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MINUTE BOOK 54 2006-2007 1 MAY 25, 2006 The Round Rock City Council met Regular Session on Thursday, May 25, 2006, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: • Mayor Maxwell led the Pledge of Allegiance. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember 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. SWEAR IN NEWLY ELECTED OFFICIALS FOR PLACE 3 AND PLACE 5 Joe Clifford, Councilmember elect for Place 3 and Scott Rhode, Councilmember-elect for Place 5 were sworn into office by Dain Johnson, Justice of the Peace, Precinct 1. Councilmember Clifford and Councilmember Rhode each thanked all their supporters and their families. CITIZENS COMMUNICATIONS: None PROCLAMATION: • 6.A. Consider a proclamation recognizing the Poppy as the American Legion memorial flower. Mayor Maxwell read the following proclamation and presented it to Tina Gonzalez and Louella Kelly. WHEREAS, The American Legion was the first national organization to adopt the poppy as its memorial flower, having taken this action at the National Convention in Cleveland, September 27-29, 1920; and WHEREAS, Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual distribution of Poppies by the American Legion Auxiliary is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby urge all citizens of this community to recognize the merits of this cause by contributing generously to its support through donations for Poppies on May, 29, 2006 and urge all patriotic citizens to wear a Veteran made Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. PROCLAIMED this 25th day of May 2006. • PRESENTATIONS: 7.A.1. Consider a presentation on the results of the 2006 Biennial Customer Service- Survey. Jim Nuse, City Manager introduced Jeff Montgomery of the Ampersand Agency who recently conducted the Biennial Customer Service Survey. The City has conducted a customer survey every two years since 1992. The purpose of the poll is to survey attitudes and opinions about city services and quality of life issues. The Council and staff use the survey to gauge progress and citizen reaction to a wide variety of city projects and C ' 2- MAY 25, 2006 programs. The statistically valid survey gives us an objective review of the success or failure of City services. In addition, staff uses the results to help direct resources and for planning purposes. Mr. Montgomery provided a full report to the Council and staff and presented the following highlights of the survey. Overview • 400 residents called at random from April-May 2006 • Margin of error is +/- 4.9 percent Questions presented to residents • Is city heading right direction? 83% - Right Direction; 8% - Wrong Direction • Feel safe walking in neighborhood at night? 89% - Yes; 8% - No City Services • Positive ratings for major departments remain high • Fire Department, Police and trash collection remain highest rated services - positive ratings at 79 percent or higher • City Planning and Parks saw greatest improvement Top 3 Issues Over Next 5 Years? • Traffic - 53% • Growth - 50% • Schools/Crowded schools - 34% • Taxes - 14.3% • Lack of public transit - 13% In addition, questions were asked regarding the following points. • • Traffic Issues on State Roads and Neighborhood Roads • Beautification Issues • Internet Connection • High-speed Internet connection • 10-Year Plan - 58% said they had heard about it; Of those, 94% said it was a valuable planning process • Support incentives to expand local economy? • Support City Financial role in indoor pool? How Iona have Lou lived in Round Rock? • 35% less than 5 years • 31% 5-9 years • 20% 10-19 years • 10% 20-29 years • 4% 30+ years 7.A.2. Consider a presentation regarding a new arterial needed for the Texas State University and Seton Hospital. Tom Word, Chief of Public Works Operations made the staff presentation. He provided information concerning a new roadway, which is needed for the Texas State University and Seton Hospital. He showed an example of the layout for the • road and explained the purpose of this road. The roadway would be a four lane divided arterial. Staff proposes to negotiate with potential partners to develop the roadway. 7.A.3. Consider a presentation and discussion concerning the naming of FM 1460. Jim Nuse, City Manager made the staff presentation-on the naming of FM 1460, which is a major arterial that will go through the new area of the City on the north. The Council and staff discussed several options regarding the naming of FM 1460 of which one MAY 25, 2006 was to receive input from the community. It was the consensus of the Council that once a name has been determined staff should meet with Georgetown and Pflugerville for their input on the name. 7.B.1. Consider a presentation concerning a Community Needs Assessment for Indoor Recreational Facility for the Westside Recreation Center Project. Rick Atkins, Parks • and Recreation Director made the staff presentation. On November 6, 2001, the Round Rock voters approved a $17.3 million proposition for parks and recreation projects. Of that $17.3 million, the City earmarked $7.075 million to build a recreation center on the west side of town. The Recreation Center Project was included in the Bond Election package by the Council at the recommendation of a Citizen Bond Task Force that met for several months prior to the election to review projects for possible inclusion on the ballot. Staff concurred P � P J with the recommendation of the Bond Task Force due to the high use at the Clay Madsen Recreation Center, which opened in July 2000. The City wishes to hire a consultant to guide decisions related to determining and providing for the City's indoor recreational facility needs. This assessment is necessary to determine the appropriate amenities and location. In addition, this assessment will help in the City's efforts to determine the best approach-to provide the City's Indoor recreation facilities. • 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 11.1-1.2. was removed from the consent agenda and addressed in its normal sequence on the agenda. *9.A. Consider approval of the City Council minutes for May 11, 2006. *10.C.1. Consider an ordinance authorizing the placement of stop signs in the Settlers Crossing Subdivision, Sections 3 &4. (Second Reading *10.C.2. Consider an ordinance authorizing the placement of stop signs in the Sonoma South Subdivision. (Second Reading) *10.C.3. Consider an ordinance authorizing the placement of stop signs in the Eagle Ridge Subdivision, Section 13. (Second Reading *10.C.4. Consider an ordinance authorizing the placement of stop signs in the Mayfield Ranch Subdivision, Sections 8 & 9. (Second Reading) • *11.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 5 to the Contract with H. Deck Construction Co. for the Round Rock West Street Improvements Project. *11.E.3. Consider a resolution authorizing the Mayor to execute Change Order No. 5 with RGM Constructors, L.P. for the construction of A.W Grimes Boulevard Phase II from Lake Creek to US 79. 4 MAY 25, 2006 *11.F.1. Consider a-resolution authorizing the Mayor to execute a Real Estate Contract with Whitney Partnership, et a/for the purchase of a 0.661-acre tract of land for the Kiphen Road Improvement Project. *11.G.1. Consider a resolution authorizing the Mayor to execute a Subrecigient Agreement with the Governor's Division of Emergency Management for an Emergency Management Performance Grant. • *11.H.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with S D Kallman L P for the Kensington Park 16-inch Waterline Improvement Project. *11.H.2. Consider a resolution authorizing the Mayor to execute an Agreement for Removal and Disposal of Liquid or Dewatered Sludge from Water Treatment Plant with Central Texas Refuse, Inc. MOTION: Councilmember Clifford moved to approve all the items on the consent agenda. 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. APPROVAL OF MINUTES: *9.A. Consider approval of the City Council minutes for May 11, 2006. This item was approved under the consent agenda. ORDINANCES: 10.A.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Round Rock Code of Ordinances revising the Drought Contingency and Peak Day Water Use Management Plan. (First Reading) (Requires two readingsl Tom Clark, Water and Wastewater Utilities Director made the staff presentation. The Drought Contingency and Peak Day Water Use Management Plan regulates water use during drought. The purpose of the ordinance is to provide guidelines for the wise use of water and penalties for water waste. The Drought Contingency and Peak Day Water Use Management Plan is amended from time to time to protect the water system from overuse and to remain current with • state law. The proposed amendments add the use of Lake Stillhouse Hollow as a trigger for implementing conservation strategies during drought periods in addition to current triggers for Lake Georgetown and ground water tables. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 10.800 OF THE ROUND ROCK CODE OF ORDINANCES PERTAINING TO THE DROUGHT CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; PROVIDING FO THE REPEALING OF MAY 25, 2006 CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. 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 I • Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.B.1. Consider an ordinance amending Chapter 110, Section 10.900 of the Round i Rock Code of Ordinances revising the rules and regulations !governing the construction and use of public rights-of-way. (First Reading) (Requires two readings) Tom Word, Chief of i Public Works Operations made the staff presentation. This amendment is to establish uniform rules and regulations governing the construction and use of city public rights-of way. It's purpose is to minimize the inconvenience and disruption to the public. It will provide for the orderly and efficient use of the rights-of-way now and in the future and preserve adequate capacity of existing and future uses of the rights-of-way. Steve Sheets, City Attorney explained several points; of the ordinance. This ordinance will not be brought back to the Council for the second reading until all • the utility entities have had an opportunity to review it and have had the opportunity to meet with staff regarding concerns or clarifications of the ordinance. ORDINANCE NO. I AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.900, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND AND ESTABLISH UNIFORM RULES AND REGULATIONS GOVERNING THE CONSTRUCTION AND USE OF CITY PUBLIC RIGHTS- OF-WAY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember i 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 an ordinance authorizing the placement of stop signs in the Settlers Crossing Subdivision, Sections 3 & 4. (Second Reading)This item was approved under the consent agenda. The stop signs will be placed on Corrigan Lane at Chamberlain Drive, Chamberlain Drive at Henderson Path, Henderson Path at southeast corner of Butler Way, Henderson Path at northwest corner of Butler Way, Henderson Path at Pearson Way, Pearson Way at northwest corner of Pauling Lane, Pearson Way at southeast corner of i 6 MAY 25, 2006 Pauling Lane, Pauling Lane at County Road 122, Butler Way at Corrigan Lane, Pauling Lane at Butler Way, and 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 HERNDERSON 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. *10.C.2. Consider an ordinance authorizing the placement of stop signs in the Sonoma South Subdivision. (Second Reading)This item was approved under the consent agenda. The stop signs will be placed on W. Shiraz Lane at Rusk Road, W. Shiraz Lane at Shiraz Loop, E. Shiraz Lane at Via Sonoma Trail, and E. Shiraz Lane at Shiraz Loop. ORDINANCE NO. 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. *10.C.3. Consider an ordinance authorizing the placement of stop signs in the Eagle Ridge Subdivision, Section 13.(Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Holden Drive at Hawk View Street, Holden • Court at Hawk View Street, and 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. *10.C.4. Consider an ordinance authorizing the placement of stop signs in the Mayfield Ranch Subdivision, Sections 8 & 9. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Crest Lane at Sapphire Loop, Crest Lane at Arterial H, Crest Cove at Crest Lane, Sapphire Loop at northeast corner of Crest Lane, Sapphire Loop at southwest corner of Crest Lane, and Sapphire Loop at Sapphire Court. ORDINANCE NO. • AN ORDINANCE AMENDING TH.E 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: 7 MAY 25, 2006 11.A.1. Consider a resolution authorizing the Mayo to execute a contract with Fazzone Construction for the Old Settlers Park Baseball Complex Masonry Project. Rick Atkins, Director of the Parks and Recreation Department made the staff presentation. The Sports Capital of Texas Plan was developed last year to plan for the necessary upgrades to the City's existing sports complexes, at Old Settlers Park at Palm Valley, to make them top notch recreational and tournament facilities. As part of thej Plan, drainage throughout the • Old Settlers Park 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. In addition, this Agreement will put the finishing touches on the current Baseball Complex i Improvements Project by constructing masonry,walls and columns on the new scorekeeper stands, dugouts, and grandstand structures. The amount of the contract is $92,063. RESOLUTION NO. I i I WHEREAS, the City of Round Rock has duly advertised for bids for the Old Settlers Park Baseball Complex Masonry Project, and WHEREAS, while only one bid was received from Fazzone Construction, the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Fazzone Construction, Now Therefore BE IT RESOLVED BY THE 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 Fazzone Construction for the Old Settlers Park Baseball Complex Masonry Project. The City Council hereby finds and declares that• written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government code, as amended. RESOLVED this 25th day of May, 2006. MOTION: *Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. I i VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell j Nays: None ACTION: The motion carried unanimously. 11.B.1. Consider a resolution requesting financial assistance from the Texas Water Development Board for improvements to the City's water system. Cindy Demers, Finance • Director made the staff presentation. In 2005, the City of Round Rock submitted a project proposal to the Texas Water Development Board (TWDB) for funding consideration through the FY 2006 Drinking Water State Revolving Fund (DWSRF). The project that was submitted,was the Raw Water Delivery System, which is on the utility's capital improvement program and will provide capacity improvements to Round Rock's intake pumps and transmission system at Lake Georgetown. The City was notified that the project was accepted to the TWDB Intended Use Plan making it eligible ifor funding through the MAY 25, 2006 revolving loan program. This action authorizes the City to file the appropriate application information to TWDB for the loan. It does not commit the City to accept the loan. The DWSRF offers the City a very competitive alternative financing method to traditional open market financing and fits well with the overall debt service structure of the utility. Current) the insured DWSRF loan rate is 2.95% for u to 20 ears. Y. P Y Garry Kimball of First Southwest Company, the City's financial advisor explained the • details of the program. RESOLUTION NO. WHEREAS, the City Council of the City hereby finds and determines that there is an urgent need for the City to improve the City's water system, and WHEREAS, such capital improvements cannot be reasonably financed unless financial assistance is obtained from the Texas Water Development Board, and WHEREAS, the.City Council now desires to request financial assistance in an amount not to exceed Twelve Million and No/100 Dollars ($12,000,000), Now Therefore BE IT RESOLVED BY THE COUNCIL OF.THE CITY OF ROUND ROCK, TEXAS THAT, 1. The City Manager is hereby authorized to file with the Texas Water Development Board an application for financial assistance in an amount not to exceed Twelve Million and No/100 Dollars ($12,000,000) to provide for the costs of construction of improvements to the City's water system. 2. The City Manager is hereby designated as the authorized representative of the City for purposes for furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and complying with the rules of the Texas Water Development Board. 3. The following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City before any hearing held by the Texas Water Development Board on such application, to wit: • Financial Advisor Bond Counsel Mr. Garry Kimball Ms. Carol Polumbo First Southwest Company McCall, Parkhurst & Horton L.L.P. 300 West 6th Street, Suite 1940 600 Congress Avenue, Suite 1250 Austin, Texas 78701 Austin, Texas 78701 512-481-2000 512-478-3805 General Counsel Engineer Mr. Stephan L. Sheets Mr. Allen Woelke, P.E. Sheets & Crossfield, P.C. Camp Dresser & McKee, Inc. 309 E. Main Street 12357-A Riata Trace Parkway, Round Rock, Texas 78664 Suite 210 512-255-8877 Austin, Texas 78727 512-346-1100 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject mater hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of May, 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. 