round
Rock Code of Ordinances by setting fees for Darks and recreation facilities. (Amended for
Second Reading) Rick Atkins, Parks and Recreation Director made the staff presentation.
This ordinance will set the fees for the Baca Center and Rock `n River Family Aquatic Center. •
In addition, the fees for the current pools, recreation centers, fields, and equipment will be
brought up to date. This ordinance also sets the age limit for dual membership for the Clay
Madsen Recreation Center and the Allen Baca Center.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1, SECTIONS 1.1703, 1.1706, AND 1.1707, CODE OF
ORDINANCES (1995 EDTION), CITY OF ROUND ROCK, TEXAS, TO INCREASE RECREATIONAL
PROGRAM FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES.
APRIL 13, 2006 255
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
*9.C.2. Consider an ordinance adopting the 2005-2006 Ron Sproull Memorial fund
budget and closing the fund. (Second Reading) This item was approved under the consent
agenda.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE RON SPROULL MEMORIAL
FUND FOR THE 2005-2006 FISCAL YEAR AND CLOSING THE FUND.
9.D.1. Consider an ordinance amending Chapter 1, Section 1.1103 of the Round
Rock Code of Ordinances establishing fees for customer initiated on-line and telephone
payment systems. (First Reading) Cindy Demers, Director of Finance made the staff
presentation. The City is in the process of implementing on-line and telephone payment
options for City customers. These new services will initially provide customers the
convenience of paying utility bills through the City's web page or through an interactive
• voice response telephone system. After the initial implementation with utility bills, staff
will begin adding this service for other fees, fines, permits or licenses where appropriate. To
help offset the additional merchant services and bank fees associated with providing these
payment systems, the City is requesting a convenience fee of $2.50 for the use of the
payment systems.
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, CHAPTER 1, SECTION 1.1103 AMENDING CONVENIENCE FEE CHARGES; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
• Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
*9.D.2. Consider an ordinance amending the 2005-2006 Hotel Occupancy Tax
Budget. (Second Reading) This item was approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE AMENDING THE 23005-2006 HOTEL OCCUPANCY TAX BUDGET.
RESOLUTIONS:
256
APRIL 13, 2006
10.A.1. Consider a resolution granting a special exception to the Noise Ordinance
,(Chapter 6, Section 6.203(2)) for EI Amistad Fiesta. Jim Nuse, City Manager made the staff
presentation. EI Amistad Club submitted a Special Event Application for the Annual Amistad
Festival. The application includes the playing of music after 10:00 p.m. and requires
Council's approval. The Amistad Fiesta will be held on Saturday, May 27, 2006 and May 28,
2006. On Saturday, there will be a street dance with a live band and disc jockey until 1:00 •
a.m. Sunday, May 28, 2006. On Sunday, a live band and disc jockey will play music until
12:00 midnight. The Police Department and Fire Department have approved the application.
RESOLUTION NO.
WHEREAS the-EI Amistad Club has submitted a Special Events Application for the
Annual Amistad Festival ("Event") to be held on May 27, 2006 and May 28, 2006, and
WHEREAS, the Event will include the playing of music after 10:00 p.m. prohibited by
Chapter 6, Section 6.203(2)(b) of the Round Rock Code of Ordinances, and
WHEREAS, pursuant to Chapter 6, Section 6.203(2)(c) an exception to the
requirements of said Section may be authorized only by City Council approval, 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 the provisions of Section 6.203(2)(b) of the Code of Ordinances are hereby
waived, in order to permit the EI Amistad Club to play music from 10:00 p.m. on Saturday,
May 27, 2006 until 1:00 a.m. on Sunday, May 28, 2006, and from 10:00 p.m. until 12:00
midnight on Sunday, May 28, 2006.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006. •
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.B.1. Consider a resolution creating a Task Force to Encourage Philanthropy for
Arts and Cultural Activities. Dale Ricklefs, Library Director made the staff presentation.
Several non-profit and other venues in the City are interested in more fully developing
philanthropy in the City. There are departments in the City that have aspects of culture and
arts as part of their mission. This task force, which will exist for one year from the time that
the task force is appointed, will investigate the various forms of philanthropy that exist to •
help such efforts grow and develop past their current state. Members of the Task Force will
be appointed by the City Council.
RESOLUTION NO.
WHEREAS, the Round Rock City Council wishes to establish a Task Force to
Encourage Philanthropy for Arts and Cultural Activities, and
WHEREAS, the purpose of the Task Force is to be advisory to the City Council on
matters pertaining to issues relative to arts and cultural activities in Round Rock,
equipment, or supplies to be provided, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
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257
APRIL 13, 2006
That the Task Force to Encourage Philanthropy for Arts and Cultural Activities is
hereby created, as set forth 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 13th day of April 2006.
MOTION: Councilmember Honeycutt moved to approve the resolution with the
amendment of appointing Gisele Schaefer as interim Chairman until the Task Force can
appoint a permanent Chairman. Councilmember Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.C.1. Consider a resolution authorizing the Mavor to execute a letter setting forth
the City's consent to the creation of the proposed Williamson County Emergency Services
District No. 9. Larry Hodge, Fire Chief made the staff presentation. The citizens of the area
that would consist of Williamson County Emergency Services District No. 9 filed a petition
with the County Judge of Williamson County, Texas for the formation of an Emergency
Services District pursuant to Chapter 775, Texas Health & Safety Code. Staff recommended
• approval of the consent to create Emergency Services District (ESD) No. 9.
RESOLUTION NO.
WHEREAS, the City of Round Rock is in support of the formation of the proposed
Williamson County Emergency Services District No. 9 ("ESD"), and
WHEREAS, the new ESD will not include any territory that is outside of the City of
Round Rock's extraterritorial jurisdiction, and
WHEREAS, the City of Round Rock wishes to give its consent to the creation of the
ESD, Now Therefore
BE IT RSOLVED BY THE 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 setting forth the City's consent to the creation of the proposed Williamson County
Emergency Services District No. 9, a copy of same being attached hereto as Exhibit "A" and
incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember;Honeycutt moved to approve the resolution.
Councilmember Williamson seconded the motion.
• VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.C.2. Consider a resolution authorizing the Mayor to execute an agreement with
the Capital Area Council of Governments regarding the use of their Emergency Notification
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APRIL 13, 2006
System. Larry Hodge, Fire Chief made the staff presentation. This agreement is for the use
of a web based emergency notification system provided by CAPCOG. This agreement would
allow designated employees of the City of Round Rock to activate an emergency call back
system to notify a portion of the public regarding an emergency such as flooding, a sniper
event, an Alzheimer's patient lost in the area, hazardous materials incident, and similar life
threatening events. The use of door-to-door notification may not be practical due to the
nature or time sensitivity of the event. .In this case, the use of the Emergency Notification
System, commonly referred to as "reverse 9-1-1" would be utilized to notify the occupants
in a more timely fashion. This type of system could be utilized for notifying affected areas of
up to approximately 3,500 households. Incidents requiring notification of larger areas than
this would require the use of radio or television to notify the individuals in a timely fashion.
RESOLUTION NO.
WHEREAS, the Emergency Notification System is provided by the Capital Area
Council of Governments ("CAPCOG") to the City of Round Rock (the "City") to provide
warnings and alert citizens regarding information in an emergency situation where property
or human life is in jeopardy, and
WHEREAS, only select individuals are authorized to initiate use of the system on
behalf of the City, including the Mayor, City Manager, .Police Chief and Fire Chief, or their
designee, and
WHEREAS, Texas Health &Safety Code, Section 771.061(a),provide that the 9-1-1
Database information be used only in an emergency situation and will be kept confidential
and not available to the public for inspection, and
WHEREAS, Comm'n on State Emergency Communications, 1 Tex. Admin. Code
§251.13 (May 2, 2004) (Use of 9-1-1 Database) requires that the City agree to maintain the •.
confidentiality of the 9-1-1 Database information, and
WHEREAS, the City wishes to enter into an Emergency Notification System
Agreement with CAPCOG, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Emergency Notification System Agreement with CAPCOG, a copy of said Agreement being
attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None •
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.D.1. Consider a resolution authorizing the Mavor to execute Change Order No. 4
with Cash Construction Company for the CR 122 Street Improvements Project and the East
Water Transmission Line Phase 3-A Pro'ect. Thomas G. Martin P.E. Director of
Transportation Services made the staff presentation. Red Bud Lane Improvements p p p ents were
designed by Baker Aicklen &Associates Engineering, based on a professional services
contract approved by the City Council on January 26, 2006. Change Order No. 4 for the CR
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APRIL 13, 2006
122 Street Improvements Phase I and II/East Water Transmission Main, Phase 3-A will
provide for additional work as needed to adjust for utility conflicts with SBC & Manville water
lines; to relocate and adjust fire hydrants; additional mailbox relocates; and the additional
of storm sewer to avoid utility conflicts. The amount of the change order is $70,848.51.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract ("Contract")
i' with Cash Construction Company, Ltd. for the Red Bud Lane (CR 122) Street Improvements
Project and the East Water Transmission Line Phase 3-A 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. 4, Now Therefore
BE IT RESOLVED BY 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. 4 to the Contract with Cash Construction Company, Ltd., a copy
of said change order being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember Clifford moved to approve the resolution. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 2
with RGM Constructors. L.P. for the construction of A.W Grimes Boulevard Phase II from
Lake Creek to US 79. Thomas G. Martin, P.E., Director of Transportation Services made the
staff presentation. A.W. Grimes is a six lane divided arterial roadway that will complete a
north-south route from SH 45 to Highway 79. . A. W. Grimes was approved for construction
on July 14, 2005. In order to accommodate the proposed drainage system for the Highway
79 construction, the 16-inch waterline needs to be lowered to avoid the conflict with the
proposed drainage boxes at the intersection of A.W. Grimes and Highway 79. The amount of
the change order is $55,274.00.
• RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract ("Contract")
with RGM Constructors, L.P. for the A.W. Grimes, Phase II Construction Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No. 2, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Contract Change Order No. 2 to the Contract with RGM Constructors, L.P. for the A.W.
Grimes, Phase II Construction Project, a copy of said change order being attached hereto as
Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
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APRIL 13, 200E
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.D.3. Consider a resolution authorizing the Mayor to execute Change Order No. 4
with RGM Constructors. L.P. for the construction of A.W Grimes Boulevard Phase II from
Lake Creek to US 79. Thomas G. Martin, P. E., Director of Transportation Services made the
staff presentation. The A.W. Grimes Boulevard Phase II project was awarded to RGM
Constructors, L.P., on July 14, 2005 for $4,978,357.76. 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. When complete, A.W. Grimes Boulevard
will provide a new arterial roadway from Lake Creek to US 79 and complete the Arterial
Roadway from SH 45 to US 79. This change order is to provide installation of 6'x4' Box
Culvert, during construction of the A.W. Grimes Project to facilitate the proposed drainage
for the US 79 project; reroute and replace existing wastewater line conflicting with roadway
and pedestrian tunnel; demolition of existing grate inlet located in curb and gutter of the
proposed roadway; relocate existing water service located in proposed sidewalk; provide
additional silt fence; remove and relocated the existing 16-inch waterline south of the
bridge between the back of the curb and the segmental block wall; and provide illumination
pole bracket at the bridge rail pilaster per RTG drawing sheet 111B dated February 22,
2006. The amount of the change order is $256,421.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract ("Contract")
with RGM Constructors, L.P. for the A.W. Grimes, Phase II Construction Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and •
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No. 4, Now Therefore
BE IT RESOLVED BY 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. 4 to the Contract with RGM Constructors, L.P. for the A.W.
Grimes, Phase II Construction Project, a copy of said change order being attached hereto as
Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
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APRIL 13, 2006
MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent:. Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.D.4. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with HDR Engineering, Inc. for construction inspection services for the
IH-35 Improvements Project. Thomas G. Martin, P. E., Director of Transportation Services
made the staff presentation. This proposed engineering services contract will provide
construction support services for the roadway and bridge as well as the waterline
construction on the IH-35 Area Improvements Project. The original scope of this project
included the reversing of the on and off ramps at Chandler Road, construction of two
turnaround structures at University Blvd. at IH-35. The construction of a turnaround
structure at Westinghouse Road at IH-35 and the widening of the northbound frontage road
between the Chelsea/Simon Development and Westinghouse Road was later added. The
contract amount is $151,292.00.
• RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for
construction inspection for the IH-35 Improvements Project, and
WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services
to provide said services, and
WHEREAS, the City Council desires to enter into said contract with HDR Engineering,
Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Contract for Engineering Services with HDR Engineering, Inc. construction inspection for the
IH-35 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 at all times during which this,Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
• Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.D.5. Consider a resolution authorizing the Mayor to execute an Existing At-Grade
Public Road Crossing Improvement Agreement with Union Pacific Railroad Company for the
crossing at Red Bud Lane. Thomas G. Martin, P.E., Director of Transportation Services made
the staff presentation. The Existing At-Grade Public Road Crossing Improvement Agreement
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APRIL 13, 2006
is for the reconstruction of the existing railroad crossing of CR 122, south of US 79. In
addition to the work on the crossing, this agreement also provides for the temporary
relocation of the railroad signals to accommodate Phase III improvements to CR 122 as well
as the bridge over Brushy Creek. Phase III improvements were designed by HDR
Engineering, based on a professional services contract approved by the City Council on
October 13, 2005. The expected letting date of this.work is in April, 2006. The amount of
theagreement is $124,101.00.
RESOLUTION NO.
WHEREAS, in connection with the CR 122 Improvements Project, the City of Round
Rock wishes to enter into an Existing At-Grade Public Road Crossing Improvement
Agreement with Union Pacific 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 an
Existing At-Grade Public Road Crossing Improvement Agreement with Union Pacific 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 13th day of April 2006.
MOTION: Councilmember Honeycutt moved to approve the resolution.
Councilmember Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.E.1. Consider a resolution directing the Planning Director to prepare a service
plan concerning the annexation of 32.170 acres of land out of the Robert McNutt Survey.
(Travis Johnson Tract) Jim Stendebach, Planning and Community Development Director
made the staff presentation. This tract of land is located within the City of Round Rock's ETJ
and in Williamson County and is known as the Johnson Tract. The acreage total of 32.170
acres is located on the south side of CR 123, north of the Greenfield Subdivision and east of
CR 122. Staff recommended that this tract be annexed in order to control the development
of this area and to protect the existing single-family residential subdivisions abutting this
tract to the south and west.
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 area proposed
for annexation, said property being further described in Exhibit "A" attached hereto and
incorporated herein for all purposes:
(1) Johnson Tract (32.170 acres, more or less);
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APRIL 13, 2006
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.E.2. Consider a resolution directing the Planning Director to prepare a service
plan concerning the annexation of 46.45 acres of land out of the P.A. Holder Survey. (Round
Rock East Subdivision, A.W. Grimes ROW and Wiggington Tract), Jim Stendebach, Director
of Planning and Community Development made the staff presentation. This tract of land is
located within the City of Round Rock's ETJ and in Williamson County. This tract is
comprised of Round Rock East, an unrecorded subdivision, a portion of A.W. Grimes ROW
and the Wiggington Tract, for a total of 46.45 acres located on the north side of Gattis
School Road, just west of the A.W. Grimes Boulevard intersection. Staff recommended the
• annexation of this tract in order to control the development along Gattis School Road and
A.W. Grimes Boulevard and to protect the existing single-family residential subdivisions
surrounding this tract.
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 area proposed
for annexation, said property being further described in Exhibit"A" attached hereto and
incorporated herein for all purposes:
(1) Round Rock East Subdivision, A.W. Grimes ROW and Wigginton (46.45 acres,
more or less).
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
• required by the Open Meetings Act, Chapter.551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
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APRIL 13, 2006
10.E.3. Consider a resolution authorizing the Mayor to execute an Amendment to
Interlocal Agreement with Williamson County to define platting jurisdiction Jim
Stendebach, Director of Planning and Community Development made the staff presentation.
This amendment to the Interlocal Agreement between the City of Round Rock and
Williamson County will transfer platting authority for 1,411 acres of land generally lying
between Sam Bass Road and Brushy Creek and 171 acres of land known as the Morningside •
Meadows Subdivision to Williamson County. These areas are currently platted into
residential lots built to county standards. With this transfer of jurisdiction, county standards
would continue to apply to the existing tracts whenever minor replatting is required. It is
highly unlikely that the City would annex any of this area in the near future. On April 11,
2006, Williamson County, Court Commissioners voted to approve this amendment to the
Interlocal Agreement.
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 1,411 acres of
land generally lying between.Sam Bass Road and Brushy Creek, and 171 acres of land
known as the Morningside Meadows Subdivision 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 13th day of April 2006.
MOTION: Councilmember Honeycutt moved to approve the resolution.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
*10.E.4. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement •
with Joseph Barresi and Marion Barresi, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the minor rehabilitation of Lot 3, Block J Mesa Park Section 2 also
known as 1709 Mesa Park Drive West. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development Community Development Block Grant Program, and
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APRIL 13, 2006
WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in the rehabilitation, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with Joseph and Marion
Barresi for the rehabilitation of Lot 3, Block J, Mesa Park Section 2, also known as 1709
Mesa Park Drive West ("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation 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
Community Development Block Grant - Community Housing Repair Program Homeowner
Agreement with Joseph and Marion Barresi, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc., a copy of said agreements being attached hereto as Exhibit"A" and
Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of April 2006.
*10.E.5. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Shameika Brown and Minnie Brown, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the minor rehabilitation of Lot 31, Block R, Greenslopes at Lakecreek,
Section 10B, also known as 1314 E. Logan Drive. This item was approved under the
consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development Community Development Block Grant Program, and
WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in the rehabilitation, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with Shameika and
Minnie Brown for the rehabilitation of Lot 31, Block R, Greenslopes at Lakecreek Section
10B, also known as 1314 E. Logan Street ("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation 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
Community Development Block Grant - Community Housing Repair Program Homeowner
Agreement with Shameika and Minnie Brown, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and
• Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of April 2006.
*10.E.6. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Mary Ann De La Vega, and a Community Development Block Grant - Community
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APRIL 13, 2006
Housing Repair Program Contractor Agreement with All Tex Building & Restoration Inc. for
the minor rehabilitation of Lot 25, Block E, Greenhill Section 3 also known as 1902 Easton
Drive. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development Community Development Block Grant Program, and
WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in the rehabilitation, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with Mary Ann
DeLaVega for the rehabilitation of Lot 25, Block E, Greenhill Section 3, also known as 1902
Easton Drive ("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation 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
Community Development Block Grant - Community Housing Repair Program Homeowner
Agreement with Mary Ann DeLaVega, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc., a copy of said agreements being attached hereto as Exhibit"A" and
Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
Meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act,.Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of April 2006.
*10.E.7. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Thomas Carlin and Susie Briseno, and a Community Development Block Grant -
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc .for the minor rehabilitation of Lot 8, Block A, Old Town Meadows, also
known as 1402 Larchwood Cove. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development Community Development Block Grant Program, and
WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in the rehabilitation, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with Thomas Carlin and
Susie Briseno for the rehabilitation of Lot 8, Block A, Old Town Meadows, also known as
1402 Larchwood Cove ("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation 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
Community Development Block Grant - Community Housing Repair Program Homeowner
Agreement with Thomas Carlin and Susie Briseno, and a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc., a copy of said agreements being attached hereto as Exhibit"A" and
Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
267
APRIL 13, 2006
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of April 2006.