11.C.1. Consider a resolution authorizing the Mayor to execute an agreement with Economic Research Associates for consulting services related to the feasibility of a City i MAY 25, 2006 Event Center Facility. David Kautz, Assistant City Manager made the staff presentation. ERA will analyze alternative concepts for the possible development of a major new city facility to house special events. This proposal will include an analysis of possible options that will work towards advancing economic development goals of the community. The cost of the agreement will not to exceed $75,000.00 and will be paid by the Hotel Occupancy Tax • Fund, and Round Rock Chamber of Commerce Momentum Funding. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for an Event Facilities Assessment, and WHEREAS, Economic Research Associates has submitted an Agreement for Professional Consulting Services for Event Facilities Assessment to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Economic Research Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services for Event Facilities Assessment with Economic Research Associates, 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 251h 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. 11.D.1. Consider a resolution authorizing the Mayor to execute a contract with H. Deck Construction for the Red Bud Lane Sidewalk Improvements (CR 122 Phase 3B) Project. Tom Word, Chief of Public Works Operations made the staff presentation. This contract is for the construction of approximately 8,750 linear feet of 5-foot wide concrete sidewalk with associated improvements including unclassified excavation/ embankment, segmental retaining walls, drainage improvements, grading, pavement markings and establishment of • vegetation on disturbed areas along the west side of Red Bud Lane from Gattis School Road to Forest Creek Boulevard and along the east side of Red Bud Lane from Forest Creek Boulevard to County Road 123. One contractor submitted a bid for the project that was opened and read on May 9, 2006. The City's consultant, Baker-Aicklen &Associates, Inc., researched the references, evaluated the bid and recommended that the contract be awarded to H. Deck Construction Company. The proposed contract amount of $683,399.80 is within current available construction budget and engineering construction cost estimate 10 MAY 25, 2006 for the project. The Project is scheduled for completion by August 31, 2006. This project was presented to the Bond Overview Committee by HOAs, and neighborhood residents in the vicinity of the Project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Red Bud Lane Sidewalk Improvements Project (CR 122 Phase 3B), and WHEREAS, while only one bid was received from H. Deck Construction Company, the • City Council has determined that the bid is acceptable, 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 Red Bud Lane Sidewalk Improvements Project (CR 122 Phase 3B) The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day Yof May, 2006. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11.D.2. Consider a resolution authorizing the Mayor to execute Change Order No. 5 to the Contract with H. Deck Construction Co. for the Round Rock West Street Improvements Project. This item was approved under the consent agenda. The cost is $40,922.82. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with H. Deck Construction Company for the Round Rock West Street Improvements Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quality of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 5, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 5 to the Contract with H. Deck Construction Company 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 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 25th day of May, 2006. 11.E.1. Consider a resolution authorizing the Mavor to execute a contract with Atmos Energy for gas line relocation on Kiphen Road. Thomas G. Martin, P.E., 11 MAY 25, 2006 Transportation Services Director made the staff presentation. In order to accommodate street widening improvements,, gas lines are needed to be relocated by ATMOS Energy in order to continue with construction. The work will consist of relocating approximately a roximatel 150 ft of 4-inch Line L and 150 feet of 8-inch Line 2"d L to accommodate improvements on and widening of Kiphen Road. The cost is $82,000.64. • RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement with Atmos Energy Corporation ("Atmos") for the relocation of gas lines owned by Atmos in connection with the Kiphen Road 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 Atmos Energy Corporation, a copy of same being attached hereto as Exhibit"A" and incorporated;herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th 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. 11.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the Contract for Engineering Services with HDR Engineering, Inc. for the Arterial A, US 79 to Chandler Creek Proiect. Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. This supplemental contract will provide for continuing engineering services for Arterial A that includes preparation of Plans, Specifications & Estimates, finalization of alternatives and recommendations regarding the Union Pacific Railroad bridge, finalize coordinating the findings with US 79 bridge project, and providing required geotechnical work. HDR Engineering, Inc., has been the design engineer for the Arterial A project,since its inception. Their;continued efforts to provide a • resolution of the project will provide consistent project knowledge and coordination with already familiar entities. The cost is $378,836.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with HDR Engineering, Inc. for the Arterial A, US 79 to Chandler Creek Project, and WHEREAS, HDR Engineering, 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 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 12 MAY 25, 2006 That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 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 25th day of May, 2006. MOTION: Mayor Pro-tem McGraw 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. *11.E.3. Consider a resolution authorizing the Mayor to execute Change Order No. 5 with RGM Constructors, L.P. for the construction of A.W Grimes Boulevard Phase II from Lake Creek to US 79. This item was approved under the consent agenda. The cost is $48,611.00. 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. 5, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 5 to the Contract with RGM Constructors, L.P. for the A.W. Grimes, Phase 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 25th day of May, 2006. *11.F.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Whitney Partnership, et a/ for the purchase of a 0.661-acre tract of land for the Kiphen Road Improvement Project. This item was approved under the consent agenda. • The cost of the tract is $84,546.00. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.661 acre tract of land for additional right-of-way for the Kiphen Road Project,and WHEREAS, Whitney Partnership, James P. O'Connor, as custodian for Patrick T. O'Connor and Nicholas E. O'Connor, Christopher A. Wilson, as custodian for Colin A. Wilson and Parker L. Wilson, the owners of the property, have agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. 3 MAY 25, 2006 That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Whitney Partnership, James P. O'Connor, as custodian for Patrick T. O'Connor and Nicholas E. O'Connor, Christopher A. Wilson, as custodian for Colin A. Wilson and Parker L. Wilson, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of May, 2006. *11.G.1. Consider a resolution authorizing the Mayor to execute a Subrecipient Agreement with the Governor's Division of Emergency Management for an Emergency Management Performance Grant. This item was, approved under the consent agenda. RESOLUTION NO. WHEREAS, the Governor's Division of Emergency Management, Texas Department of Public Safety has made grant funds available to the City of Round Rock through the 2006 Emergency Management Performance Grant Program, and. WHEREAS, the City Council wishes to accept said grant funds to partially fund two Emergency Management Coordinator positions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Notice of Subrecipient Grant Award, a copy if same being attached, hereto as Exhibit "A" and incorporated herein for all purposes,. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of May, 2006. *11.H.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with S.D. Kallman, L.P. for the Kensington Park 16-inch Waterline Improvement Proiect. This item was approved under the consent agenda. The cost is $103,250. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Kensington Park 16-inch Waterline Improvement Project, and WHEREAS, S.D. Kallman, L.P. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with S.D. Kallman, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with S.D. Kallman, L.P. forthe Kensington Park 16-inch Waterline Improvement 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 25th day of May, 2006. *11.H.2. Consider a resolution authorizing the Mayor to execute an Agreement for Removal and Disposal of Liquid or Dewatered Sludge from Water Treatment Plant with 14: MAY 25, 2006 Central Texas Refuse, Inc. This item was removed from the consent agenda at the request of staff and addressed at this time. Tom Clark, Water/Wastewater Utility Director made the staff presentation. This is an annual contract for the transportation, handling, removal and disposal of liquid or dewatered sludge from the Water Treatment Plant. Three bids for this service were received on January 17, 2006. Staff recommended award of the bid to Central Texas Refuse, Inc. who • was the low bidder. The agreement has the potential to be a 5-year agreement at a cost of approximately $321,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the removal and disposal of liquid or dewatered sludge from the Water Treatment Plant, and WHEREAS, Central Texas Refuse, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Central Texas Refuse, 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 Removal and Disposal of Liquid or Dewatered Sludge from Water Treatment Plant with Central Texas Refuse, 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 25th day of May, 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. COUNCIL COMMENTS: None EXECUTIVE SESSION: 13.A. Executive Session as authorized by 8551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council recessed to the Executive Chamber for the Executive Session. Mayor • Maxwell called the Executive Session to order at 9:10 p.m. and adjourned at 9:34 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 9:34 p.m. f spectfu ly Submi ted Christine R. Martinez, City Secretary 15. JUNE 8, 2006 The Round Rock City Council met in Regular Session on Thursday, June 8, 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, and Councilmember Ted Williamson. Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: The following individuals expressed their concern regarding the cost of prosecuting the student protestors. Efrain Davila, 1703 Indian Camp Rita Gonzales-Garza, 1514 Homewood Circle PRESENTATIONS: 5.A.1. Consider a presentation regarding the City's Health Insurance Plan. Teresa Bledsoe, Human Resources Director made the staff presentation. Ms. Bledsoe's presentation provided an update on the plan performance for the first quarter of plan year 2006 • and provided an overview of options that are being explored for plan year 2006 - 2007. 5.B.1. Consider a presentation regarding the status of the Behrens Ranch Public Improvement District and the potential issuance of developer reimbursement bonds. David Kautz, Assistant City Manager made the staff presentation. In April 2000, the City created the Behrens Ranch Public Improvement District (PID). The City agreed to levy assessments on property within the PID to reimburse the Developer (Mason Development) for the costs of public improvements for the development including water, wastewater, irrigation, road and drainage facilities. At this time all the improvements have been completed. In addition, the City agreed to use its best efforts to sell bonds for reimbursement of the improvements. The developer has requested that the City issue bonds for the reimbursement of the improvements. The costs of the financing and City administrative costs are paid.from the property owner assessments. The City has previously reimbursed the developer,$550,000 in cash from • assessments collected to date. Garry Kimball of First Southwest Company outlined the tentative timetable and proposed financial terms for the issuance of the Behren's Ranch Public Improvement District Special Assessment Revenue Bonds, Series 2006. CONSENT AGENDA: 16, JUNE 8, 2006 The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7.A. Consider approval of the City Council minutes for May 25, 2006. *9.C.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Round Rock Code of Ordinances revising the Drought Contingency and Peak Day Water Use Management Plan. • (Second Reading) *9.D.2. Consider an ordinance authorizing the placement of a stop sign on Plantation Court at Plantation Drive. (First Reading) (Requires two readings) *10.B.1. Consider a resolution authorizing the Mayor to execute a Change Order #1 with RGM Constructors L.P., for additional construction services in conjunction with Kiphen Road Phase II. *10.E.3. Consider a resolution authorizing a property tax refund to Chandler IH 35 Retail, LTD. for 2005 taxes in the amount of $2,855.02. *10.E.4. Consider a resolution authorizing a property tax refund to Round Rock Garden Park Apartments for 2005 taxes in the amount of $2,061.62. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPROVAL OF MINUTES: 7.A. Consider approval of the City Council minutes for May 25, 2006. This item was approved under the consent agenda. PUBLIC HEARINGS: 8.A.1. Consider public testimony regarding the application filed by NNPTeravista, L.P., to zone 5.816 acres and 16.004 acres located at the S.E. corner of Teravista Parkway and Oakmont Drive to C1a (General Commercial Limited) and MF (Multifamily), respectively. Jim Stendebach, Planning Director made the staff presentation. This property was changed on the Future Land Use • Map from Business Park to Mixed Land Use as part of the first phase of revisions to the General Plan. This designation was appropriate due to the unique location of the tract between the new outlet mall (to the west) and the Teravista subdivision (to the east). The applicant has requested commercial zoning (C-1a) on the west side of the property and multifamily zoning on the east side. The Planning and Zoning Commission recommended approval of the proposed zoning at their May 3, 2006, meeting. 4 JUNE 8, 2006 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.2. Consider public testimony regarding the application filed b Joe and Billie Rea et P Y 9 9 pP v Rep a, to rezone 2.7 acres described as Lot 12, Block 1, and Lots 14, Block 2, Egger's Acres, from SF2 (Single Family - Standard Lot) to OF (Office). Jim Stendebach, Planning Director made the • staff presentation. Since the subject lots were platted in 1959 the traffic along U.S. Highway 79 has dramatically increased, making them unsuitable for use as residences. Therefore, the homeowners requested a change in zoning from SF2 (Single Family - Standard Lot) to OF (Office) zoning. Staff supports the Office zoning as a use that is both appropriate for highway frontage and compatible with the single-family residences adjacent to the north. The Planning and Zoning Commission recommended approval of the proposed OF zoning at their May 3, 2006, meeting. Mayor Maxwell opened the "public hearing. There being no public testimony, the public hearing was closed. 8.A.3. Consider public testimony regarding the application filed by Jeffrey Way, Ltd., to rezone 5.548 acres described as Lot 1, DKRC Subdivision, from LI (Light Industrial) to C1a (General Commercial - Limited) Jim Stendebach, Planning Director made the staff presentation. This tract, along with all of the properties along this stretch of the IH35 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 given to these properties in the General Plan did not include the C1 (General Commercial) zoning district, but rather called for a more restrictive commercial zoning designation. The applicant has requested Cla (General Commercial - Limited) for the property. The Planning and Zoning Commission recommended approval of the proposed zoning at their May 3, 2006, meeting. Mayor Maxwell opened the public hearing. The following individuals spoke during the public hearing. Buck Debree, 3110 RR 620 North John Moman, 1701 Johnson Way 8.A.4. Consider public testimony concerning proposed amendments to Chapter 11, Zoning, to add an Agricultural (AG):zoning district and to address the treatment of properties • within the city limits without a zoning classification. Jim Stendebach, Planning Director made the staff presentation. As the city continues to initiate annexations in the ETJ, landowners of newly annexed tracts have expressed an interest in continuing existing agricultural uses until a land use proposal for their tract is determined. Staff proposed a new Agricultural (AG) zoning district to accommodate this request. The Agricultural district provides landowners with the flexibility they need to continue agricultural operations while providing the city with the assurance that Round Rock development standards are met. Staff also proposed provisions to address the treatment of 18' JUNE 8, 2006 properties within the city limits without a zoning classification also to ensure Round Rock development standards are met. In addition, several compatibility standards have been included in the district to protect adjacent residential'properties and neighborhoods. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.5. Consider public testimony regarding the application filed by Chandler Road Properties, L.P., to rezone 29.909 acres of land located at the S. E. corner of Hidden Valley Drive and Sunrise Road from,C1 (General Commercial, SF2 (Single Family - Standard Lot), and MF (Multifamily) zoning district to PUD 68 (Planning Unit Development). Jim Stendebach, Planning Director made the staff presentation. This property is currently a mix of C1, MF and SF2 zoning. The proposed PUD would eliminate these districts and replace them with development standards for a multifamily development of approximately 15 units per acre. In addition, it would eliminate commercial uses along Sunrise Road south of Hidden Valley Drive and would allow for the "clustering" of residential units on the site, which will preserve the stand of trees on the far eastern end of the property. Although the total number of potential residential units will increase with this rezoning, the PUD limits the density to less than what would ordinarily be allowed in straight MF zoning (15 units/acre rather than 20 units/acre). In addition to preserving the trees on the eastern end of the property, the PUD also includes a number of other requirements that ensure compatibility with the neighboring residences and will make a development superior to • straight MF zoning. The Planning and Zoning Commission recommended approval of the proposed zoning at their May 3, 2006, meeting. Mayor Maxwell opened the public hearing. The following individuals spoke during the public hearing. Bobbi Dansen, 1103 Water Birch, President of Eagle Ridge HOA Jerry Winthrop, Developer 8.A.6. Consider public testimony regarding the proposed Unilateral Annexation of 32.170 acres of land located at the S.E. corner of Red Bud Lane and CR 123. (Also known as the Johnson Tract). Jim Stendebach, Planning Director made the staff presentation. This tract of land known as the Johnson Tract is a total of 32.170 acres located on the south side of CR 123, north of the Greenfield Subdivision and east of CR 122. It is the city's desire to annex this tract 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. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.7. Consider public testimony regarding the proposed Unilateral Annexation of 46.45 acres of land located at the N.W. corner of A.W. Grimes Boulevard and Gattis School Road (Also known as Round Rock East Subdivision A W Grimes ROW and Wigginton tracts) Jim I9 )UNE 8, 2006 Stendebach, Planning Director made the staff presentation. This tract of land is comprised of Round Rock East, an unrecorded subdivision, a portion of A.W. Grimes ROW and Wigginton 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. It is the city's desire to annex 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. Mayor Maxwell opened the public hearing. The following individual spoke during the public hearing. O'Barr Rost, 103 E. Main Street ORDINANCES: 9.A.1. Consider an ordinance providing for Texas Municipal Retirement System (TMRS buyback provision. (First Reading) Teresa Bledsoe, Human Resources Director made the staff presentation. This ordinance allows certain employees of the City who have terminated previous memberships in the TMRS, to deposit the sums withdrawn, plus annual withdrawal charges allowing any such employee credit in the system for all service to which the employee had been entitled to at date of withdrawal. There are 25 employees eligible to buy back service as of 1/20/06. The City's contribution rate will not be changed immediately upon adoption. It is only impacted as an eligible employee buys back his or her previously forfeited credit. Each year, after • adoption of the buyback provision, the City's contribution rate will reflect all actual buybacks through the current valuation date. The eventual effect on the city's contribution rate could be an increase of .07%. ORDINANCE NO. AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THE CITY OF ROUND ROCK, TEXAS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Williamson Mayor Maxwell Nays:. None Absent: Councilmember Rhode 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 20- JUNE BF 2006 Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried ried unanimous)Y. 9.B.1. Consider an ordinance annexing 21.820 acres of land located at the S.E. corner of Teravista Parkway and Oakmont Drive. (Teravista, Section 32) (First Reading) Jim Stendebach, • Planning Director made the staff presentation. This 21.820-acre tract is part of a 107-acre tract located north of the Scott and White Memorial Hospital tract and west of the Teravista Subdivision at the southeast corner of Teravista Boulevard and Oakmont Drive and immediately east of Round Rock Premier Outlets. The developer is requesting annexation in order to be able to receive city utility services, since this tract will not be a part of the Teravista Municipal Utility District. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 21.820 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER. ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode 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 Councilmembersresent and to adopt the P P ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9.B.2. Consider an ordinance zoning 5.816 acres and 16.004 acres of land located at the S.E. corner of Teravista Parkway and Oakmont Drive to C-la (General Commercial - Limited) and MF (Multifamily), respectively. (First Reading) Jim Stendebach, Planning Director made the staff presentation during the public hearing which was held earlier in the meeting. ORDINANCE NO. F ' 211- JUNE 8, 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 ZONE 5.816 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1a (GENERAL COMMERCIAL - LIMITED), AND TO ZONE 16.004 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT MF (MULTIFAMILY). 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode 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 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9.6.3. Consider an ordinance rezoning 2.7 acres described as Lot 12, Block 1, and Lots 1- 4, Block 2, Eg_ger's Acres from SF2 (Single Family - Standard Lot) to OF (Office). (First Reading) Jim Stendebach, Planning Director made the staff presentation during the public hearing, which was 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 2.7 ACRES OF LAND, KNOWN AS LOT 12, BLOCK 1, AND LOTS 1-4, BLOCK 2 OF EGGER'S ACRES IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT OF (OFFICE). MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Williamson seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 22 JUNE 8, 2006 MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson • Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9.B.4. Consider an ordinance rezoning 5.548 acres described as Lot 1, DKRC Subdivision from LI (Light Industrial) to C-1a (General Commercial - Limited). (First Reading) Jim Stendebach, Planning Director made the staff presentation during the public hearing, which was 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 5.548 ACRES OF LAND, KNOWN AS LOT 1 OF DKRC SUBDIVISION, 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 Williamson seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9.B.5. Consider an ordinance amending Chapter 11 Zoning to add an Agricultural (AGI zoning district and to address the treatment of properties within the City limits without a zoning classification. (First Reading) Jim Stendebach, Planning Director made the staff presentation during the public hearing, which was held earlier in the meeting. ORDINANCE NO. 23 JUNE 8, 2006 AN ORDINANCE AMENDING CHAPTERS 2 AND 11, SECTIONS 2.701, 2.801, 11.312, 11.401, 11.403, 11.423, 11.800 AND APPENDIX A, AND ADDING SECTIONS 11.317 AND 11.414.1 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND KEEPING OF LIVESTOCK REQUIREMENTS; TO AMEND LIMITING THE NUMBER OF FOWL; TO AMEND THE APPLICABILITY OF A ZONING DISTRICT FOR ANNEXED LANDS; TO ADD THE TREATMENT OF PROPERTY WITHOUT A ZONING CLASSIFICATION• TO AMEND THE ESTABLISHED ZONING DISTRICTS; .TO AMEND THE USE OF THE TERM "LIVESTOCK STORAGE" TO "LIVESTOCK" OR "LIVESTOCK RAISING"; TO ESTABLISH THE AG (AGRICULTURAL) ZONING DISTRICT; TO ADD STANDARDS FOR LIVESTOCK RAISING; TO ADD DEFINITIONS; TO AMEND THE DEFINITION OF "LIVESTOCK STORAGE" TO "LIVESTOCK;" AND PROVIDING FOR A SAVINGS CLAUSE AND • REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous cons ent,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 Williamson Mayor Maxwell Nays: None _ Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9.6.6. Consider an ordinance rezoning 29.909 acres of land located at the S.E. corner of Hidden Valley Drive and Sunrise Road from C-1 (General Commercial), SF2 (Single Family - Standard Lot), and the MF (Multifamily) to PUD 68 (Planned Unit Development). (First Reading) Jim Stendebach, Planning Director made the staff presentation during the public hearing, which was 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 (1 995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL), SF-2 (SINGLE FAMILY-STANDARD LOT), AND MF (MULTIFAMILY) TO PLANNED • UNIT DEVELOPMENT (PUD) NO. 68. MOTION: Councilmember Salinas 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode 24. JUNE 8, 2006 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 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *9.C.1. Consider an ordinance amending Chapter 10, Section 10.800 of the Round Rock Code of Ordinances revising the Drought Contingency and Peak Day Water Use Management Plan. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, AMENDING SECTION 10.800 OF THE ROUND ROCK CODE OF ORDINANCES PERTAINING TO THE DROUGHT CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; PROVIDING FO THE REPEALING OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. 9.D.1. Consider an ordinance authorizing the placement of 15 minute parking for three (3) designated spaces on the 300 block of Sundance Parkway. (First Reading) (Requires two readings) Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. • Placement of signs is to assure parking for delivery vehicles and "drop off" customers. Currently delivery vehicle are double-parking on Sundance Parkway creating a potential hazard for throughway traffic. 9 Y ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1817, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH A FIFTEEN MINUTE PARKING ZONE ON A PORTION OF SUNDANCE PARKWAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson • Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *9.D.2. Consider an ordinance authorizing the placement of a stop sign on Plantation Court at Plantation Drive. (First Reading) (Requires two readings) This item was approved under the consent agenda. ORDINANCE NO. 2, 5' JUNE 8, 2006 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF PLANTATION COURT AND PLANTATION DRIVE AS A STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute the Final Compromise Settlement Agreement and Release from Vista Development Associates, LP to the City of Round • Rock. Steve Sheets, City Attorney made the staff presentation. In January of 1987, the City entered into a Water and Wastewater Agreement with L&N Land Corp., and Williamson County MUD No. 9. Among other things, the agreement contemplated that a fire station would be built on Lot 72, Block E, Vista Oaks Section 2A, Phase II, and Vista Oaks Development. A dispute has arisen between the City, The MUD and VDALP, the,current owners of said Lot 72, regarding who has the responsibility to pay the cost of constructing the fire station. The City, the MUD and Vista Development Associates Limited Partnership (VDALP) have reached a tentative settlement concerning all of the claims of the parties with respect to the lot and the fire station. VDALP will convey title to Lot 72 to the City. VDALP will have no obligation to pay a portion of the cost of a fire station and the City will have no obligation to construct a fire station on the Lot. RESOLUTION NO. WHEREAS, in January of 1987, the City of Round Rock, Texas ("City"), L&N Land Corp., and Williamson County Municipal Utility District No. 9 ("MUD") entered into a Water and Wastewater Agreement, which addressed, among other matters, the construction of a fire station; and WHEREAS, a dispute has arisen among the City, Vista Development Associates Limited Partnership ("VDALP"), the current owners, and MUD, regarding the ownership of Lot 72, Block E, Vista Oaks Section 2A, Phase II, Vista Oaks Development, Williamson County, Texas (the "Lot"); and WHEREAS, an additional dispute has arisen over VDALP's obligation, if any, to construct a fire station on the Lot, or elsewhere for the benefit of the City; and WHEREAS, a"proposal has been made to settle the dispute on terms acceptable to the City, and WHEREAS, the City Council wishes.to authorize the Mayor to execute a Settlement Agreement for the above referenced matter, Now Therefore BE IT.RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Final Compromise Settlement Agreement and Release, a copy of same-being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares .that written notice of the .date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of June 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. As\ 1 JUNE 8, 2006 *10.B.1. Consider a resolution authorizing the Mayor to execute a Chance Order #1 with RGM Constructors, L.P., for additional construction services in conjunction with Kiphen Road Phase II. 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 Kiphen Road, 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. 1, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 1 to the Contract with RGM Constructors, L.P. for the Kiphen Road, 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 8th day of June, 2006. 10.B.2. Consider a resolution authorizing the Mayor to execute Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation for widening US 79 from west of FM 1460 to County Road 195 (Gap Project). Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. On August 30, 2005, City Council approved Resolution R-05-08-30-5A1 for Amendment No. 1 to the Advance Funding Agreement with TxDOT to widen US 79. The amendment specified manuals, standards and timing for utility plans, specifications and estimates. On October 25, 2001, City Council approved resolution R-01-10-25- 9F3 for an Advance Funding Agreement with TxDOT to widen US 79. The project includes widening the roadway from a 4 lane undivided section to a 4 lane divided section with bridges for the future Arterial "A" grade separation and left turn lanes for A.W. Grimes Boulevard. Based on the construction contract awarded to Joe Bland Construction, L.P., TxDOT revised the payment provisions of the Advance Funding Agreement from $1,371,200 to $2,723,137. The level of City participation remains unchanged at 20% for construction of roadway items, 100% for construction of bridge items, 20% for bridge items construction inspection and engineering, 100% for water line betterment, 10% for water line non-betterment and 10% for remaining City utility .adjustments. The amendment is for $1,351,937. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Advance Funding • Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the relocation of utilities on US 79 from east of FM 1460 to west of FM 1460 more specifically described as from C.R. 195 to 1500' west of FM 1460 project ("Project"), and WHEREAS, by Resolution No. R-02-07-25-14F5, the City Council approved the Agreement, and WHEREAS, by Resolution No. R-05-08-30-5A1, the City Council approved Amendment No. 1 to the Agreement, and WHEREAS, the City Council desires to enter into Amendment No. 2 to the Agreement with TxDOT for the relocation of utilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Advance Funding Agreement Amendment No. 2 with TxDOT, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. 27 JUNE 81 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 8th day of June, 2006. MOTIO-N: 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.C.1. Consider a resolution directing the Planning Director to prepare as service plan for the proposed annexation of 2,572 acres of land more or less out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey known as Texas Crushed Stone, Georgetown Railroad Company and FM 1431 ROW Tract, and City Water Treatment Plant. Jim Stendebach, Planning Director made the staff presentation. The tract of land known as the Texas Crushed Stone, Georgetown Railroad Company, FM 1431 ROW, and City Water Treatment Plant is a total of 2,572 acres located on both the north and south boundaries of FM 1431 and on the west side of • Interstate 35. It is the city's desire to annex the tract in order to control the development of this area. The annexation of the City property, which is currently being used as a water plant is to protect the appearance of the northern gateway corridor into the city. The inclusion of the FM 1431 ROW, which is part of the City of Round Rock's Master Transportation Plan, will help provide consistent police and fire protection in that area. Public hearings are scheduled for July 13, 2006, . and July 27, 2006. Written notices will be 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 June 9, 2006. Notices will appear in the Round Rock Leader on July 1, 2006 and July 15, 2006 and will be posted on the City's Website on June 30, 2006 and July 14, 2006, respectively. 