*10.E.8. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with James Reed, Jr., and a Community Development Block Grant - Community Housing
• Repair Program Contractor Agreement with All Tex Building & Restoration, Inc. for the minor_
rehabilitation of Lot 4, Block A, Somerset, also known as 1611 Somerset Drive. This item
was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development.Community Development Block Grant Program, and
'WHEREAS, the'City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in the rehabilitation, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with James Reed, Jr.
for the rehabilitation of Lot 4, Block A, Somerset, also known as 1611 Somerset Drive
("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation of the Property, Now Therefore
BE IT RSOLVED BY THE 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 - Community Housing Repair Program Homeowner
Agreement with James Reed Jr., and a Community Development Block Grant - Community
• Housing Repair Program Contractor Agreement with All Tex Building & Restoration, Inc., a
copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and
incorporated herein for all purposes,
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of April 2006.
*10.E.9. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Felipe Munoz and Claudia Ornelas Munoz, and a Community Development Block Grant.:
Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc .for the minor rehabilitation of Lot 2, Block G, Mesa Ridge Section 1, also
known as 1507 E. Mesa Park Drive. This item was approved under the consent agenda.
RESOLUTION NO.
• WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development Community Development Block Grant Program, and
WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in.the rehabilitation, and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with Felipe and Claudia
Ornelas Munoz for the rehabilitation of Lot 2, Block G, Mesa Ridge Section 1, also known as
1507 E. Mesa Park Drive ("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation of the Property, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
268
APRIL 13, 2006
That the Mayor is hereby authorized and directed to execute on behalf of the City, a
Community Development Block Grant - Community Housing Repair Program Homeowner
Agreement with Felipe and Claudia Ornelas Munoz, and a Community Development Block
Grant - Community.Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc., a copy of said agreements being attached hereto as Exhibit"A" and
Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as •
amended.
RESOLVED this 13th day of April 2006.
*10.E.10. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant - Community Housing Repair Program Homeowner Agreement
with Jerry D Conner Sue Conner, and Gina S. Conner, and a Community Development
Block Grant - Community Housing Repair Program Contractor Agreement with All Tex
Building & Restoration Inc for the minor rehabilitation of Lot 22, Block D, Chisholm Valley
Section 2, also known as 701 Buckskin Drive. This item was approved under the consent
agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has been awarded grant funds which may be
spent for the provision of certain services authorized under the U.S. Department of Housing
and Urban Development Community Development Block Grant Program, and
WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the
minor rehabilitation of their residence by providing a non-interest bearing loan to pay a
contractor for labor, materials and equipment to be utilized in the rehabilitation, and •
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Homeowner Agreement with Jerry D. Conner,
Sue Conner, and Gina S. Conner, for the rehabilitation of Lot 22, Block D, Chisholm Valley
Section 2, also known as 701 Buckskin Drive. ("Property"), and
WHEREAS, the City Council desires to enter into a Community Development Block
Grant - Community Housing Repair Program Contractor Agreement with All Tex Building &
Restoration, Inc. for the rehabilitation 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
Community Development Block Grant - Community Housing Repair Program Homeowner
Agreement with Jerry D. Conner, Sue Conner, and Gina S. Conner, and a Community
Development Block Grant - Community Housing Repair Program Contractor Agreement with
All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as
Exhibit"A" and Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 13th day of April 2006.
*10.F.1. Consider a resolution authorizing the Mayor to execute Change Order No.
2 with H. Deck Construction Co. for the Old Settlers Park Baseball Fields Drainage and
Parking Improvements Project. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract ("Contract")
with H. Deck Construction Co. for the Old Settlers Park Baseball Complex Improvements
Project, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and
WHEREAS, it has been determined that it is necessary to change said Contract in
accordance with the attached Contract Change Order No. 2, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
.F 269
APRIL 13, 2006
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 Co. for the Old
Settlers Park Baseball Complex Improvements Project, a copy of said change order being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
• *10.G.1. Consider a resolution authorizing a property tax refund to Baltgem
Development Corp. for 2003 and 2004 taxes in the amount of $39,425.13. 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, Baltgem Development Corp. has made an
overpayment or erroneous payment of 2003 and 2004 taxes in the amount of $39,425.13;
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 $39,425.13.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted. and that such
• meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
*10.G.2. Consider a resolution authorizing a property tax refund to Penta Jeffrey
Way, L.P. for 2005 taxes in the amount of $1,218.96. 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, Penta Jeffrey Way has made an overpayment or
erroneous payment of 2005 taxes in the amount of$1,218.96; 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 $1,218.96.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
*10.G.3. Consider a resolution authorizing a property tax refund to O-Media
Services Austin, Inc. for 2004 taxes in the amount of $2,255.22. This item was approved
under the consent agenda.
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APRIL 13, 2006
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, Q-Media' Services Austin, Inc. has made an
overpayment or erroneous payment of 2004 taxes in the amount of $2,255.22; 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 $2,255.22.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
*10.G.4. Consider a resolution authorizing a property tax refund to Unit
Instruments, Inc. for 2005 taxes in the amount of $2,984.85. 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, Unit Instruments, Inc. has made an overpayment
or erroneous payment of 2005 taxes in the amount of $2,984.85; 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 $2,984.85.
The City Council hereby,finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the,public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 13th day of April 2006.
COUNCIL COMMENTS: None
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:06 p.m.
Re ectfully Submitted,
Christine R. Martinez City rY Secreta
271
APRIL 27, 2006
The Round Rock City Council met Regular Session on Thursday, April 27, 2006, in the
City Council Chamber, 221 E. Main Street.
CALL REGULAR SESSION TO ORDER:
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, Councilmember
Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas,
Councilmember Scott Rhode and Councilmember Ted Williamson. Mayor Pro-tem Alan
McGraw was absent. Also present were City Manager Jim Nuse and City Attorney Steve
Sheets.
CITIZENS COMMUNICATIONS:
Marianne Prybyla, 2 Woodhollow Trail, expressed her concerns regarding the traffic
and improvements on Red Bud Lane.
PROCLAMATIONS:
S.A. Consider proclaiming April 30, 2006 as "EI Dia de Los Ninos - Celebrating
Young Americans Day." Mayor Maxwell read,the following proclamation and presented it to
• Idalia Garza, Coordinator of EI Dia de los Ninos and Police Officer Rigo Valles.
WHEREAS, children are the center of the family, and families should have an
established day to acknowledge the contributions and value of their children; and
WHEREAS, the National Latino Children's Institute, serving as a voice for Latino
children, has designated EI Dia de Los Ninos (Celebrating Young Americans) as a day to
bring together Latinos and other communities nationwide to celebrate and uplift all children
and ensure they are first in our lives and have a bright future ahead of them; and
WHEREAS, "iAPOYANDONOS!" (Helping One Another) is a valuable, annual effort by
the Round Rock Police Department to educate the Hispanic Community of Round Rock about
police services and procedures, along with helpful community agency information and
available programs; and
WHEREAS, Round Rock will join with others across the United States as we celebrate
the nationally recognized holiday, El Dia de Los Ninos by supporting "!APOYANDONOS! en EI
Dia del Ninos," a free event for the whole family that will provide an abundance of
information regarding health, education and safety for the Hispanic Community,
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do
hereby proclaim April 30, 2006, as
"EI Dia de Los Ninos - Celebrating Young Americans Day" .
and urge all citizens to celebrate now and forever this special day in the lives of children and
to also attend the "iAPOYANDONOS! en EI Dia del Los Ninos" festivities on April 29, 2006, at
the Allen R. Baca Center for Senior and Community Activities.
PROCLAIMED this 27th day of April 2006.
S.B. Consider proclaiming May as Hispanic Cultural Awareness Month.
• Mayor Maxwell read the following proclamation and presented it to Laura Alcorta and
a member of EI Amistad. Students from Bluebonnet Elementary performed a cultural dance
for the Council.
WHEREAS, through the years, Hispanic Americans have played an integral role in the
Nation's success in education, science, the arts, business, government, and every other field
of endeavor; and
WHEREAS, Hispanic American's talent, creativity, and achievements continue to
strengthen and energize our national life; and
WHEREAS, a number of events will bring focus to our community's significant and
proud Hispanic culture during the.month of May; and
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APRIL 27, 2006
WHEREAS, EI Amistad Club will help contribute to this cultural awareness by
conducting its very successful "Fiesta Amistad" during the Memorial Day weekend;
additionally, Round Rock Independent School District will hold its annual Hispanic Heritage
Celebration on May 6th recognizing leadership in academic success and achievement,
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 27th day of April 2006. •
PRESENTATIONS:
6.A.1. Consider a presentation regarding future unilateral annexations. Jim
Stendebach, Planning and Community Development Director made the staff presentation.
This presentation provided a development of a systematic prioritization for annexing
proposed areas. He added that the prioritization should be based on the need to regulate
land uses in each area. By prioritizing in this way, the City can provide for the orderly and
economic extension of services to these areas, and it will allow for land use control and
assure compatibility with existing City development standards. He added that all the
proposed annexations will be processed without an annexation plan in accordance with
Section 41.052(h)(1) of the Texas Local Government Code, which states that if"the area [to
be annexed] contains fewer than 100 separate tracts of land on which one or more
residential dwellings are located on each tract," an annexation plan is not required.
Mr. Stendebach showed photos that illustrated some of the current incompatible uses •
that are occurring in some of the areas. He presented the 48 areas to be considered for
annexation, which total 4,799 acres in the city's extra-territorial jurisdiction. In addition, Mr.
Stendebach presented the following points concerning the areas.
• These areas are under County jurisdiction and have no zoning or land use control.
This leaves them open to numerous types of development that is not compatible
with adjacent city development. These areas fragment the jurisdiction for public
safety services such as police and fire protection.
• These areas have City utilities in close proximity.
• The city is improving the arterial road system that serves these parcels.
• Some of the annexations may be voluntary.
• Additional annexations may occur in the northeast area of the city of strategic
reasons.
Mr. Stendebach proceeded to describe each tract and its location. In conclusion, he
added that staff expects this process to take two to three years. •
6.B.1. Consider a presentation concerning the proposal for the sale of McNeil Park.
Rick Atkins, Parks and Recreation Director made the staff presentation. The City of
Round Rock is conducting an election on May 13 for voters to decide whether the City should
sell the 18-acre tract known as Henry McNeil Park, which is located next to an emerging
retail development center on IH-35 in north Round Rock. The Round Rock Premium Outlets
is located on I-35 just north of University Boulevard (formerly Chandler Road), and is
expected to open later this year. IKEA, the world's leading furniture and home furnishings
2 7 3
APRIL 27, 2006
retailer, expects to open its 252,000 square foot store immediately north of McNeil Park
next spring. The park features two tennis courts and two adult softball fields. The
proposition would give the Council the option to sell the park. The law requires that
proceeds from the sale must be used for parks facilities. If authorization is given by the
voters to sell the parkland and the City does sell the property, the funds will be used to
• develop additional recreational facilities at Old Settlers Park. In addition, selling McNeil Park
would put the property back on the tax rolls and provide significant economic development
opportunities for the community.
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 13, 2006.
*10.13.1. Consider an ordinance authorizing the placement of stop signs at the
intersection of S. Harris Street at W. Bagdad Avenue. (First Reading)
*10.C.1. Consider an ordinance amending Chapter 1, Section 1.1103 of the Round
Rock Code of Ordinances establishing fees for customer initiated on-line and telephone
• payment systems. (Second Reading)
*11.A.1. Consider a resolution authorizing the Mayor to execute Change Order No.
2 with Austin Traffic Signal Construction, L.P. for the installation of traffic signals at Gattis
School Road at Double Creek, Gattis School Road at Round Rock Ranch/Meister Lane, and
Old Settlers at Sunrise Road.
MOTION: Councilmember,Rhode moved to approve all the items on the consent
agenda. Councilmember Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES:
• *8.A. Consider approval of the City Council minutes for April 13, 2006.
This item was approved under the consent agenda.
PUBLIC HEARINGS:
9.A.1. Consider public testimony regarding an application filed by Chandler Creek,
L.P., to rezone 10.984 acres of land from Light Industrial (LI) to General Commercial -
Limited (C-1a). (Burke) Jim Stendebach, Planning and Community Development Director
made the staff presentation. The western portion of this property (Lot 1, Section 7) was
2, 74
APRIL 27, 2006
annexed and zoned for industrial use in 1979. The eastern portion (Lot 1, Section 4) was
annexed and zoned for industrial use in 1987. This tract was recently reclassified from
Industrial to Commercial on the Future Land Use Map as part of the second phase of
revisions to the General Plan. These amendments were made in response to changing
market conditions in this part of Round Rock. At the same time the land use designation was
changed, staff also introduced the new C-1a (General Commercial - Limited) zoning district •
and established criteria for determining the appropriate level of commercial intensity,
depending on location, the type of market the development will serve, the amount and
nature of the traffic that the development will generate, and the zoning of nearby
properties. In this case, the tract is located near industrial properties and between two
collector roadways. Unlike the shopping centers at the intersection of IH-35 and University
Boulevard, this development is not expected to attract a regional market and therefore does
not need the same level of commercial intensity as those retail centers. Accordingly, the
applicant has requested C-1a (General Commercial - Limited) for the property. The
Planning and Zoning Commission recommended approval of the proposed zoning change at
their March 29, 2006; meeting.
Mayor Maxwell opened the public hearing.
There being no public testimony, the public hearing was closed. •
9.A.2. Consider public testimony regarding an application filed by the City of Round
Rock to rezone 1.377 acres of land from Light Industrial (LI) to Public Facilities - Medium
Intensity (PF-2). (Burke) Jim Stendebach, Planning and Community Development Director
made the staff presentation. This tract was annexed and zoned for industrial use in 1979.
This site was selected by the City as the best location for a permanent fire station to serve
the new developments in northeast Round Rock (the Outlet Mall, IKEA, Scott &White, the
University, etc.). The PF-2 zoning district is the most appropriate district for this type of
use. The Planning and Zoning Commission recommended approval of the proposed zoning
change at their March 29, 2006, meeting.
Mayor Maxwell opened the public hearing.
There being no further testimony, the public hearing was closed.
9.A.3. Consider public testimony regarding an application filed by CRPHYH, L.P. to
rezone 26.208 acres of land from Light Industrial LI to General Commercial - Limited C- •
1a). (IH-35) Jim Stendebach, Planning and Community Development Director made the
staff presentation. This property was annexed and zoned for industrial use in 1981. This
tract, along with all of the properties along this stretch of the IH-35 frontage road, was
recently reclassified from Industrial to Commercial on the Future Land Use Map as part of
the first phase of revisions to the General Plan. These amendments were made in response
to changing market conditions in this part of Round Rock. The commercial classification
275
APRIL 27, 2006
given to these properties did not include the C-1 (General Commercial) zoning district, but
rather called for a more restrictive commercial zoning designation. Accordingly, the
applicant has requested C-1a (General Commercial - Limited) for the property. The
Planning and Zoning Commission recommended approval of the proposed zoning change at
their March 29, 2006, meeting.
• Mayor Maxwell opened the public hearing.
There being no public testimony, the public hearing was closed.
9.A.4. Consider public testimony regarding an application filed by Palm Valley
Office, L.P. to rezone 3.02 acres of land from Single Family - Standard Lot (SF-2) to Local
Commercial (C-2). (Christ Covenant) Jim Stendebach, Planning and Community
Development Director made the staff presentation. This property was annexed and zoned
SF-2 in 1987. At one point, this site was the future home of a church. The zoning was never
changed from SF-2 to accommodate the proposed church because churches are permitted in
SF-2. However, now that the church has sold the property, the new owner is requesting a
zoning change to permit local commercial uses. Staff agrees with the applicant that "church
or no church" this corner lot is not appropriate for residential uses. The lot to the east of
the subject tract, directly across High Country Boulevard, already has C-2 zoning, and the
• lot to the west has a church. To insist on maintaining SF-2 zoning at this location,
especially in light of the increased and ever-increasing traffic along Gattis School Road and
High Country Boulevard, would make the lot somewhat unusable. Staff recognized that
there are single family homes abutting the property along the southern boundary, and only
recommended C-2 zoning, which is the City's most restrictive commercial zoning district
that was created to provide limited commercial services to neighborhoods while maintaining
strict compatibility standards. The Planning and Zoning Commission recommended approval
of the proposed zoning change at their March 29, 2006 meeting.
Mayor Maxwell opened the public hearing.
Leonard White, 2282 Fernspring Drive, expressed his concern and of his neighbors
regarding the request to rezone this tract from single family to commercial due to the close
proximity to their homes. He asked that they be informed in advance regarding the type of
business that would be constructed on the property.
• There being no further testimony, the public hearing was closed.
ORDINANCES:
10.A.1. Consider an ordinance rezoning 10.984 acres of land from Light Industrial
(LI) to General Commercial - Limited (C-1a). (Burke) (First Reading) Jim Stendebach,
Planning and Community Development Director made the staff presentation for this item
during the public hearing held earlier in the meeting.
ORDINANCE NO.
276
APRIL 27, 2006
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 10.984 ACRES OF LAND, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1a (GENERAL COMMERCIAL - LIMITED).
MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember
Clifford seconded the motion. •
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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 Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw •
ACTION: The motion carried unanimously.
10.A.2. Consider an ordinance rezoning 1.377 acres of land from Light Industrial
(LI) to Public Facilities - Medium Intensity (PF-2). (Burke) (First Reading) Jim Stendebach,
Planning and Community Development Director made the staff presentation for this item
during the public hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO REZONE 1.377 ACRES OF LAND, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT PF-2 (PUBLIC FACILITIES - MEDIUM
INTENSITY).
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt •
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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 Salinas seconded the motion.
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APRIL 27, 2006
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem-McGraw
ACTION: The motion carried unanimously.
• 10.A.3. Consider an ordinance rezoning 26.208 acres of land from Light Industrial
(LI) to General Commercial - Limited (C-1a). (IH-35) (First Reading) Jim Stendebach,
Planning and Community Development Director made the staff presentation for this item
during the public hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO REZONE 26.208 ACRES OF LAND, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1a (GENERAL COMMERCIAL - LIMITED).
MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
• Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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 Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
10.A.4. Consider an ordinance rezoning 3.02 acres of land from Single Family -
• Standard Lot (SF-2) to Local Commercial (C-2). (Christ Covenant) (First Reading) Jim
Stendebach, Planning and Community Development Director made the staff presentation for
this item during the public hearing held earlier in the meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK,
TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO REZONE 3.02 ACRES OF LAND, KNOWN AS LOT 1, BLOCK A,
CHRIST COVENANT ADDITION, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT SF-2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT C-2 (LOCAL
COMMERCIAL).
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APRIL 27, 2006
MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember
Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson •
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
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 Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
Absent: Mayor Pro-tem McGraw
ACTION: The motion carried unanimously.
*10.B.1. Consider an ordinance authorizing the placement of stop signs at the
intersection of S Harris Street at W. Bagdad Avenue. (First Reading) This item was
approved under the consent a enda. •
PP 9
ORDINANCE NO.
AN ORDINANCE INTERSECTION OF S.AMENDING THE TRAFFIC CODE BY DESIGNATING THE T
HARRIS STREET AND W. BAGDAD AVENUE AS A STOP INTERSECTION; PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
*10.C.1. Consider an ordinance amending Chapter 1, Section 1.1103 of the Round
Rock Code of Ordinances establishing fees for customer initiated on-line and telephone
payment systems. (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, SECTION 1.1103 AMENDING CONVENIENCE FEE CHARGES; AND
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. •
2 with Austin Traffic Signal Construction, L.P. for the installation of traffic signals at Gattis
School Road at Double Creek, Gattis School Road at Round Rock Ranch/Meister Lane, and
Old Settlers at Sunrise Road. This item was approved under the consent agenda.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a contract ("Contract")
with Austin Traffic Signal, LP for the installation of traffic signals at the intersections of
Gattis School Road at Double Creek, Gattis School Road at Round Rock Ranch/Meister Lane,
and Old Settlers Boulevard at Sunrise Road, and
WHEREAS, the Council has determined that it is necessary to make changes to the
quantity of work to be performed or materials, equipment, or supplies to be provided, and
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APRIL 27, 2006
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 Austin Traffic Signal, LP for the
installation of traffic signals at the intersections of Gattis School Road at Double Creek,
Gattis School Road at Round Rock Ranch/Meister Lane, and Old Settlers Boulevard at
Sunrise Road, 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 27th day of April, 2006.
COUNCIL COMMENTS: None
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:24 p.m.
R s ectfully Subm/it�ted,
;tT
C ristine R. ,artinez, City Secretary
•
•
2 8 Q
MAY 111 2006
CALL SESSION TO ORDER:
Mayor Maxwell called the session to order at 6:00 p.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, Councilmember Scott Rhode and Councilmember Ted Williamson. Also
present were City Manager Jim Nuse and City Attorney Steve Sheets. •
EXECUTIVE SESSION:
3.A. Executive Session as authorized by 8551.07 Government Code, related to
pending litigation with Atmos Energy. The Council recessed to the Executive Chamber for
the Executive Session. Mayor Maxwell called the Executive Session to order at 6:30 p.m.
and adjourned at 6:55 p.m.
CALL REGULAR SESSION TO ORDER:
Mayor Maxwell called the Regular Session to order at 7:10 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Maxwell led the Pledge of Allegiance.
ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan
McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember
Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Also •
present were City Manager Jim Nuse and City Attorney Steve Sheets.
CITIZENS COMMUNICATIONS:
Janice Foulk, 707 Garden Path, presented a plaque of thanks to staff of the Allen R.
Baca Center and the City for allowing a free tax site at the center this past filing season.
She also thanked the volunteers for their time in helping individuals with their income tax.
The following individuals either expressed their concern or spoke on the results of
the student protest march.
Julio A. Ortiz, Leander
Juan Torres, Leander
Noreen Hardwick, 8312 Cahill Drive
Chris Hardwick, 8312 Cahill Drive
Ernest Saadiq Morris, 1405 Montopolis Drive, Austin
Joslin Ruiz, 3604 Meadow Park Drive
Jennifer Avilez, 3604 Meadow Park Drive
Kerry MacLean, 2500 Falcon Drive
The following individuals either expressed their concern or spoke on the results of
the student protest march. Some the following names may be misspelled because the •
individuals did not file an "Appearance Before the Council" card.
Keith Chandler
Rosa Castillo
Galvina Reyes
Fideo Sotillo
Laura Acosta
Maria Castraqua
The following individuals expressed their concern of the proposed extension of Creek
Bend to Brightwater and their support of the Arterial C roadway.
Henry Moreno, 6001 Twinberry Trail
Alex Schittko, 8407 Sea Ash Circle
Jeff Falwell, 8229 Fern Bluff
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MAY 11, 2006
Patrick Savarese 18213 Whitewater Cove
Farrell Walker, 18225 Whitewater Cove
Jeff Bradley, 8200 Sunburst Parkway
Joan Brown, 16800 Willow Oak Lane
Bryan Hunter, 8604 Sea Ash Circle
Stuart Yoder, 2417 cloud Peak Lane
Kerry MacLean, 2500 Falcon Drive
The following individuals expressed their concern of the proposed extension of Creek
Bend to Brightwater and their support of the Arterial C roadway. Some the following names
• may be misspelled because the individuals did not file an "Appearance Before the Council"
card.
Audrey Wagner
Gail Barrera
Jesus Franco, 208 S. Blair spoke on the E. Main Street Drainage, Street and Sidewalk
Improvements and the student protest march.
PROCLAMATIONS:
8.A. Consider a proclamation designating May 15 2006 as Peace officers Memorial
Day, and the week of May 14 through May 20, 2006 as Round Rock Police Week.
Mayor Maxwell read the following proclamation and presented it to members of the
Citizens Police Academy Alumni Association.
WHEREAS, the U.S. Congress and President Bush have designated May 15 as Peace
Officers Memorial Day, and the week in which it falls as National Police week; and
WHEREAS, the members of the Round Rock Police Department play an essential role
in safeguarding the rights and freedoms of Round Rock citizens; and
WHEREAS, it is important that all citizens know and understand the duties,
• responsibilities, hazards, and sacrifices of peace officers, and that members of the Round
Rock Police Department recognize their duty to serve the people by safeguarding.life and
property, by protecting them against violence and disorder, and by protecting the innocent
against deception and the weak against oppression; and
WHEREAS, the men and women of the Round Rock Police Department unceasingly
provide a vital public service;
NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do
hereby call upon all citizens of Round Rock, all patriotic, civic and educational organizations
to observe the week of May 14 through May 20, 2006, as
ROUND ROCK POLICE WEEK
with appropriate ceremonies and observances in which all of our people may join in
commemorating law enforcement officers, who, by their faithful and loyal devotion to their
responsibilities, have rendered a dedicated service to their communities and, in so doing,
have established for themselves an enviable and enduring reputation for preserving the
rights and security of all citizens; and
FURTHER, call upon all citizens of Round Rock to observe Monday, May 15, 2006, as
Peace Officers Memorial Day in honor of those law enforcement officers who, through their
courageous deeds have made the ultimate sacrifice in service to their community or have
become disabled in the performance of duty, and to recognize and pay respect to the
survivors of our fallen heroes.
PROCLAIMED this 11th day of May 2006.
PRESENTATIONS:
9.A.1. Consider an update on the Wayfinding Plan.
• Nancy Yawn, Convention and Visitors Bureau Director, Rick Atkins, Parks and
Recreation Director and Tom Word, Chief of Public Works Operations made the staff
presentation. This Wayfinding Plan is part of the implementation of the Tourism
Development and Marketing Plan.
Mr. Word outlined the Highway Component of the System regarding signage of the
interstate.
• Rules currently being drafted by the State (estimated completion July)
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MAY 11, 2006
• Signage likely to be required to follow State Standards
• Cit will be required to install and maintain the signage
Y q
Logos outside sign body may be permissible.
• Signage would duplicate colors and size of the State signage
Mr. Word also gave examples of the signage proposed for Old Settlers Park and Dell
Diamond along State highways.
Mr. Atkins noted that Old Settlers Park would be divided into three zones with
specific signage for each zone. He described the type of signage that would be used for each •
zone and entrance to the park. The cost estimate for signage only inside the park is $125-
150,000.
9.B.1. Consider a presentation on the status of the major road projects.
Tom Word, Chief of Public Works Operations made the following presentation on the
status of major road projects.
• Red Bud Lane (CR 122) Phase 2, Forest Creek to Gattis School Road
- Bidding (6/04-7/04)
- Utility & Lighting Adjustment (8/04-3/06)
- Construction (2/06-8/06)
• IH-35 frontage Road Improvements
SBC informed of project - January 14, 2005
90% plans provided to SBC - March 23, 2005
Contract awarded - August 25, 2005
All clear - May 9, 2006
• Kiphen Road Phase 2, MKT ROW to CR 122 •
- Design (9/02-9/05)
- Land Acquisition (4/01-2/06)
- Utility Adjustment (5/05-6/06)
- Bidding (6/05-10/05)
- Construction (2/06-4/07)
• US 79 (FM 1460 to CR 195)
- Contract awarded October 27, 2005
• A.W. Grimes Boulevard
- Railroad Agreement Signed - February 9, 2006
- Contract awarded —July 14, 2005
- Construction Began - September 2005
• Creek Bend Boulevard Project Schedule
Estimated Completion
Design - August 2006
Land Acquisition - November 2006
Utility Adjustment - March 2007
Bidding - May 2007
Construction - July 2008
10. CONSENT AGENDA:
The following items were considered routine by the City Council and were enacted by •
one motion. There was no separate discussion on any of these items and no items were
removed from the consent agenda.
*11.A. Consider approval of the City Council minutes for April 27 2006
*12.B.1. Consider an ordinance authorizing the placement of stop signs at the
intersection of S. Harris Street at W. Bagdad Avenue. (Second Reading)
MAY 11, 2006 283
*12.B.2. Consider an ordinance authorizing the placement of stop signs in the
Settlers Crossing Subdivision, Sections 3 &4. (First Reading) (Requires two readings)
*12.B.3. Consider an ordinance authorizing the placement of stop signs in the
Sonoma South Subdivision. (First Reading) (Requires two readings)
*12.B.4. Consider an ordinance authorizing the placement of stop signs in the Eagle
. Ridge Subdivision, Section 13. (First Reading) (Requires two readings)
*12.B.5. Consider an ordinance authorizing the placement of stop signs in the
Mayfield Ranch Subdivision Sections 8 & 9. (First Reading) (Requires two readings)
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 Salinas
Councilmember Rhode
Councilmember Williamson.
Mayor Maxwell
Nays: None
ACTION: The motion-carried unanimously.
APPROVAL OF MINUTES:
*11.A. Consider approval of the City Council minutes for April 27, 2006.
• This item was approved under the consent agenda.
ORDINANCES:
12.A.1. Consider an ordinance amending Chapter 1, Section 1.1002.1 of the Round
Rock Code of Ordinance regarding firefighter civil service classifications and number of
positions. (First Reading) Larry Hodge, Fire Chief made the staff presentation. This
ordinance will update the prescribed number of positions in each classification effective with
the April release of additional authorized positions. 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."
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 Williamson moved to adopt the ordinance. Councilmember
Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Pro-tem McGraw
284
MAY 1.11 2006
Nays: None
Absent: Mayor Maxwell was out of the room when the vote was
taken.
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
Councilmember Williamson
Mayor Pro-tem McGraw
Nays: None
Absent: Mayor Maxwell was out of the room when the vote was
taken.
ACTION: The motion carried unanimously.
*12.B.1. Consider an ordinance authorizing the placement of stop signs at the
intersection of S. Harris Street at W. Bagdad Avenue. (Second Reading) This item was
approved under the consent agenda.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF
S. HARRIS STREET AND W. BAGDAD AVENUE AS A STOP INTERSECTION; PROVIDING FOR
A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
*12.B.2. Consider an ordinance authorizing the placement of stop signs in the •
Settlers Crossing Subdivision, Sections 3 &4. (First Reading) This item was approved under
the consent agenda. The stop signs will be placed on Corrigan Lane at Chamberlain Drive,
on Chamberlain Drive at Henderson Path, on Henderson Path at southeast corner of Butler
Way, on Henderson Path at northwest corner of Butler Way, on Henderson Path at Pearson
Way, on Pearson Way at northwest corner of Pauling Lane, on Pearson Way at southeast
corner of Pauling Lane, on Pauling Lane at County Road 122, on Butler Way at Corrigan
Lane, on Pauling Lane at Butler Way, and on Clinton Place at Butler Way
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE SETTLERS CROSSING SUBDIVISION, SECTIONS 3 & 4 AS STOP
INTERSECTIONS: CORRIGAN LANE AT CHAMBERLAIN DRIVE, CHAMBERLAIN DRIVE AT
HENDERSON PATH, HENDERSON PATH AT BUTLER WAY, HENDERSON PATH AT PEARSON
WAY, PEARSON WAY AT PAULING LANE, PAULING LANE AT COUNTY ROAD 122, BUTLER
WAY AT CORRIGAN LANE, PAULING LANE AT BUTLER WAY, AND CLINTON PLACE AT
BUTLER WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING •
ORDINANCES OR RESOLUTIONS.
*12.B.3. Consider an ordinance authorizing the placement of stop signs in the
Sonoma South Subdivision. (First Reading) This item was approved under the consent
agenda. The stop signs will be placed on W. Shiraz Lane at Rusk Road, on W. Shiraz Lane at
Shiraz Loop, on E. Shiraz Lane at Via Sonoma Trail, on E. Shiraz Lane at Shiraz Loop.
ORDINANCE NO.
iiP , Q
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MAY 11, 2006
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE SONOMA SOUTH SUBDIVISION AS STOP INTERSECTIONS: WEST
SHIRAZ LANE AT RUSK ROAD, WEST SHIRAZ LANE AT SHIRAZ LOOP, EAST SHIRAZ LANE
AT VIA SONOMA TRAIL, AND EAST SHIRAZ LANE AT SHIRAZ LOOP; PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
*12.B.4. Consider an ordinance authorizing the placement of stop signs in the Eacile
Ridge Subdivision, Section 13. (First Reading) This item was approved under the consent
• agenda. The stop signs will be placed on Holden Drive at Hawk View Street, on Holden Court
at Hawk View Street, on Vonnegut Court at Hawk View Street.
ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE EAGLE RIDGE SUBDIVISION, SECTION 13 AS STOP
INTERSECTIONS: HOLDEN DRIVE AT HAWK VIEW STREET, HOLDEN COURT AT HAWK VIEW
STREET, AND VONNEGUT COURT AT HAWK VIEW STREET; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
*12.B.S. Consider an ordinance authorizing the placement of stop signs in the
Mayfield Ranch Subdivision, Sections 8 & 9. (First Reading) This item was approved under
the consent agenda. The stop signs will be placed on Crest Lane at Sapphire Loop, on Crest
Lane at Arterial H, on Crest Cove at Crest Lane, on Sapphire Loop at northeast corner of
Crest Lane, on Sapphire Loop at southwest corner of Crest Lane, on Sapphire Loop at
Sapphire Court.
• ORDINANCE NO.
AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING
INTERSECTIONS IN THE MAYFIELD RANCH SUBDIVISION, SECTIONS 8 & 9 AS STOP
INTERSECTIONS: CREST LANE AT SAPPHIRE LOOP, CREST LANE AT ARTERIAL H, CREST
COVE AT CREST LANE, SAPPHIRE LOOP AT CREST LANE, AND SAPPHIRE LOOP AT SAPPHIRE
COURT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
RESOLUTIONS:
13.A.1. Consider a resolution authorizing the Mayor to execute a contract for the
Partnership in Parks Grant Program with the Lower Colorado River Authority for the Greater
Lake Creek Park Improvement Project. Rick Atkins, Parks and Recreation Director made the
staff presentation. This Interlocal Cooperation Contract is for the available grant funds for
the Greater Lake Creek Park Project. This project is partially funded by a Texas Parks and
Wildlife Department (TPWD) Grant and a Grant from the Lower Colorado River Authority
,(LCRA). 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.
RESOLUTION NO.
2 Br
MAY 11, 2006
WHEREAS, the Lower Colorado River Authority has grant funds available through the
Partnership in Parks Grant Program, and
WHEREAS, the City Council wishes to enter into an Interlocal Cooperation Contract
for the available grant funds for the Greater Lake Creek Park 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 Cooperation Contract, 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 May 2006.
MOTION: Councilmember Salinas moved to approve the resolution. Councilmember
Honeycutt seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Pro-tem McGraw
Nays: None
Absent: Mayor Maxwell was out of the room when the vote was
taken.
ACTION: The motion carried unanimously.
13.B.1. Consider a resolution directing Atmos Energy to show cause regarding the
reasonableness of its existing natural gas distribution rates within the City of Round Rock.
David Kautz, Assistant City Manager made the staff presentation. The Gas Utility •
Regulatory Act authorizes local regulatory authorities (municipalities) to initiate rate
proceedings in order to make a determination concerning the reasonableness of existing
rates. This resolution orders Atmos to file a complete rate-filing package with the City
before May 31, 2006. The filing of such a rate filing package is necessary in order to
properly set rates. Atmos will follow the criteria set forth in the rate filing package
ordinances of the Cities of Gatesville and Longview. Similar show cause proceedings have
been initiated
RESOLUTION NO.
RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS ORDERING ATMOS ENERGY, MID-TEX
DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING
NATURAL GAS DISTRIBUTION RATES WITHIN THE, CITY; REQUIRING ATMOS ENERGY,
MID-TEX DIVISION, TO SUBMIT A RATE FILING PACKAGE BASED ON A TEST YEAR ENDING
DECEMBER 31, 2005; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES KNOWN AS
THE ATMOS 'TEXAS MUNICIPALITIES ("ATM") TO DIRECT THE ACTIVITIES OF LAWYERS •
AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS;
DIRECTING THAT SUCH FILING SHALL BE MADE PRIOR TO MAY 31, 2006; REQUIRING
REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT
THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and has original jurisdiction over the gas utility rates of Atmos Energy, Mid-Tex
Division ("Atmos"), and
WHEREAS, the City has the authority under §§ 103.001 and 104.151, GURA, to
initiate a proceeding to determine whether the existing rates of a gas utility are
unreasonable or in any way in violation of any provision of law, and
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MAY 11, 2006
WHEREAS, a different company, known as TXU Gas, had been the natural gas
distribution provider for the City until the system was purchased by Atmos Energy
Corporation in September 2004; and
WHEREAS, due to the acquisition by Atmos Energy Corporation there is a need to
determine if Atmos' rates are excessive, and
WHEREAS, Atmos should be required to show cause whether its rates and its overall
rate of return are reasonable, and
WHEREAS, a coalition of cities known as Atmos Texas Municipalities ("ATM") has
been organized to review the reasonableness of rates and services in the Mid-Tex region,
and
• WHEREAS, ATM was previously the Alliance of TXU Municipalities and it operated as a
coalition of cities for most of the last ten years, and
WHEREAS, the City benefits from the expertise and the efficiencies of ATM in
reviewing the reasonableness of Atmos' rates and services, and
WHEREAS, under GURA § 103.022 Atmos is required to reimburse the reasonable
rate case expenses of the ATM cities, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT,
Section 1. The findings set out in the preamble to this resolution are hereby in all
things approved and adopted.
Section 2. Atmos is hereby directed to show cause regarding the reasonableness of
its existing natural gas distribution rates within the City. A rate filing package consistent
with the rate filing package ordinances of the Cities of Gatesville and Longview shall be filed
by May 31, 2006, based upon a test year ending on December 31, 2005.
Section 3. In the event that Atmos claims that it is entitled to an increase in rates,
Atmos shall provide public notice in a manner which is consistent with the public notice
ordinances for the Cities.of Leander, Greenville, Burnet, Corsicana, Manor, Bertram,
Gatesville, Longview and Denton.
Section 4. The City shall participate with other cities in the aforementioned
proceedings as part of a coalition of cities known as the Atmos Texas Municipalities ("ATM")
and ATM shall select the experts to work with special counsel.
Section 5. Atmos shall reimburse within thirty (30) days after submission the City's
reasonable monthly costs associated with the City's activities related to the rate review or in
related proceedings.
Section 6. Subject to the right to terminate employment at any time, the City
• authorizes Jim Boyle, Alfred R. Herrera, and Daniel Lawton to act as special counsel with
regard to rate proceedings involving Atmos before the City, the Railroad Commission of
Texas or any court of law.
Section 7. The City Secretary is hereby directed to send a true and correct copy of
this resolution to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1823, Dallas, Texas 75240-2601 and to the ATM by sending a true and correct copy of this
resolution to Mr. Jim Finley, City Attorney for the City of Longview by fax to (903) 239-
5539.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which.this.Resolution was.-adopted was posted and that
such meeting was open to the public as required bylaw at all times during which this
Resolution and the subject matter hereof 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 May, 2006.
MOTION: Councilmember Williamson moved to approve the resolution.
Councilmember Clifford seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
• Mayor Pro-tem McGraw
Nays: None
Absent: Mayor Maxwell was out of,the room when the vote was
taken.
ACTION: The motion carried unanimously.
13.B.2. Consider a resolution authorizina.the.City to suspend the effective date for
implementing the Gas Reliability Infrastructure Program (GRIP) adjustment until at least
July 14, 2006. David Kautz, Assistant City Manager made the staff presentation. This
resolution will to suspend the effective date for implementing the Gas Reliability
2 8 B
MAY 11, 2006
Infrastructure Program (GRIP) adjustment until at least July 14, 2006 in order to allow the
City's rate experts sufficient time to determine the merits of Atmos Energy's proposed rate
adjustment. The infrastructure adjustment sought by Atmos goes under the name of"Gas
Reliability Infrastructure Program" (GRIP). The adjustments for 2003 are now on appeal
before a Travis County District Court. The adjustments for 2004 will also be before a Travis
County District Court in the next two months. A decision on the 2003 adjustments is •
expected by October. The Railroad Commission has not allowed cities to intervene or
participate in a contested proceeding at the Commission dealing with.the GRIP adjustments.
ATM believes this is fundamental error. ATM believes that Atmos has seriously overstated
the amount is allowed to collect under the GRIP statute.
RESOLUTION NO.
RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE SUSPENSION OF
THE EFFECTIVE DATE UNTIL JULY 14, 2006 FOR THE GAS RELIABILITY INFRASTRUCTURE
PROGRAM ("GRIP") ADJUSTMENTS PROPOSED BY ATMOS ENERGY CORPORATION'S
MID-TEX DIVISION FOR CALENDAR YEAR 2005; AUTHORIZING PARTICIPATION IN A
COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING
THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION
TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS
WITH REGARD TO THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR
CALENDAR YEAR 2005; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT,
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, on or about March 31, 2006 the Atmos Energy Corporation's Mid-Tex •
Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas
Reliability Infrastructure Program ("GRIP") for calendar year 2005 pursuant to Section
104.301 of the Gas Utility Regulatory Act("Act"), and
WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the
fact that this is the first application for recovery under that section of the Act; it is therefore
pp rY ,
necessary to engage the expertise of lawyers and consultants who specialize in ratemaking
proceedings before regulatory authorities to assist the City as provided for in Section
103.022 of the Act, and
WHEREAS, given the complexity and the need to carefully review the proposed GRIP
adjustment it is necessary to suspend the effective date for implementing the GRIP
adjustment until at least July 14, 2006 in order to allow the City's rate experts sufficient
time to determine the merits of Atmos Energy's proposed GRIP adjustment, and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it
makes sense to coordinate the City's efforts with a coalition of similarly situated
municipalities, and
WHEREAS, a coalition of municipalities, known as the Alliance for TXU Municipalities
("ATM") has been active in gas utility ratemaking proceedings, and
WHEREAS, in light of the sale of TXU Gas to Atmos Energy, the coalition known as
the Alliance of TXU Municipalities is now known as the Atmos Texas Municipalities ("ATM"),
and
WHEREAS, the City will join with other cities participating in ATM in a steering
committee in order to coordinate the hiring and direction of legal counsel and consultants
working on behalf of ATM and the City, Now Therefore •
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT,
Section 1. The statements set out in the preamble to this resolution are hereby in all
things approved and adopted.
Section 2. The effective date for the proposed GRIP adjustments by Atmos Energy,
and the tariffs related thereto, are hereby suspended until July 14, 2006 in order to
complete the review and investigation by the City's experts.
Section 3. The City is authorized to join with other cities in a coalition of cities
known as the Atmos Texas Municipalities("ATM") with the understanding that the steering
committee of ATM will provide direction and guidance to the lawyers who are representing
said cities.
Section 4. The City employs Jim Boyle, Alfred Herrera and Daniel Lawton as special
counsel to represent the City with regard to the proposed GRIP adjustments of Atmos
Energy before local and state regulatory authorities and any court of law and authorizes
Al
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MAY 11, 2006
special counsel to employ such rate experts as are recommended by the ATM Steering
Committee.
Section 5. The City, in coordination with the Steering Committee, shall review the
invoices of the lawyers and rate experts for reasonableness before submitting the invoices
to Atmos Energy for reimbursement.
Section 6. City's legal representatives shall have the right to obtain additional
information from Atmos Energy through the service of requests for information, which shall
be responded to within twenty (20) days of receipt of such requests for information.
Section 7. Atmos Energy shall reimburse the City, through the designated
representative city of the Steering Committee, for the reasonable costs of attorneys and
• consultants and expenses related thereto, upon the presentation of invoices reviewed by the
Steering Committee.
Section 8. The City Secretary is hereby directed to send a true and correct copy of
this resolution to Mr. Richard Reis, Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1823, Dallas, Texas 75240-2601 and to the ATM by sending a true and correct copy of this
resolution to Mr. Jim Finley, City Attorney for the City of Longview by fax to (903) 239-
5539.
Section 9. 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 11th day of May 2006.
MOTION: Councilmember Honeycutt, moved to approve the resolution.
Councilmember Rhode seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
.Councilmember Salinas
Councilmember Rhode
• Councilmember Williamson
Mayor Pro-tem McGraw
Nays: None
Absent: Mayor Maxwell was out of the room when the vote was
taken.
ACTION: The motion carried unanimously.
13.13.3. Consider a resolution authorizing the Mayor to execute Amendment No. 1
to the Consent Agreement with Parkside at Mayfield Ranch, Ltd. regarding the creation of
Parkside at Mayfield Ranch Municipal Utility District. Jim Nuse, City Manager made the staff
presentation. In April 2005 the City and Parkside at Mayfield, Ltd. (the "Developer") entered
into a Consent Agreement, which provided for the creation of the Mayfield Ranch Municipal
Utility District. At the time of the agreement, both parties were of the understanding that all
of the Developer's land ("Land") was within the ETJ of Round Rock. Several months after
the approval of the Consent Agreement, the City of Leander produced records that
established that a portion of they Land was in Leander's ETJ. The Texas Commission on
• Environmental Quality requires that an applicant for a MUD be required to obtain the
consent of all cities within whose ETJ any part of the proposed MUD is located. After many
months of negotiations, Leander agreed to release its ETJ to Round Rock in exchange for
the Developer paying to Leander the sum of $200,OOO.The Developer is now requesting that
the Consent Agreement be amended to reduce the amount of the fees it will pay to Round
Rock from $1,600,000 to $1,400,000. Staff believed that it was an understandable mutual
mistake on the part of both parties that the Land was located entirely in Round Rock's ETJ.
29
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MAY 11, 2006
Staff also felt that it is equitable to reduce the fee to be paid to the City by the $200,000
that was paid to Leander, and therefore, recommended that the council adopt the resolution
approving the amendment to the Consent Agreement.
RESOLUTION NO.
WHEREAS, the City has previously entered into a Consent Agreement with Parkside
at Mayfield Ranch, Ltd. ("Developer") regarding the creation of Parkside at Mayfield Ranch
Municipal Utility District, and .
WHEREAS, the City now desires to enter into Amendment No. 1 to the Consent
Agreement with the Developer, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Amendment No. 1 to 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 11th day of May, 2006.
MOTION: Councilmember Clifford moved to approve the resolution. Councilmember
Salinas seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Pro-tem McGraw •
Nays: None
Absent: Mayor Maxwell was out of the,room when the vote was
taken.
ACTION: The motion carried unanimously.
13.C.1. Consider a resolution authorizing the Mayor to execute an Agreement with
Walsh Ranch Municipal Utility District for Water & Wastewater Service. Tom Clark, Utilities
Director made the staff presentation. On August 11, 2005 the Council entered into a
Development Agreement with Merion 100, L.P. The agreement requires a wholesale water
and wastewater rate agreement be developed and executed. The Walsh Ranch Municipal
Utility District agreement for Water and Wastewater Service establishes rates and rate
methodology for water and wastewater service that will be provided to the MUD by the City.
The initial rate for water will be $2.51 per 1,000 gallons and the rate for wastewater will be
$3.52 per 1,000 gallons. These rates will be recalculated on a regular basis to reflect the
City's cost to serve the MUD.
RESOLUTION N0. •
WHEREAS, the City has previously entered into a Consent Agreement with Merion
100, L.P. for the creation of Walsh Ranch Municipal Utility District ("District"), and
WHEREAS, the District desires to obtain water and wastewater service from the City,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Water and Wastewater Agreement with Walsh Ranch Municipal Utility District, a copy of
same being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
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MAY 11, 2006
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof 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 May 2006.
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Honeycutt seconded the motion.
• VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.C.2. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with RJN Group, Inc. for the 2005-2006 Wastewater Collection System
Inspection of three basins. Tom Clark, Director of Utilities made the staff presentation. This
program is required by the Texas Commission on Environmental Quality Edwards Aquifer
Recharge Zone Protection Program. The elimination of defects in the City wastewater
collection system will reduce the effects of rainwater entering the City's Wastewater
Collection System and reduce the possibility of leaks from the system impacting the
Edwards Aquifer. In addition, this project will help reduce the City's treatment cost to the
LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment
Plant. This contract will provide television inspection analysis and reports on the City of
Round Rock Wastewater Collection System in three Edwards Aquifer Basins (BC20-Z, LC09-
Z, and LC17-Z). The wastewater lines in these basins were televised by the City of Round
Rock's staff. RJN will review the televised tapes and then provide recommendations for
future repairs of the collection system. Repairs will be recommended for areas with
structural damage and defects such as offset joints or cracked or crushed lines that would
allow infiltration or leakage to occur. The cost of the services is $124,431.11.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for the
2005-2006 Wastewater Collection System Inspection of three Edwards Aquifer Basins, and
WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to
provide said services, and
WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc.,
• Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Contract for Engineering Services with RJN Group, Inc. for the 2005-2006 Wastewater
Collection System Inspection of three Edwards,Aquifer Basins, a copy of said contract being
attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by-the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 11th day of May, 2006.
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MAY 11, 2006
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 Salinas
Councilmember Rhode
Councilmember Williamson •
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.C.3. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with RJN Group Inc for the 2005-2006 Wastewater Collection System
Rehabilitation of three basins. Tom Clark, Director of Utilities made the staff presentation.
This program is required by the Texas Commission on Environmental Quality Edwards
Aquifer Recharge Zone Protection Program. The elimination of defects will reduce the
effects of rainwater entering the sanitary sewer system (inflow and infiltration) and reduce
the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek
Regional Wastewater Treatment Plant. In January 2005, RJN Group was retained by the
City to conduct an Inflow & Infiltration (I&I) Study of Basins BC22-Z, OC30-Z, and CC32-Z.
The scope of services consisted of intensive survey activities including manhole inspection,
smoke testing, dyed water flooding, and internal television inspection. At the completion of •
the evaluation study in January 2006, a recommended plan to reduce I&I during a 5-year
storm event and to reduce maintenance repairs in the three basins was prepared by RJN.
This contract is to develop construction plans and specifications to rehabilitate the
wastewater collection system in the three basins. The schedule of repairs includes 193
manholes, 30 point repairs, and 6,468 linear feet of sewer replacement for an estimated
construction cost of $1,483,000. The cost of the engineering services is $184,598.
RESOLUTION NO.
WHEREAS, the City of Round Rock desires to retain engineering services for the
2005-2006 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins,
and
WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to
provide said services, and
WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc.,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, •
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Contract for Engineering Services with RJN Group, Inc. for the 2005-2006 Wastewater
Collection System Rehabilitation of three Edwards Aquifer Basins, a copy of said contract
being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
RESOLVED this 11th day of May, 2006.
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MAY 11, 2006
MOTION: Councilmember Rhode moved to approve the resolution. Councilmember
Williamson seconded the motion.
VOTE: Ayes: Councilmember Honeycutt
Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Councilmember Williamson
• 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 Rodriguez Transportation
Group, Inc. for the A.W. Grimes Boulevard Project. Tom Word, Chief of Public Works
Operations made the staff presentation. This supplemental agreement will provide for
engineering services for Phase II that includes development of construction documents,
develop as-builts of completed facility; engineering services that includes develop turn 'lane
and median cut to Cirkiel property, develop drainage alternative 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 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 is agreement is $233,013.90.
RESOLUTION NO.
WHEREAS, the City of Round Rock has previously entered into a Contract for
Engineering Services ("Contract") with Rodriguez Transportation Group, Inc. for the A.W.
Grimes Boulevard Project, and
WHEREAS, Rodriguez Transportation Group, Inc. has submitted Supplemental
Contract 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 Contract No. 1 to
the Contract with Rodriguez Transportation Group, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City
Supplemental Contract No. 1 to the Contract with Rodriguez Transportation Group, Inc., a
copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that
such meeting was open to the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551,_Texas Government Code, as
amended.
• RESOLVED this 11th day of May, 2006.
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
Councilmember Williamson
Mayor Maxwell
294
MAY 11, 2006
Nays: None
ACTION: The motion carried unanimously.
13.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for
Removal and Application of Thermoplastic Pavement Markings with United Rentals Highway
Technologies, L.P. Tom Word, Chief of Public Works Operations made the staff
presentation. This contract would provide striping services for the various streets and
roadways. This contractor has had the City's previous Pavement Marking contracts for the •
past 5 years and staff has had a good working relationship with them. The cost for this
project is $75,000.00.
RESOLUTION NO.
WHEREAS, the City of Round Rock has duly advertised for bids for the removal and
application of thermoplastic pavement markings, and
WHEREAS, United. Rentals Highway Technologies, L.P. has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of United Rentals Highway
Technologies, 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 the Removal and Application of Thermoplastic Pavement Markings with
United Rentals Highway Technologies, L.P., 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 11th day of May, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
13.D.3. Consider a resolution authorizing the Mayor to execute an Application and
Letter of Agency for Custom Work with Southwestern Bell Telephone, L.P. for the relocation
of telephone facilities along IH 35 and east of University Boulevard. Relocation of telephone
facilities are needed in order to continue with construction of widening the northbound •
frontage road of IH-35. The improvements to the IH-35 area from University Boulevard to
Westinghouse Road consists of the construction of a turnaround structure at University
Boulevard widening the northbound frontage road from University Boulevard to the north
boundary of the Simon/Chelsea Property, reversing the exit and entrance ramps at
University Boulevard as well as other require improvements. Continued negotiations
resulted in a reduction of the original cost to $152,000.
295
MAY 11, 2006
RESOLUTION NO.
WHEREAS, the City of Round Rock wishes to enter into an Application and Letter of
Agency for Custom Work with Southwestern Bell Telephone, L.P. ("SWB") for the relocation
of telephone facilities owned by SWB along IH 35 and east of University Boulevard, formerly
known as Chandler Road, in connection with the IH-35 Area Improvements 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 Application and Letter of Agency for Custom Work with Southwestern Bell Telephone,
• 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 May, 2006.
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
Councilmember Williamson
Mayor Maxwell
Nays: None
ACTION: The motion carried unanimously.
• COUNCIL COMMENTS:
Mayor Maxwell announced that there is a need of 5-6 volunteers to deliver Meals on
Wheels. Interested individuals should contact Beverly Lance at the Baca Center.
ADJOURNMENT:
There being no further business, the meeting adjourned at 10:05 p.m.
Rectfully Submitted
�ry
44
/G-
Christine Martinez, City Secretary
•
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297
MAY 23, 2006
The Round Rock City Council met in a Special Called Session on MondaY. May 23
2006 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. and announced that there
was a quorum of the Council for the meeting.
• 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 and Councilmember Ted Williamson were
absent.
Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, City
Attorney Steve Sheets, Planning Director Jim Stendebach, Finance Director Cindy Demers,
Transportation Director Tom Martin, Chief of Police Bryan Williams, Utility Director Tom
Clark, Fire Chief Larry Hodge, Chief of Public Works Operations Tom Word, City Engineer
Danny Halden, and Convention and Visitors Bureau Director Nancy Yawn.
ORDINANCES:
CANVASS AND DECLARE THE RESULTS OF THE MAY 13, 2006 CITY COUNCIL
ELECTION OFFICIAL. The Council reviewed the results of the May 13, 2006 Election which
• was provided by the Williamson County Election Administration. Those results are as
follows:
Place 3
Joe Clifford - Received 1,050 votes (Ran unopposed) (Elected)
Place 5
Scott Rhode - Received 998 votes (Ran unopposed) (Elected)
Proposition
"Shall the City of Round Rock be authorized to sell land known as Henry McNeil Park,
which is owned, held or claimed by the City as a Park?"
Yes - Received 916 votes (Approved)
No - Received 517 votes
Votes Cast: 1,485
MOTION: Councilmember Rhode moved to declare the results of the May 13, 2006
• Election official. Councilmember Clifford seconded the motion.
VOTE: Ayes: Mayor Pro-tem McGraw
Councilmember Clifford
Councilmember Salinas
Councilmember Rhode
Mayor Maxwell
Nays: None
Absent: Councilmember Honeycutt
Councilmember Williamson
ACTION: The motion carried unanimously.
298
MAY 23, 2006
STAFF BRIEFING:
4.A. Consider staff briefings and Councilmembers discussion and questions
regarding items on the agenda for the May 25, 2006 City Council meeting_
Mayor Maxwell outlined the Council agenda for May 25, 2006 pausing ausin for Council's
questions. Staff addressed the following items from the agenda. •
Item 7A1 - Jim Nuse reported that Jeff Montgomery would outline the results of the
2006 Biennial Customer Service Survey at the Council meeting on Thursday.
Item 7B1 - Rick Atkins reported that the program and background of the Community
Needs Assessment for an Indoor Recreational Facility for the Westside Recreation Center
Project would be outlined at the meeting.
Item 10B1 - Tom Word reported that the ordinance amending Chapter 10 of the
Code of Ordinances that will revise the rules and regulations governing the construction and
use of public rights-of-way is for the management of the City's rights-of-way.
Item 11C1 - David Kautz reported that the agreement with Economic Research
Associates for consulting services is related to the feasibility of a City Event Center Facility.
He explained what the scope of the agreement entails.
PRESENTATIONS: •
5A. Consider a presentation on the status of the negotiations concerning the
Highland Terrace tract. Jim Stendebach made the staff presentation. Highland Terrace is
an uplatted subdivision of twelve 2.5-acre parcels. Six of the parcels front onto Red Bud
Lane, while the remaining six parcels gain access to Red Bud Lane by private access
easements. Highland Terrace was subdivided in 1980, when Red Bud Lane was a relatively
untraveled rural road. Several large lot single-family subdivisions were developed along Red
Bud Lane during this period. Since that time, Forest Creek was annexed and developed, Oak
Bluff was annexed and the Lake Forest and Forest Ridge subdivisions were annexed and
development. Highland Terrace was annexed on April 13, 2006. The current land uses in
Highland Terrace are rural residential and a medical office. The current land uses north and
west of the tract are single-family residential, land uses south of the tract are commercial
and land uses east of the tract are a mixture of office, warehouse, and residential. Original
zoning was postponed to allow discussions with both Highland Terrace owners and owners in •
the abutting single-family residential neighborhoods of Lake Forest and Forest Ridge. Staff
met with owners at several meetings, which resulted in the following positions from the
separate groups of interested owners.
• Meeting with Forest Ridge HOA on March 28, 2006 - Approximately 60
homeowners attended this meeting and there was no opposition to the proposal
for limited single story office development with special compatibility standards.
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MAY 23, 2006
• Two meetings with Lake Forest HOA on April 5, 2006 and May 9, 2006 -
'� Approximately 12 homeowners attended each of these meeting and they voiced
their opposition to any zoning other than large lot single-family residential
zoning.
• Two meetings with Highland Terrace Owners on February 28, 2006 and April 24,
2006 - All but one owner attended these meetings in the Planning Department to
discuss the options being considered for Highland Terrace. While there was
general agreement that a limited office PUD (Planned Unit Development) would
• be acceptable, two owners requested other uses, namely SF-R (Single -family
rural) for lot 10 and a 15,000 square foot Montessori School for lots seven, eight,
and nine. The owners are reviewing the terms of a possible PUD.
Mr. Stendebach outlined the Planning issues, objectives, and zoning options for the
Highland Terrace tract, which staff and the Council discussed.
5.13. 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 remaining items for May.
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:19 a.m.
Re pectfully Submitted,
Christine R. Martinez, CAyS cret r
•
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