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. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all- times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as-amended. RESOLVED this 8th day of June 2006. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Honeycutt seconded the motion. TUNE 8, 2006 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute a contract with Jacobs • Facilities, Inc. for a Community Needs Assessment for Indoor Recreational Facility for the Westside Recreation Center Project. Rick Atkins, Parks and Recreation Director made the staff presentation. On November 6, 2001, the Round Rock voters approved a $17.3 million proposition for parks and recreation projects. Of that $17.3 million, the City earmarked $7.075 million to build a recreation center on the west side of town. The Recreation Center Project was included in the Bond Election package by the Council at the recommendation of a Citizen Bond Task Force that met for several months prior to the election, to review projects for possible inclusion on the ballot. Staff concurred with the recommendation of the Task Force due to the high use at the Clay Madsen Recreation Center, which opened in July 2000. This consultant will guide decisions related to determining and providing for the City's indoor recreational facility needs. This assessment is necessary to determine the appropriate amenities and location. In addition, this assessment will help in the City's efforts to determine the best approach to provide the City's Indoor Recreation facilities. The cost of the contract is $58,800.00. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for a Community Needs Assessment for Indoor Recreational Facility, and WHEREAS, Jacobs Facilities, Inc. 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 Jacobs Facilities, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services and a Work Made for Hire Agreement with Jacobs Facilities, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 8th day of June 2006. 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 29 JUNE 8, 2006 10.D.2. Consider a resolution authorizing the Mayor to execute a contract with Grindline Skateparks, Inc. for construction of the skatepark portion of the Greater Lake Creek Park Improvement Project. Rick Atkins, Parks and Recreation Director made the staff presentation. This contract is for the design and construction of the City's first skate park. The skate park will be located behind the Clay Madsen Recreation Center and is a part of the Greater Lake Creek Park • Project. This project is partially funded by the Texas Parks & Wildlife Department (TPWD) and a Grant from the Lower Colorado River Authority (LCRA). RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised its Request for Qualifications to obtain services for the design and construction of a facility referred to as the "Round Rock Skate Park, Phase I," being a portion of the Greater Lake Creek Park Improvement Project, and WHEREAS, Grindline Skateparks, Inc. submitted the proposal offering the best value for the City on the basis of the City's published selection criteria and its ranking evaluations, and WHEREAS, the City Council wishes to accept the proposal of Grindline Skateparks, 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 Grindline Skateparks, Inc. for the design and construction of the "Round Rock Skate Park, 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 8th day of June 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 Nays: None Absent: Councilmember Rhode . ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the Mayor to execute an agreement for Construction Services with Ceda - Tex Services for the Round Rock West Park Development Project. Rick Atkins, Parks and Recreation Director made the staff presentation. This project will replace the existing deteriorated trail with a safer and more accessible walking/jogging trail in the park including site furnishings. This project facilitates the community's need for a safe recreational trail in the park since there are currently no accessible trails in the Round Rock West • Park. The cost of the agreement is $52,050.96. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Round Rock West Park Development Project, and WHEREAS, Ceda - Tex Services has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Ceda - Tex Services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Ceda - Tex Services for the Round Rock West Park Development Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the 3. 0 JUNE 8, 2006 subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of June 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Brockway, Gersbach, McKinnon & Niemeier, P.C. for the annual audit for the fiscal year ending September 30, 2006. Cindy Demers, Finance Director made the staff presentation. The City's Charter requires an annual audit of the financial records to be performed by an independent certified public accountant. The audit provides an independent examination of financial records, activities and operations to assess internal control practices, compliance with regulations, grant terms, bond covenants, contractual requirements and fairness of presentation of financial information. The recommended firm will also provide valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls, policies and procedures. The cost of this service is $73,750.00. • RESOLUTION NO. WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Brockway, Gersbach, McKinnon & Niemeier, P.C. has submitted an engagement letter to provide said audit for the fiscal year ending September 30, 2006, and WHEREAS, the City Council wishes to enter into said engagement letter, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with Brockway, Gersbach, McKinnon & Niemeier, P.C. to conduct said audit, a copy of said engagement letter being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted-was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of June 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.E.2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the City of Georgetown granting use of public rights of way to deliver electric services. David 31: JUNE 8, 2006 Kautz, Assistant City Manager made the staff presentation. Georgetown's electric utility has service area in the northern part of the City of Round Rock, which includes the Round Rock Premium Outlet property. Staff negotiated an Interlocal agreement granting the use of Round Rock public right of way to deliver electric service to the area. This negotiated agreement is based on the terms listed below. • 1. Term - 10 years 2. Applies to electric power delivered to customers within the City of Round Rock. 3. Use Fee .0028872 per kWh delivered 4. Use Fee paid annually 5. Fee reviewed an updated in 3'year intervals Micki Rundell, Finance Director and Jim Briggs, Assistant City Manager of Utility Operations with the City of Georgetown were present at the 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 with the City of Georgetown for the use of public rights of way to deliver electric 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 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 8th day of June, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *10.E.3. Consider a resolution authorizing a property tax refund to Chandler IH 35 Retail, LTD. for 2005 taxes in the amount of $2,855.02. 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, Chandler IH 35 Retail, LTD. has made an overpayment or erroneous payment of 2005 taxes in the amount of $2,855.02; 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 $2,855.02. JUNE 8, 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 8th day of June 2006. *10.E.4. Consider a resolution authorizing a property tax refund to Round Rock Garden Park Apartments for 2005 taxes in the amount of $2,061.62. 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, Round Rock Garden Park Apartments has made an overpayment or erroneous payment of 2005 taxes in the amount of $2,061.62; 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 $2,061.62. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of June 2006. APPOINTMENTS: • 11.A. Consider appointment of Mayor Pro-tem. MOTION: Mayor Maxwell moved that Alan McGraw be appointed as Mayor Pro-tem by acclamation. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Y Y Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 1 11.B. Consider appointment of the Municipal Judge and Associate Municipal Judge. MOTION: Mayor Pro-tem McGraw moved to reappoint Dan McNery as the City's Presiding Municipal Judge and Troy Voelker as the Associate Municipal Judge by acclamation. Councilmember Honeycutt seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. r 3 3= JUNE 8, 2006 11.C. Consider appointments to the Task Force to Enable Philanthropy for Arts and Cultural Activities. This item was withdrawn from the agenda and will be addressed at a future Council meeting. COUNCIL COMMENTS: Mayor Maxwell announced that former Councilmember Earl Palmer has been selected as the recipient of the Community Builder Award fro the 2005-2006 by the • Round Rock Masonic Lodge. In addition, Mayor Maxwell announced that the Rock 'n River Water Park will open on June 16 at 10:30 a.m. EXECUTIVE SESSION: 12.A. Consider Executive Session as authorized by 5551.071 Government Code, related to pending or contemplated litigation, to wit: Nelson L. Nagle, Nagle Holdings, LP, and Round Rock Development Group, LLC. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Maxwell at 9:04 p.m. and adjourned at 9:50 p.m. The Council returned to the Council Chamber for adjournment. ADJOURNMENT: There being no further business, the meeting adjourned at 9:50 p.m. R spectfuJly Submitted, , • 'Christine R. Martinez, City Secretary • 34 JUNE 22, 2006 The Round Rock City Council met Regular Session on Thursday, June 22, 2006 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER: Mayor Pro-tem McGraw called the session to order at 7:00 p.m. 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, Councilmember Scott Rhode, and Councilmember Ted Williamson. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Chris Glancy, 915 Greenbriar Loop, spoke on the Stony Point Girls LaCrosse team and the Texas Lacrosse Showdown. Susan Merrick, 1715 Cattle Drive, Cedar Park, of AT&T gave a brief status report on the road projects for Kiphen Road, Red Bud Lane and IKEA project. Linda Bolding, 1612 Scenic Loop, spoke on funding for events using the Hotel Occupancy Tax fund. • Gene Storie, 1701 Lime Rock, Drive, Round Rock spoke on funding for the Arts. The following individuals expressed their concern of the Tourism Commission's recommendation regarding the funding request for Sam Bass Community Theatre. Andrea Johnson for Michael Johnson, 1507 Oakridge Drive, Round Rock Brandon Harris, 16012 Braesgate Drive, Austin Alicia Feazell, 707 Dewberry Drive, Cedar Park Katherine Drayer, 9001 Brimstone Cove, Austin Gene Storie, 1701 Lime Rock Drive, Round Rock PRESENTATIONS: 5.A.1. Consider a presentation regarding the Tourism Commission's recommendation for Event Funding for 2006-2007. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. Applications for event funding were mailed to previous applicants and advertised on the City website. The applications were reviewed by the Tourism Commission on April 27, 2006. Following is the recommendation from the Commission. • Organization/Event Requested Recommendation Round Rock Community Choir $8,000 $0 Sam Bass Theatre $8,000 $0 Palm House Museum $8,000 $8,000 PONY Sectional/National Softball $10,000 $10,000 Texas La Crosse Showdown $5,000 $5,000 $39,000 $23,000 3 JUNE 22, 2006 5.13.1. Consider a presentation regarding the "Outstanding Achievement in Local Government Innovation" awarded to the City by the Innovations Group. Will Hampton, Communications Director.made the staff presentation. The City submitted the 10-Year Comprehensive Plan for an Innovations Group award. The city's submission titled "Developing Informed Consent for Long-Range Financial Planning" and was awarded the • "Outstanding Achievement in Local Government Innovation. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7.A. Consider approval of the City Council minutes for June 8, 2006. *9.D.1. Consider an ordinance authorizing the placement of 15 minute parking for three (3) designated spaces on the 300 block of Sundance Parkway. (Second Reading) *9.D.2. Consider an ordinance authorizing the placement of a stop sign on Plantation Court at Plantation Drive. (Second Reading) MOTION: Councilmember Honeycutt 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPROVAL OF MINUTES.: *7.A. Consider approval of the City Council minutes for June 8, 2006. This item was approved under the consent agenda. PUBLIC HEARINGS: 8.A.1. , Consider public testimony concerning the granting of a partial exemption from ad valorem taxes for certain qualified historically significant properties. Joelle Jordan, Senior Planner made the staff presentation. The partial tax exemption program for historically significant properties was created in 1988 to encourage owners of historic • properties to use money saved on taxes to provide regular maintenance and/or repair to their historic structures. On May 16, 2006, the Historic Preservation Commission recommended the approval of partial tax exemptions for 58 applications. Mayor Pro-tem McGraw opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.2. Consider public testimony regarding the proposed zoning of 373.85 acres of land to AG (Agricultural) zoning district. (Bison/Telander/ Keller/Krienke/Elrod/Reid Tract)_ 36: ]UNE 22, 2006 A substitute description of the tracts and acreage was presented to the City Council by the Planning Director for their consideration. The proposed zoning is for 221 acres for the Telander, Keller, and Krienke Tracts. Jim Stendebach, Planning Director made the staff presentation. This property was recently annexed in order to preclude any undesirable development that can be operated without City utilities. Although the property is now in the City, it has yet to be assigned a zoning district. The City would like to place the new AG (Agricultural) zoning district on the • property to allow for the continued use of the property without opening it up to inappropriate development. Three property owners, Telander, Keller, and Krienke have specifically requested the AG (Agricultural) zoning district. The Planning and Zoning Commission recommended approval of the proposed zoning at their May 3, 2006, meeting. Mayor Pro-tem McGraw opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.3. Consider public testimony regarding the proposed unilateral annexation of 32.170 acres of land, more or less, out of the Robert McNutt Survey. (Johnson Tract) Jim Stendebach, Planning Director made the staff presentation. This is the second public hearing of the two required public hearings. This tract of land known as the Johnson Tract is 32.170 acres and located on the south side of CR 123, north of the Greenfield Subdivision and east of CR 122. It is the city's desire to annex this tract in order to control the development of this area and to protect the existing single-family residential subdivisions abutting this tract • P 9 9 Y 9 to the south and west. Mayor Pro-tem McGraw opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.4. Consider public testimony regarding the proposed unilateral annexation of 46.45 acres of land, more or less, out of the P.A. Holder Survey. (RR East Subdivision, A.W. Grimes ROW and Wigginton Tract) Jim Stendebach, Planning Director made the staff presentation. This is the second public hearing of the two required public hearings. This tract of land is comprised of Round Rock East, an unrecorded subdivision, a portion of A.W. Grimes ROW and Wigginton 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. It is the City's desire to annex 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. Mayor Pro-tem McGraw opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance ordering the dismissal of Atmos'Energy Corporation Mid-Tex Division's Application for an Interim Gas Reliability Infrastructure Program 37 JUNE 22, 2006 Adiustment for Calendar Year 2005. (First Reading) David Kautz, Assistant City Manager made the staff presentation. Atmos filed a $12 million interim GRIP adjustment on March 31, 2006. On May 31, 2006 Atmos filed a general rate case with the City Secretary for $72 million, including $12 million for the interim GRIP adjustment. The Texas Legislature authorized interim GRIP adjustments between general rate cases. The GRIP statute was • never intended to permit a request for an interim adjustment while a general rate case was pending. Further, the City instituted a show cause proceeding pursuant to GURA § 104.151. Under that statute, the City has the authority to dismiss the pending interim GRIP adjustment request. Under Texas law Atmos may request GRIP only if it has had its rates set as part of a general rate case within two years prior to making the request for an interim GRIP adjustment. Atmos Mid-Tex did not exist before October 2004. It has never had its rates set as part of a general rate case. While it is true that TXU Gas had its rates set in 2004, Atmos Mid-Tex has never undergone such a review. ORDINANCE NO. ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS ORDERING THE DISMISSAL OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION'S APPLICATION FOR AN INTERIM GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENT FOR CALENDAR YEAR 2005; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. • MOTION: Councilmember Honeycutt 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 Nays: None Absent: Mayor Maxwell 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance adopting the 2005-2006 Law Enforcement budget. (First Reading) Police Captain Tim Ryle made the staff presentation. The Asset Forfeiture Program was created by the federal government and later adopted by states as a tool to combat the benefactors of crime by seizing the proceeds and tools of their criminal 3 3; JUNE 220 2006 enterprises. The City participates in sharing programs with several federal law enforcement agencies and the District Attorney's office. Each year, the city budgets the funds the Police Department receives through asset forfeiture proceedings and are held in the Law Enforcement Fund. This year, the Department plans to purchase a variety of capital equipment ranging from computer equipment for the White Collar Crimes Unit to a hazardous chemical storage building. The budget for these expenditures total $226,300. • ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2005-2006 FISCAL YEAR. MOTION: Councilmember Honeycutt 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 Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 9.C.1. Consider an ordinance g rantina a partial exemption from ad valorem taxes qualified historically significant properties. (First Reading). Joelle Jordan, Senior Planner made the staff presentation for this item during the public hearing. • ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A,SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. 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 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. JUNE 22, 2006 3 9.C.2. Consider an ordinance amending Chapter 8, Subdivisions, of the Round Rock Code of Ordinances to establish street access requirements and amend street frontage requirements. (First Reading) Jim Stendebach, Planning Director made the staff presentation. The current Subdivision Ordinance requires lot frontage on a public street, which results in the need for awkward flag lots that provide legal access only. The proposed • amendments to the Subdivision Ordinance contain provisions allowing non-residential lots to be platted along alternate public access that is privately owned and maintained instead of along a public street, thus eliminating the need for flag lots. In addition, alternate public access may be permitted through an approved Planned Unit Development zoning district for non-residential uses as provided for in the Zoning Ordinance. These amendments also includes new provisions to confirm street frontage requirements for single-family lots and to establish street frontage requirements for non-residential lots and residential lots other than single family. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 8.106, 8.404, AND 8.415, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE DEFINITION OF "LOT;" TO ESTABLISH ACCESS REQUIREMENTS; TO AMEND STREET FRONTAGE REQUIREMENTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember • Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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 ACTION: The motion carried unanimously. 9.C.3. Consider an ordinance regarding the proposed zoning of 373.85 acres of land to AG (Agricultural) zoning district. (Bison/Telander/Keller/Krienke/ Elrod/Reid Tract) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. The proposed zoning is for 221 acres for the Telander, Keller, and Krienke Tracts. . 4. 0 JUNE 22, 2006 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 ORIGINALLY ZONE APPROXIMATELY 177.81 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT AG (AGRICULTURAL). 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember.Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford- Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw . Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *9.D.1. Consider an ordinance authorizing the placement of 15 minute parking for three (3) designated spaces on the 300 block of Sundance Parkway. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1817, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH A FIFTEEN MINUTE PARKING ZONE ON A PORTION OF SUNDANCE PARKWAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.D.2. Consider an ordinance authorizing the placement of a stop sign on Plantation Court at Plantation Drive. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF PLANTATION COURT AND PLANTATION DRIVE AS A STOP INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Automotive Parts and Batteries from Arnold Oil Company of Austin Tom Martin, P. E., Transportation Director made the staff presentation. This contract will provide automotive parts and batteries for citywide vehicle maintenance over a period of one year 41 ]UNE 22, 2006 with the option for five - 1-year renewal periods. Arnold Oil Company of Austin has provided automotive parts and batteries for City vehicles for approximately 7 years. The cost of the agreement is $110,000.00. RESOLUTION NO. WHEREAS, the City of Rock has duly advertised for bids for automotive parts and batteries for the City, and • WHEREAS, Arnold Oil Company of Austin has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Arnold Oil Company of Austin, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Automotive Parts and Batteries with Arnold Oil Company of Austin, 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 he were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of June 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 Pro tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.A.2. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement with Union Pacific Railroad Company to increase the City's participation in the cost of the railroad bridge over A.W. Grimes Boulevard. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. This Supplemental Agreement amends the Public Road Crossing Agreement with Union Pacific Railroad (UPRR), approved by the Council on February 2, 2006 to provide an additional $892,109.00 at the request of UPRR to cover unforeseen increases in material and contract costs. This agreement will allow UPRR to reconstruct their bridge over Brushy Creek to accommodate the City's underpass of the Railroad. When completed, 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 estimated cost of this work is $2,599,337.00, which is to be paid as follows: • $569,076.00 payable within 30 days of execution of agreement (previously paid) • $1,015,130.50 payable when reconstruction is 50% complete • $1,015,130.50 payable when reconstruction is 100% complete. Joe Garcia and two other representatives from Union Pacific Railroad were present to answer questions from the Council. 4. 2- JUNE 22, 2006 Steve Sheets presented the following alternate resolution for the Council's consideration. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and the Union Pacific Railroad_Company ("UPRR") entered into a Public Road Crossing Agreement on February 9, 2006, and WHEREAS, UPRR has requested that a Supplemental Agreement be approved increasing the cost of the City's participation to $2,599,337.00, and WHEREAS, the City Council wishes to approve the Supplemental Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, subject to the City Manager's and City Attorney's approval of the final language and terms, a Supplemental Agreement with Union Pacific Railroad Company, a draft 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 June, 2006. MOTION: Councilmember Rhode moved to approve the alternate resolution. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.B.1. Consider a resolution authorizing the Mayor to execute an Amendment to the Deferred Compensation Plan. Teresa Bledsoe. Director of Human Resources made the staff presentation. Nationwide Retirement Solutions, Inc., a Third Party Administrator of the United States Conference of Mayors, Deferred Compensation Program, administers the City's Deferred Compensation Plan for the City employees. This amendment will allow a loan provision to participants through the deferred compensation program. This will increase the employee benefit options to Include: • Flexibility when making decisions on how to finance large purchases. • Debit consolidation - This option would give employees (participants) the option to consolidate and pay themselves back principal and interest. • Tax benefits - A loan offered through the deferred comp plan provides a way to avoid taxes, provided the employee repays what they took out. • Timesaving - The processing of a loan takes about three business days with deposit in the bank within 5 business days. RESOLUTION NO. WHEREAS, the City of Round Rock has previously adopted a Deferred Compensation Plan for Public Employees ("Plan"), and WHEREAS, the City Council wishes to amend said Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Loan to Participants Amendment to Plan Document, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. . q r 43, ]UNE 22, 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 22nd day of June, 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.C.1. Consider a resolution authorizing the Mayor to execute a contract with Nelson Lewis, Inc. for the Blue Tubing Replacement - Kensington Place, Sections 2, 3 & 4 Proiect. Tom Clark, Water and Wastewater Utility Director made the staff presentation. The City set aside funds to perform the replacement of blue polybutylene water service lines with the most current material specified, and update customers' water services. This contract will fund the construction project to complete the blue tubing replacement for approximately 89 water services in Kensington Place Sections 2, 3, &4. The contract is for $199,680. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Blue Tubing Replacement - Kensington Place Sections 2, 3, & 4 Project, and WHEREAS, Nelson Lewis, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Nelson Lewis, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Nelson Lewis, Inc. for the Round Blue Tubing Replacement - Kensington Place Sections 2, 3, &4 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 June, 2006. MOTION: Councilmember, Williamson 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 ACTION: The motion carried unanimously. 4. 4 JUNE 22, 2006 10.C.2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding Preliminary Design Services for Regional Water System with the City_ of Cedar Park and the Lower Colorado River Authority. Tom Clark, Water and Wastewater Utility Director made the staff presentation. The City is in the process of developing the Lake Travis Regional Water Supply System by forming a partnership with Cedar Park, Leander and the Lower Colorado River Authority (LCRA). Staff is currently in the process of finalizing the language and terms of the agreement. The agreement will authorize the LCRA to enter into preliminary engineering design agreements for the project and commit the City to its share of the costs. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement Regarding Preliminary Design Services for Regional Water System 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 Regarding Preliminary Design Services for Regional Water System 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 22nd day of June, 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 ACTION: The motion carried unanimously. 10.D.1. Consider a resolution suspending the effective date for ninety days in connection with the rate increase filing of Atmos Energy Corporation. David Kautz, Assistant City Manager made the staff presentation. This resolution suspends the effective date for ninety days or at least until October 3, 2006 for the Atmos Energy filing of May 31, • 2006. The filing of such a rate filing package is necessary in order to properly set rates. The current effective date for the rate case, which was filed by Atmos on May 31, 2006 is July 5, 2006. The City will need at least 90 days before it is ready to adopt a final decision with regard to Atmos Energy filing. RESOLUTION NO. t r 4 5- TUNE 22, 2006 RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE RATE INCREASE FILING OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ON MAY 31, 2006; 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, Atmos Energy Corporation, Mid-Tex Division ("Atmos Energy") filed a Statement of Intent with the City of Round Rock, Texas ("City") to increase its rates on a system wide basis by more than $60 million and also substantially change its rate design for residential customers so that the more gas that is used the cheaper the rate, and WHEREAS, the City has joined with other local regulatory authorities to form Atmos Texas Municipalities ("ATM"), and WHEREAS, the rate filing is thousands of pages in length with more than a half dozen technical experts, and WHEREAS, it is not possible for the City to complete its review of Atmos Energy's filing of May 31, 2006 within thirty-five (35) days, and WHEREAS, the City will need at least one hundred (100) days before it is ready to adopt a final decision as a local regulatory authority with regard to Atmos Energy's filing, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. The statements and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2._ The effective date for Atmos Energy's filing of May 31, 2006 is July 5, 2006 and hereby suspended for ninety days or at least until October 3, 2006. Section 3. The statutory timeline may be further extended if Atmos Energy does not provide timely and meaningful public notice of its request to increase rates or if its rate filing package is materially deficient. Section 4. 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 Boyle, Special Counsel for the ATM cities, by fax to (512) 474-2507. Section 5. 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 22nd day of June, 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.D.2. Consider a resolution authorizing the Mayor to execute a letter agreement for the extension and modification of a settlement with TXU Electric Delivery. David Kautz, Assistant City Manager made the staff presentation. TXU Electric Delivery and a number of cities in their north Texas service area have reached a settlement agreement to resolve issues arising from "show cause" resolutions passed by the cities. The resolutions would have required the company to file information with those cities to show why the company's transmission and distribution rates should not be reduced. The settlement requires the company to agree to a rate case filing in July 2008 that proposes and supports reduced municipal rates for street lighting and municipal pumping. In addition, the Company will provide monetary and improved street lighting data record for the cities. The company is 46 JUNE 22, 2006 extending the settlement offer to all cities in its service area. This agreement offers the City benefits comparable to the benefits that are reflected in the previous agreements with TXU Steering Committee Cities dated January 27, 2006 and February 22, 2005. RESOLUTION NO. WHEREAS, TXU Electric Delivery ("TXU") and a number of cities in its north Texas service area have reached a settlement agreement to resolve issues arising from Show Cause resolutions passed by the cities regarding TXU's transmission and distribution rates, and WHEREAS, the settlement includes TXU's agreement to file a rate case by July 1, 2008 with the Public Utility Commission that proposes and supports reduced municipal rates for street lighting and municipal pumping, and WHEREAS, TXU is extending the settlement offer to all cities in its service area in exchange for their agreement not to initiate Show Cause Actions concerning TXU's rates prior to July 1, 2008, and WHEREAS, the City desires to enter into a Letter Agreement with TXU regarding the settlement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Letter Agreement with TXU Electric Delivery, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of June, 2006. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Williamson seconded the motion. VOTE. Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember.Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10.D.3. Consider a resolution authorizing the Mayor to execute a Contract for Sale of Real Property with Kelly Trade Center, LP for Lot 1, Block F, Crystal Park. David Kautz, Assistant City Manager made the staff presentation. The City advertised for bids for the sale of the Greenhill property in May. Bids were due on June 6 and four bids were received. The best bid for the property is $1,525,000 less a 6% commission. Proceeds from the sale of the land will be utilized to fund the new Police Building. RESOLUTION NO. WHEREAS, the City is the owner of a tract of land known as Lot 1, Block "F", of CRYSTAL PARK, an addition in and to the City of Round Rock, Williamson County, Texas, and WHEREAS, the City desires to sell the property and has duly published notice for bids in a newspaper of general circulation in Williamson County to sell the property, and WHEREAS, Kelly Trade Center, LP. has submitted the best bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Sale of Real Property with Kelly Trade Center, L.P., for the sale of the above described property, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which.this Resolution was adopted was posted and that JUNE 22, 2006 4- 7- such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2006. MOTION: Councilmember Honeycutt 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 ACTION: The motion carried unanimously. 11.A. Consider 5 appointments to the Planning and Zoning Commission. Mayor Pro-tem McGraw opened the floor for nominations for the Planning and Zoning Commission. MOTION: Councilmember Williamson moved to nominate all the individuals who submitted an application to any of the Boards and Commissions. 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 ACTION: The motion carried unanimously. The following results were from a poll of the Council for appointments to the Planning and Zoning Commission. David Pavliska 6 votes appointed Betty Weeks 1 vote Dale Austin 6 votes appointed Peter Drapes 6 votes appointed John Latchford 5 votes appointed Michael Morales 5 votes appointed Sybil Vosler 0 votes Richard Doan 1 vote Craig Morgan 0 votes James Parker 0 votes Dustin Brines 0 votes 11.B. Consider 4 appointments to the Zoning Board of Adjustments. This Board requires appointment of two regular members and two alternate members. The following results were from a poll of the Council for appointments of regular members. Roy Beard 4 votes appointed Carol Hearn 5 votes appointed John Moman 2 votes Frank Del Castillo 1 vote James Parker 0 votes 4 � ]UNE 22, 2006 The following results were from a poll of the Council for appointments of alternate members. John Moman 2 votes Frank Del Castillo 6 votes appointed James Parker 4 votes appointed 11.C. Consider 3 appointments to the Historic Preservation Commission. This Board requires appointment of two regular members and one alternate member. The following results were from a poll of the Council for appointments of regular members. Gary Brown 5 votes appointed Rae Lynn Tipping 0 votes Jerry Hodges 1 vote Nancy Weaver 6 votes appointed The following results were from a poll of the Council for appointment of alternate member. Rae Lynn Tipping 1 votes Jerry Hodges 5 vote appointed 11.D. Consider 3 appointments to the Community Development Advisory Commission. The following results were from a poll of the Council for appointments to this Commission. Stephanie Baker 2 votes Rick Guzman 6 votes appointed Ulysses Moore 5 votes appointed Steve Laukhuf 5 votes appointed William Peckham 0 votes John May 0 votes John Latchford was not considered for appointment to this Commission because he was appointed to the Planning and Zoning Commission. 11.E. Consider 2 appointments to the Round Rock Housing Authority. MOTION: Councilmember Rhode moved to table the appointments to the Round Rock Housing Authority. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11.F. Consider 2 appointments to the Building Standards Commission. Applications were received from Dwayne Agnew, Andy Combs, and James Parker. James Parker was not considered for appointment to this Commission because he was appointed to the Zoning Board of Adjustments. MOTION: Councilmember Rhode moved to appoint Dwayne Agnew and Andy Combs to the Building Standards Commission by acclamation. Councilmember Honeycutt seconded the motion. 49, JUNE 22, 2006 VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 11.G. Consider 4 appointments to the Ethics Review Commission. Three appointments are needed for this Commission instead of four appointments. The following results were from a poll of the Council for appointments to this Commission. Dennis Graffious 4 votes appointed Rick Stewart 6 votes appointed David Goldston 0 votes William Peckham 6 votes appointed Bill Combes 1 vote Richard Doan 1 vote Bobby Seiferman 0 votes 11.H. Consider 4 appointments to the Tourism Commission. Applications were received from Edna Rehbein (RRHEC), George Kash (Local Tourism-Related Business), David Panas (Small-Hotel), Kyle Covington (Large-Hotel) and Sara Page (Local Tourism-Related Business). • MOTION: Councilmember Rhode moved to appoint Edna Rehbein, George Kash, David Panas, and Kyle Covington to the Tourism Commission by acclamation. 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 ACTION: The motion carried unanimously. 11.I. Consider confirming the City Manager's appointment of Gisele Schaefer to the Civil Service Commission. MOTION: Councilmember Honeycutt moved to accept the City Manager's appointment of Gisele Schaefer to the Civil Service Commission. 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 ACTION: The motion carried unanimously. 11.J. Consider 5 appointments to the Round Rock Industrial Development Corporation Board of Directors. 5 Q: JUNE 22, 2006 MOTION: Councilmember Rhode moved to appoint Nyle Maxwell, Rufus Honeycutt, Joe Clifford, Ted Williamson, and Carlos Salinas to the Round Rock Industrial Development Corporation Board of Directors by acclamation. 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 ACTION: The motion carried unanimously. 11.K. Consider 5 appointments to the Round Rock Health Facilities Corporation Board of Directors. MOTION: Councilmember Williamson moved to appoint Nyle Maxwell,.Rufus Honeycutt, Joe Clifford, Scott Rhode, and Carlos Salinas to the Round Rock Health Facilities Corporation Board of Directors by acclamation. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Pro-tem McGraw • Nays: Councilmember Rhode Absent: Mayor.Maxwell ACTION: The motion carried with 5 ayes and 1 nay. COUNCIL COMMENTS: Councilmember Salinas asked staff to try to find an option for funding the Arts. EXECUTIVE SESSION: A. Consider Executive Session as authorized by 8551.087 Government Code, related to deliberation of an offer of a financial or other incentive to a business prospect that the City Council seeks to have locate in or near the City of Round Rock. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Pro-tem McGraw at 9:15 p.m. and adjourned at 9:45 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 14.A. Consider discussion and/or action 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. This item was withdrawn from the agenda with the Council taking no action. ADJOURNMENT: There being no further business, the meeting adjourned at 9:45 p.m. Re pectfully Submitted, Christine R. Martinez, City Secretary JULY 13, 2006 The Round Rock City Council met in Work Session and Regular Session on Thursday, July 13, 2006 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. Mayor Pro-tem McGraw called the session to order at 6:00 p.m. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember • Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Ted Williamson. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATIONS: 3.A. Consider a presentation and discussion concerning the selection and oversight of engineering and architectural services. Tom Word, Chief of Public Works Operations, Steve Sheets, City Attorney, David Bartels, Transportation Project Manager, and Cindy Demers, Finance Director participated in the presentation of Engineering and Architectural Services Procurement. An overview was given on the following items. Project Development Process • Laws and Rules Governing Contracting • Project Budget • Engineer/Architect Consultant Selection Process • Fee Determination • Content of Contract for Engineering Services • Content of Contract for Architectural Services • Best Management Practices and Controls • Project Time Schedules • Supplemental Agreements and Supplemental • Land_Acquisition/Surveying • Project Financial Accountability • Role of the Project Manager • 2002 Jefferson Wells Report • Goal and Objectives • Overall Assessment • Opportunities for Improvement • Significant Issues • Example of Selection Process 3.B. Consider a presentation regarding a proposed participation agreement for the Williamson County Regional Animal Shelter. This item was addressed in the regular session. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem McGraw called the session to order at 6:00 p.m. 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, Councilmember Scott Rhode and Councilmember Ted Williamson. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: 5. 2 JULY 13, 2006 Joseph A. Garcia, Union Pacific Railroad Manager of Industry and Public Projects provided an update on the following projects: - A.W. Grimes Boulevard - Arterial "A" - Country Road 122 - Sam Bass Road Reconstruction - St. Williams Street Light Project PROCLAMATION: • 8.A. Consider proclaiming August 1, 2006 as the 23rd Annual National Night Out in the City of Round Rock. Mayor Pro-tem McGraw read the following proclamation and presented it to Police Sgt. David Pierce. WHEREAS, the Round Rock Police Department and National Association of Town Watch (NATW) is sponsoring a nationwide crime and drug prevention program on August 1, 2006, called "National Night Out"; and WHEREAS, the 23rd Annual National Night Out provides the opportunity for Round Rock to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention and quality-of-life efforts; and WHEREAS, Citizens of Round Rock play a vital role in assisting the Police Department through joint crime and drug prevention efforts in Round Rock; and WHEREAS, it is essential that all citizens of Round Rock be aware of the importance of crime prevention programs and the impact their participation can have on reducing crime, drugs and violence in Round Rock; and WHEREAS, police-community partnerships, neighborhood safety and awareness and cooperation are important themes of the National Night Out program, NOW THEREFORE, I, Alan McGraw, Mayor Pro-tem of the City of Round Rock, Texas do hereby proclaim August 1, 2006, as the 23rd Annual National Night Out in the City of Round Rock, Texas, and urge all citizens to join me and the Council in supporting this important night. PROCLAIMED this 13th day of July 2006. • Mayor Pro-tem McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. 14.C.1. Consider a resolution amending Resolution No. 06-04-13-10B1, which established a Task Force to Encourage Philanthropy for Arts and Cultural Activities. Dale Ricklefs, Library Director made the staff presentation. The resolution amends the resolution that created the Task Force to Enable Philanthropy for Arts and Cultural Activities. The authors of the original resolution recommended the following changes. • Decrease the membership from a range of nineteen (19) to twenty-nine (29) to a fixed size of twelve (12) • Clarify the role of appointed staff members • Reduce the number of duties of the task force • Allow the group to meet without the Open Meetings Act requirement because the group will only act in an advisory capacity • A March 31, 2007 sunset clause RESOLUTION NO. WHEREAS, by Resolution No. R-06-04-13-10B1, the City Council established a Task Force to Encourage Philanthropy for Arts and Cultural Activities, and WHEREAS, the authors of the Resolution are recommending that substantial changes be made to the Resolution, and WHEREAS, the City Council desires to amend such Resolution, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 53 JULY 13, 2006 That Resolution No. R-06-04-13-10131 creating the Task Force to Encourage Philanthropy for Arts and Cultural Activities is hereby amended, 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 July, 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 15.A. Consider appointments to the Task Force to Enable Philanthropy for Arts and Cultural Activities. Applications for appointment to this Task Force were received from the following individuals. Nancy J. Weaver, Robert W. Tagge, Gisele Schaefer, Gene Storie, Dan Collier, Dr. Linda Bolding, Patricia A. Lyle, Michael G. Hammons, Amada Aurrecoechea, Yolanda Sanchez, Sharon Prete, John Gordon, and Debra Matlock. Due to the receipt of thirteen applications and only twelve members were required for the Task Force, the results from a poll of the Council was that Sharon • r was not appointed due to her bus schedule with the Games of Texas. Everyone else who Prete pp y y submitted a letter of interest was appointed. The term for this appointment will expire March 31, 2007. 12.A.4. Consider public testimony regarding the proposed Unilateral Annexation of 2,572 acres of land, more or less, out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey. (Also known as Texas Crushed Stone, Georgetown Railroad Company, FM 1431 ROW, and City Water Treatment Plant) Jim Stendebach, Planning Director made the staff presentation. The tract of land known as the Texas Crushed Stone, Georgetown Railroad Company and FM 1431 ROW and City Water Treatment Plant is a total of 2,572 acres located on both the north and south boundaries of FM 1431 and on the west side of Interstate 35. It is the city's desire to annex the tract in order to control the development of this area, to annex city property that is currently being used as a water plant and to protect the appearance of this northern gateway corridor into the city. The inclusion of the FM 1431 ROW, which is part of the City of Round Rock's Master Transportation Plan, will help provide consistent police and fire protection in that area. This is the first of two required public hearings; the second public hearing will be-on July 27, 2006. Mayor Pro-tem McGraw opened the public hearing. The following individuals expressed their opposition of the annexation. William Snead, 4210 IH-35, Georgetown 5. 4 JULY 13, 2006 Darrell Fritsch, 929 Blue Spring Circle, Round Rock Misty Ventura, 1717 Main Street, Dallas Felicia Lee, 4328 Woodcrest Lane, Dallas The following individuals signed the Appearance Cards in opposition of the annexation but did not speak. Nancy Snead, 4210 IH-35, Georgetown Ismael Palacios, 37 Valley View Drive, Round Rock Delfino Bryan, 1504 Dragon, Round Rock Kay Fritsch, 929 Blue Spring Circle, Round Rock • Stephanie Hewtty, 2700 High Point Drive, Round Rock Allison Johnson, 225 Logan Ranch Road, Georgetown Jose Rivera, Jr., 1506 E. Main Street, Round Rock Francisco Rodriguez, 1910 Greenhill, Round Rock Carl Johnson, 515 E. Palm Valley Boulevard, Round Rock Sherry Collins, 1005 Tanglewood Street, Round Rock John Collins, 1005 Tanglewood, Round Rock Jesus Ramirez, 502 Buckboard, Round Rock Aaron Hullum, 1302 Garden Path, Round Rock Clint Fraser, 4119 Sequoia Trail East, Georgetown Dustin Walden, 1220 Sunrise Road, Round Rock Dario Gutierrez, 1104 Gutierrez Cove, Round Rock Robert Zamarripa, 1481 Old Settlers Boulevard, Round Rock Mark Dixon, 621 County Road 104, Georgetown There being no further testimony, the public hearing was closed. PRESENTATIONS: 9.A. Continuation of presentations not addressed during the Work Session. 3.B. Consider a presentation regarding a proposed participation agreement for the Williamson County Regional Animal Shelter. David Kautz, Assistant City Manager made the staff • presentation. He outlined a proposed participation agreement for the Williamson County Regional Animal Shelter. 9.B.1. Consider a presentation by the Texas Department of Transportation for an up on construction projects in the City of Round Rock. Tim Weight of the Texas Department of Transportation (TxDOT) gave an update on TxDOT construction projects for SH-45, SH-130, and other projects within the City. 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 June 22, 2006. *13.E.1. Consider an ordinance adopting the 2005-2006 Law Enforcement budget. (Second Reading) MOTION: Councilmember Honeycutt moved to approve all the items"listed on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson 55; JULY 13, 2006 Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *11.A. Consider approval of the City Council minutes for June 22, 2006. This item was approved under the consent agenda. • PUBLIC HEARINGS: 12.A.1. Consider public testimony regarding the Draft Community Development Block Grant (CDBG) Third Program Year Action Plan. Jim Stendebach, Planning Director made the staff presentation. At least two public hearings must be held per year during different stages of the program year for the Draft Community Development Block Grant to obtain citizens' views and to respond to proposals and questions on housing and community development needs. At least one of these hearing needs to be held before the proposed consolidated plan is published for comment and at least one public hearing must be held during the development of the plan. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 12.A.2. Consider public testimony regarding the application filed by Grae Round Rock, Ltd to zone 17.66 acres of land at the southeast corner of Louis Henna Boulevard and CR 170 to C-1 • (General Commercial). (Also known as Round Rock Retail) Jim Stendebach, Planning Director made the staff presentation. This tract was platted under Williamson County jurisdiction in April 1987. The zoning request complies with the General Plan and is appropriate for this area due to the tract being located on the corner of two major arterial roads (SH 45 and CR 170). The annexation of this property will be addressed under 13D3. The Planning and Zoning Commission recommended approval of the proposed zoning at their June 7, 2006, meeting. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 12.A.3. Consider public testimony regarding the application filed by C.H. Crossley, Sr., C.H. Crossley, Jr., Patsy Crossley, and Calvin & Peggy Moerbe, to zone 41.505 acres and 3.409 acres of land out of the P.A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, to SF-2 (Single Family - Standard Lot) and C-2 (Local.Commercial), respectively. (Also • known as Preserve at Dyer Creek) Jim Stendebach, Planning Director made the staff presentation. This zoning request complies with the General Plan and is appropriate for this area. The one commercial lot (Tract B) is located at the southeast corner of Forest Creek Drive and the future Arterial A. The Kenney Fort PUD to the west of this tract shows commercial uses at this intersection. However, because it will abut single-family homes, the applicant is only requesting C- 2 zoning, which will ensure compatibility between the two uses. The annexation of this property will 56 JULY 13, 2006 be addressed under 13D5. The Planning and Zoning Commission recommended approval of the proposed zoning at their June 7, 2006, meeting. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 12.A.4. Consider public testimony regarding the proposed Unilateral Annexation of 2,572 acres of land, more or less, out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey. • (Also known as Texas Crushed Stone, Georgetown Railroad Company, FM 1431 ROW, and City Water Treatment Plant) This item was addressed earlier in the meeting. ORDINANCES: 13.A.1. Consider an ordinance amending Chapter 3, Code of Ordinances (1995 Edition), adding 3.114 to provide requirements for issuance of Certificates of Occupancy and Temporary Certificates of Occupancy. (First Reading) (Requires two readings) Danny Halden, City Engineer made the staff presentation. This ordinance is in response to the request of the private development sector for the City to consider issuing Temporary Certificates of Occupancy (TCO), to allow for phased development, and to clarify the criteria associated with issuance of Certificates of Occupancy (CO) or TCO. The City's adopted building code currently provides for issuance of CO or TCO by the City Building Official before use or occupancy of a building or structure. This ordinance clarifies the criteria for issuance of a CO or TCO, provides for multi-building projects on a single • platted lot, provides for appropriate fees, and provides for penalties for violations. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, ADDING SECTION 3.114 TO PROVIDE REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OF OCCUPANCY; TO PROVIDE REQUIREMENTS FOR ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY; TO PROVIDE FOR AN APPLICATION PROCESS; TO PROVIDE FOR REVOCATION OF EITHER A CERTIFICATE OR TEMPORARY CERTIFICATE OF OCCUPANCY; DECLARING CERTAIN ACTIONS TO BE UNLAWFUL; PROVIDING A PENALTY; 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 Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell • ACTION: The motion carried unanimously. 13.B.1. Consider an ordinance re-adopting Section 1.1700.1 Parks and Recreation's After- School Recreation Program Standards of Care. (First Reading) (Requires two readings) Nette Werling, Recreation Manager made the staff presentation. The Standards of Care Ordinance expires July 31, 2006. This annual renewal will extend the ordinance until July 31, 2007. The City's after school program is recreational in nature and is not intended to be a child-care 5 7 JULY 13, 2006 program. Rules and regulations governing day-care facilities differ greatly from those related to recreational facilities. By adopting these Standards of Care, the City will be exempt from all state child-care licensing requirements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, RE-ADOPTING SECTION 1.1700.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH STANDARDS OF CARE FOR THE • PARKS AND RECREATION DEPARTMENT'S AFTER-SCHOOL RECREATION PROGRAM IN ORDER TO EXEMPT THE AFTER-SCHOOL RECREATION PROGRAM FROM STATE CHILD-CARE LICENSING REQUIREMENTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.C.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Kiphen Road (CR 113) improvement project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this • needed property from GCLC, Ltd. (Parcel 2). (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests of 0.032 acres so that the Kiphen Road (CR 113) improvement project can be constructed. The construction of this project will accommodate increase mobility in the City. ORDINANCE NO. AN ORDINANCE OF. THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.032 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE KIPHEN ROAD (CR 113) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Williamson seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. JULY 13, 2006 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson • Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Kiphen Road (CR 113)improvement project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Northpark at Old Settlers (Parcel 3). (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow the City Attorney to initiate eminent domain proceedings to acquire the necessary property interests of 4.2442 acres so that the Kiphen Road (CR 113) improvement project can be constructed. The construction of this project will accommodate increase mobility in the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLICANk NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 4.244 ACRES GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE KIPHEN ROAD (CR 113) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Williamson to moved adopt the ordinance. Councilmember Rhode p seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. 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 ACTION: The motion carried unanimously. dn: 59 JULY 13, 2006 13.C.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Kiphen Road (CR 113) improvement project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Park Central Building Associates, L.P. (Parcel 4 and 4E). (First Reading) Steve Sheets, City Attorney made the staff presentation. This ordinance will allow for the • City°Attorney to initiate eminent domain proceedings to acquire the necessary property interests of 0.287 and 0.193 acres so that the Kiphen Road (CR 113) improvement project can be constructed. The construction of this project will accommodate increase mobility in the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE FEE SIMPLE ACQUISITION OF APPROXIMATELY 0.287 ACRES AND A DRAINAGE EASEMENT INTEREST OF APPROXIMATELY 0.193 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE KIPHEN ROAD (CR113) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. 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 ACTION: The motion carried unanimously. 13.D.1. Consider an ordinance annexing 32.172 acres of land more of less located at the • southeast corner of Red Bud and CR 123. (Also known as the Johnson Tract) (First Reading) Jim Stendebach, Planning Director made the staff presentation. The tract of land known as the Johnson Tract is a total of 32.172 acres located on the south side of CR 123, north of the Greenfield Subdivision and east of CR 122. It is the city's desire to annex this tract in order to control the development.of this area and to protect the existing single-family residential 66 JULY 13, 2006 subdivisions abutting this tract to the south and west. The required two public hearings were held on June 8, 2006, and June 22, 2006. Jim Nuse, City Manager reported that Travis Johnson, the property owner, did not approach the City requesting annexation and he has no plans for the current use. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOU TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 32.172 ACRES DESCRIBED I 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 Honeycutt moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell 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. 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 ACTION: The motion carried unanimously. 13.D.2. Consider an ordinance annexing 46.45 acres of land more or less located at the northwest corner of Gattis School Road and A.W. Grimes Boulevard. (Also known as Round Rock East Subdivision, A.W. Grimes ROW and Wigginton Tract) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This tract of land is comprised of Round Rock East, • an unrecorded subdivision, a portion of A.W. Grimes ROW and Wigginton Tract, for a total of 46.45 acres located on the north side of Gattis School Road and just west of the A.W. Grimes Boulevard intersection. It is the city's desire to annex 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. The city also desires to annex this portion of A.W. Grimes 61: JULY 13, 2006 Boulevard in order to gain control and maintenance of the right-of-way, which is part of the Transportation Master Plan. The two required public hearings were held on June 8, 2006, and June 22, 2006. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 46.45 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 Clifford moved to adopt the ordinance. 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 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. 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 ACTION: The motion carried unanimously. 13.D.3. Consider an ordinance annexing 17.66 acres of land, more or less, located at the southeast corner of Louis Henna Boulevard and CR 170. (Also known as Round Rock Retail) (First Reading) Jim Stendebach, Planning Director made the staff presentation. The tract is located at the southeast corner of CR 170 and State Highway 45. The applicant requested this annexation in order to receive City services. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 17.66 ACRES OF LAND, OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE 6 JULY 13, 2006 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell 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. 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 ACTION: The motion carried unanimously. 13.D.4. Consider an ordinance zoning of 17.66 acres of land located at the southeast corner of Louis Henna Boulevard and CR 170 to C-1 (General Commercial) Zoning District. (Also known as Round Rock Retail) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This tract was platted under Williamson County jurisdiction in April 1987. This zoning request complies with the General Plan and is appropriate for this area due to the tract being located on the corner of two major arterial roads (SH 45 and CR 170). The Planning and Zoning Commission recommended approval of the zoning at their June 7, 2006 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 ORIGINALLY ZONE 17.66 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt 0 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. v 6 31 JULY 13, 2006 MOTION: Councilmember Williamson 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.D.5. Consider an ordinance annexing 44.91 acres of land, more or less, out of the P.A. Holder Survey. (Also known as Preserve at Dyer Creek) (First Reading) Jim Stendebach, Planning Director made the staff presentation. This tract is located at the southeast corner of Rusk Road and Forest Creek Drive. The applicant requested this annexation in order to receive City services. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 44.91 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, 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 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 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 Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas • Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.D.6. Consider an ordinance zoning 41.505 acres to SF-2 (Single Family - Standard Lot) and 3.409 acres of land to C-2 (Local Commercial) (Also known as Preserve at Dyer Creek) (First Reading). Jim Stendebach, Planning Director made the staff presentation. This zoning request 6. 4 JULY 13, 2006 complies with the General Plan and is appropriate for this area. The one commercial lot (Tract B) is located at the southeast corner of Forest Creek Drive and the future Arterial A. When Arterial A is constructed this will be an appropriate location for commercial development to serve the P surrounding neighborhoods. The Kenney Fort Planned Unit Development, which is to the west of this tract, also shows commercial uses at this intersection. Since this tract abuts single-family homes, the applicant is only requesting C-2 zoning, which will ensure compatibility between the • two uses. The Planning and Zoning Commission recommended approval of the proposed zoning at their June 7, 2006 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 ORIGINALLY ZONE 41.505 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) AND TO ORIGINALLY ZONE 3.409 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS C-2 (LOCAL COMMERCIAL). 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.D.7. Consider an ordinance amending platting requirements for tracts of land on which wireless transmission facilities are constructed and for parcels of land zoned Agricultural (AGZ • (First Reading) Jim Stendebach, Planning Director made the staff presentation. Currently, Section 8.111 of the Subdivision Ordinance requires an applicant to plat the property in accordance with this Chapter prior to receiving a building permit, certificate of occupancy, or any other city issued permit necessary for construction or development. Staff recommended that this requirement be removed for parcels accommodating Wireless Transmission Facilities and for parcels that are zoned 6- S JULY 13, 2006 Agricultural (AG) that do not require public improvements. This ordinance provides for a sign-off procedure, which will guarantee each city department, is involved in the planning of public improvements prior to releasing the requirement to plat. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.111, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE PERMIT ISSUANCE REQUIREMENTS; AND • PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 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 Pro-tem McGraw 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. *13.E.1. Consider an ordinance adopting the 2005-2006 Law Enforcement budget. This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2005-2006 FISCAL YEAR. RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Austin Filter Systems, Inc. for the Dry Branch Tributary (South Creek Channel) Improvements Proiect. Daniel L. Halden, P.E., City Engineer made the staff presentation. This project is to • construct channel and drainage system improvements for flood control, appearance, and maintenance. The project includes channel modifications to Dry Branch tributary in South Creek subdivision from Mimosa Drive to its confluence with Dry Branch Tributary No.1; Dry Branch Tributary No. 1 channel through South Creek subdivision up to A.W. Grimes Boulevard; slope stabilization for Dry Branch Tributary No. 1 near its intersection with Gattis School Road west of the Clay Madsen Recreation Center; and drainage improvements on Greenlawn Boulevard north of 6 6' JULY 13, 2006 Parkside Circle to help alleviate inundation of the area during intense rainfall events. Because this project will impact waters of the U.S., the City has secured a permit with the Corps of Engineers, which has jurisdiction over the project. Two contractors submitted bids on this project. The lowest bid was from Austin Filter Systems, Inc. for $2,519,793.75. After review of the bids received, staff recommended award of the contract to Austin Filter Systems, Inc. The City staff 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 Tributary. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Dry Branch Tributary (South Creek Channel) Improvements Project, and WHEREAS, Austin Filter Systems, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Filter Systems, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Filter Systems, Inc. for the Dry Branch Tributary (South Creek Channel) 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 July, 2006. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Williamson seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 14.B.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 with Holmes Murphy &Associates for Provision of Employee Benefit Consulting Services._ David Kautz, Assistant City Manager made the staff presentation. This Supplemental Agreement No. 1 embodies the first renewal of twelve months, following the expiration of the original term of twelve months, and extends the original agreement as to time only with no other changes in terms or conditions of the original agreement. This agreement formalizes with the agent-of-record whose general focus is to make every effort to minimize the cost of the City's employee benefit program with out sacrificing the quality o the plan. The cost of Supplemental Agreement No. 1 is $72,000. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Provision of Employee Benefit Consulting Services with Holmes Murphy &Associates, and 67 JULY 13, 2006 WHEREAS, Holmes Murphy &Associates 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 Holmes Murphy &Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the.Agreement for Provision of Employee Benefit Consulting Services with Holmes Murphy &Associates, 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 July, 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 ACTION: The motion carried unanimously. 14.C.1. Consider a resolution amending Resolution No. 06-04-13-10B1, which established a Task Force to Encourage Philanthropy for Arts and Cultural Activities. This item was addressed • earlier in the meeting. 14.D.1. Consider a resolution authorizing the Mayor to execute Change Order #5 with Cash Construction for Red Bud (CR 122) Street Improvements. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. This change order is due to many unforeseen circumstances on the Red Bud Lane reconstruction project that consist of utility conflicts, repairs at relocates of Manville waterline, relocation at existing gas meters, modifications of existing driveways to accommodate grade changes and re-design and installation of 36-in storm sewer line. The cost for this change order is $209,587.78.... 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. 5, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 5 to the Contract with 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 July, 2006. s JULY 13, 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell 0 ACTION: The motion carried unanimously. 14.D.2. Consider a resolution authorizing the Mayor to execute Change Order #6 with RGM Constructors. LP. for A.W. Grimes Boulevard Phase 2 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. As part of the second phase, UPRR will reconstruct their bridge over Brushy Creek to accommodate the City's underpass on the Railroad. This change order is to provide work for delays associated with Union Pacific Railroad exceeding the blackout period defined in the contract specifications and to supply a 12-inch PVC and 24-inch steel casing pipe underneath segmental wall #1 for utility extension. The cost of the change order is $192,472.00. 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. . 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. 6, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 6 to the Contract with RGM Constructors, L.P. for the A.W. Grimes, Phase 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 July, 2006. MOTION: Councilmember Williamson 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 ACTION: The motion carried unanimously. . 69 JULY 13, 2006 14.D.3. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with Huggins/Seiler &Associates, L.P., for the Collector/Distributor at Hester's Crossing Proiect. Thomas G. Martin, Director of Transportation Services made the staff presentation. This Supplemental Contract is for changes in engineering services to add a turnaround bridge structures on the north side of Hester's Crossing Bridge, an additional lane and milling and overlay on the • northbound frontage road and the preparation of a conceptional Traffic Control Plan and sequence of construction. The cost of the Supplemental Contract is $148,700.20. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Huggins/Seiler & Associates for the Collector Distributor at Hester's Crossing/IH-35 Project, and WHEREAS, Huggins/Seiler &Associates 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 with Huggins/Seiler &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 SuSupplemental Contract No. 1 to the Contract with Huggins/Seiler &Associates a co of same PPPY being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July, 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 14.E.1. Consider a resolution approving the release of the Restrictive Covenant covering Lot 1, Block A, Westside Church of Christ Final Plat. Jim Stendebach, Planning Director made the staff presentation. The restrictive covenant for the Westside Church of Christ, located at 3300 FM 1431, is no longer warranted because the City's Traffic Impact Analysis (TIA) policies have changed to allow for approval or waiver of a TIA at the time of the site development permit application rather than at the time of the zoning application. The restrictive covenant was put in place to • ensure a TIA would be undertaken prior to the addition of additional building square footage. RESOLUTION NO. WHEREAS, the City of Round Rock, a Texas home-rule municipal corporation ("City"), and Westside Church of Christ, a Texas nonprofit corporation ("Owner"), agreed that Owner's property should be impressed with certain covenants and restrictions, and WHEREAS, the Owner executed a Restrictive Covenant on the 4th day of November, 2003, and a First Amendment to the Restrictive Covenant on.the 26th day of January, 2004, and WHEREAS, the Restrictive Covenant may be terminated by joint action of the City and the Owner, and 70 .DULY 130 2006 WHEREAS, the City Council desires to terminate and release the entire Restrictive Covenant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Release of Restrictive Covenant, 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 July, 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 14.E.2. Consider a resolution directing the Planning Director to prepare a service plan concerning the annexation of 53.11 acres of land located south of Forest Creek Drive and west of Rusk Road (Also known as Johnson Lane tract and a portion of Crossley Crossing Tract) Stendebach Planning Director made the staff presentation. It is the city's desire to Jim g p Y annex 53.11 acres known as Johnson Lane and a portion of Crossley Crossing in order to control the development of the area and to protect all surrounding existing single-family residential p P 9 9 9 Y subdivisions. Two public hearings are scheduled for September 14 2006 and September 28, 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 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 two tracts of land containing 53.11 acres which are proposed for annexation, said property being further described 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 July, 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 T I JULY( 13, 2006 ACTION: The motion carried unanimously. 14.E.3. Consider a resolution directing the Planning Director to prepare a service plan concerning the proposed annexation of 290.33 acres of land more or less out of the R. McNutt Survey. (Also known as Burge, Gordon, Madsen, Jarl, Hampton, Farmer, Higgs, Dawson, Wheeler and CR 122 ROW Tracts) Jim Stendebach, Planning Director made the staff presentation. • It is the city's desire to annex 290.33 acres known as Burge, Gordon, Madsen, Jar[, Hampton, Farmer, Higgs, Dawson, Wheeler and CR 122 ROW in order to control the development of the area, to protect all surrounding existing single-family residential subdivisions and to gain control of CR 122 that is part of the Transportation Master Plan. Two public hearings are scheduled to be held on September 14, 2006, and September 28, 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 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 a tract of land containing 290.33 acres which is proposed for annexation, said property being further described 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 July, 2006. .11 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPOINTMENTS: 15.A. Consider appointments to the Task Force to Enable Philanthropy for Arts and Cultural Activities. This item was addressed earlier in.the meeting, COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 p.m. R pectfully Submitted, Christine R. Martinez, City Secretary 7. 2= JULY 27, 2006 The Round Rock City Council met Regular Session on Thursday, July 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, 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: Will Hampton, Communications Director reported that the opening ceremonies for the AT&T Games of Texas will be held Friday night at the RRISD Stadium on Parmer. Boulevard. He outlined the activities that will be held. Buddy Crossley/ Jo Markham, 104 E. Main Street were present for Council's questions regarding item 11D. PROCLAMATIONS: S.A. Consider proclaiming August 2006 as Breastfeeding Month. • Mayor Maxwell read the following,proclamation and presented it to Amanda Bartley. WHEREAS, the health of all the people in Williamson County is linked to the health of people throughout the world; and WHEREAS, the Williamson County & Cities Health District's Women, Infants and Children (WIC) program takes this occasion to educate, inform and encourage breast- feeding, in addition to seeking regular health care for mothers and babies; and WHEREAS, the Williamson County & Cities Health District's WIC mission is focused on improving the nutritional status of low and moderate income women, infants, and children by providing foods and nutrition and breast feeding education; and WHEREAS, the WIC staff of the Williamson County & Cities Health District demonstrates the highest quality of public service in serving over 70,000 families in Williamson County, NOW THERFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the month of August, 2006 as "BREAST FEEDING MONTH" in the City of Round Rock, Texas and urge all citizens to take part in recognizing the successes of healthy mothers and healthy children and to support breast-feeding mothers. PROCLAIMED this 27th day of July 2006. PRESENTATIONS: 6.A.1. Consider an update by Joe Garcia of Union Pacific Railroad concerning projects within the City of Round Rock. Joe Garcia, Manager of Industry and Public Project, • Union Pacific Railroad gave an update on the following projects within the City. • A.W. Grimes Boulevard • Arterial "A" • St. Williams Street • CR 122 • Sam Bass Road Project 7 JULY 27, 2006 6.A.2. Consider a presentation on the Transportation Capital Improvement Program (TCIP) quarterly report. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The TCIP quarterly report documents the accomplishments, activities and potential changes in activities as it may relate to transportation system P 9 Y p Y improvements. The TCIP is a multi-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 that support economic development. Mr. Martin outlined the project status as follows: Completed - Roadways o Red Bud Lane, Phase I o Red Bud Lane, Phase II Traffic Signal o Gattis School Road and Meister Lane Under Construction - A.W. Grimes, Phase Ii - IH 35 Area Improvements - Kiphen Road - Oakmont Drive/Teravista Parkway (Simon/Chelsea) Bidding Red Bud Lane (CR 122) Phase III 6.B.1. Consider presentation regarding the proposed Interlocal Agreement with the Round Rock Independent School District for use of its existing fiber optic network. Brian Finger, Information Systems Manager made the staff presentation. The City's current data communications infrastructure has been outgrown. The presentation explained opportunities available with the Round Rock Independent School District. Mr. Finger outlined the following points: - Overview of the RRISD district wide multi-strand/multi-ring fiber network - City Leased TI's - City Wireless & ISDN Existing City Multi-strand Fiber - Current City Costs Basic RRISD Fiber Network City/RRISD Connections Advantages Cost Estimates 6.C.1. Consider a presentation regarding the city's new website. Will Hampton, Communications Director made the staff presentation. The City has made a significant investment of $78,000 for the design and software services on the new site. The web site includes new, customer-friendly interactive features like online bill pay, work request submissions, calendar of meeting and events, and many more useful tools. Of the City's households, 93% are online, and of those, 89% have a high-speed connection. Only 37% of our residents say they get information about the city from our website. Mr. Hampton gave a brief overview of the new website. 7; 4" JULY 27, 2006 6.C.2. Consider a presentation regarding the 2006 TAMI award for the City's Budget Video. Will Hampton reported that the City received an award from the Texas Association of Municipal Information Officers (TAMI) in the category "Special One Time Programming" for the 2005 City Budget Video. 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 July 13, 2006. *10.A.1. Consider an ordinance establishing a 40-mph speed limit on Forest Creek Drive, from Double Creek Drive to Rusk Road. (First Reading) (Requires two readings) *10.A.2. Consider an ordinance authorizing the placement of Stop Signs at the following location: On Nash Street at Tassey Street and on North Burnet Street at Fannin Avenue. (First Reading) (Requires two readings) *10.8.1. Consider an ordinance amending Chapter 3, Code of Ordinances (1995 Edition), adding 3.114 to provide requirements for issuance of a Certificate of Occupancy. (Second Reading) *10.C.1. Consider an ordinance re-adopting Section 1.1700.1, Parks and Recreation's After-School recreation Program Standards of Care. (Second Reading *11.B.2. Consider a resolution authorizing the Mayor to execute an Agreement with Todd Publications, Inc., dba Round Rock Leader for publication of official city notices. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *B.A. Consider approval of the City Council minutes for July 13, 2006. This item was approved under the consent agenda. PUBLIC HEARING: 9.A.1. Consider public testimony regarding the proposed Unilateral Annexation of 2,572 acres of land, more or less, out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey. (Also known as Texas Crushed Stone, Georgetown Railroad Company, FM 1431 ROW, and City of Round Rock Water Treatment Plant Tracts.) (Second Public Hearing) 75' JULY 27, 2006 Jim Stendebach, Planning Director made the staff presentation. This tract known, as the Texas Crushed Stone, Georgetown Railroad Company, FM 1431 ROW and the City Water Treatment Plant Tract, is a total of 2,572 acres located on both the north and south boundaries of FM 1431 and on the west side of Interstate 35. It is the city's desire to annex the tract in order to control the development of this area, to annex city property that is • currently being used as a water plant and to protect the appearance of this northern gateway corridor into the city. The inclusion of the FM 1431 ROW, which is part of the City of Round Rock's Master Transportation Plan, will help provide consistent police and fire protection in that area. This is the second of two required public hearing. Mayor Maxwell opened the public hearing. The following individuals spoke against the annexation of Texas Crushed Stone. Ken Snead, 2604 Whitehurst, Executive Vice-President of Purchasing and Maintenance for Texas Crushed Stone. Delfino Bryan, 1504 Dragon, employee of Texas Crushed Stone Matt Miller, 1717 Main Street, Suite 2800, Dallas, Attorney for Texas Crushed Stone Felicia Lee, 1717 Main Street, Dallas, Attorney for Texas Crushed Stone The following individuals signed Appearance before the City Council cards but did not want to speak. The cards indicated opposition concerning the annexation of Item 9A1. Ruth Dotson, 320 CR 301, Jarrell, Dario Gutierrez, 1104 Gutierrez Cove, Gracie L. Hernandez, 603 Vernon, Taylor, William Machen, Jr., 503 Parkway, Georgetown, David Hernandez, 603 Vernon, Taylor, Jamie Vigil, 905 E. 20th, Georgetown, Euell Campbell, 31199 La Quinta, Georgetown, Jose Rivera, Jr., 1506 E. Main Street, Cheryl Williams, P.O. 211, Florence, Gary Benzenhoefer, 16201 Hwy 195, Florence, Anita Benzenhoefer, 16201 Hwy 195, Florence, Bernard Walters, 507 Thornton Lane, Georgetown, Lana Walters, 507 Thornton Lane, Georgetown, Leroy Ochoa, 101 CR 141, Georgetown, Jose Floriano, 2203 Howry Drive, Georgetown, Joe Ojede, Jr., 215 Olde Oak Drive, Georgetown, Joe Vrana, III, 3112 Crystal Circle, Taylor, Randy Duncan, 1908 Westwood, Georgetown. Valerie Taylor, 401 Ridgecrest Road, Georgetown, Allison Johnson, 225 Logan Ranch Road, Georgetown, C. Santana, 1450 CR 314, Jarrell, Matthew Vrana, 3112 Crystal Circle, Taylor, Ronny Haha, 607 Hilltop Drive, Leander, Heriberto Yanez, 1801 Stasny Street, Taylor, Juan Gomez, 1890 CR 140, Georgetown, Robert W. Eli, PO Box 1000, Georgetown, Jeff Saylor, 201 N. 91h Street, Jarrell, Kenneth Vrabel, 403 8th Street, Jarrell, Noel Priest, Box 472, Florence, Bryon Grar, 312 E. Avenue K, Jarrell, No name, 4933 Wood Stock, Georgetown, Diane Camarillo, 1700 Leander, Georgetown, Juan Garza, 801 Scenic Drive, Georgetown, Michael Soto, 209 Pin Oak Drive, Georgetown, Liz Soto, 209 Pin Oak Drive, Georgetown, Herman Cadalell, 117 Grande Street, Berttram, No name, 1005 Cedar Ridge Court, Leander, Larry Ray, 224 76 JULY 27, 2006 Spanish Oak Drive, Georgetown, Jose Soto, 1720 Wells Branch Parkway, Austin, Larry Rodriguez, 600 Luther Drive, Georgetown, Raymond Vrana, 3017 Junie Lane, Taylor, Walls Sylvester, 240 Jennifer Lane, Leander, Martine Lazo, 1509 Long Branch, Georgetown, Dayne Hawkins, 1501 S. West Drive, Leander, Lederico Garza, 200 South Ocatillo Lane, Georgetown, Gary Hagood, 1503 Southwest Drive, Leander, David Hullum, 907 Down Ridge, Leander, Adam Mendez, P.O. box 14, Granger, Romiro Rosales, 1200 Live Oak Trail, Liberty • Hill, Gene Boggs, 11276 Hwy 195, Florence, John Hall, 304 Golden Oaks.Drive, Georgetown, Sean McKinney, 1405 Briarwood Drive, Cedar Park, Shaun Caddell, PO Box 19, Bertram, Nancy Snead, 4210 So IH-35, Georgetown, Angel Orona, Sr. Georgetown, Clint Fraser, 4119 Sequoia Trail East, Georgetown, Omar Zapata, PO Box 342, Weir, Julian Zapata, PO Box 342 Weir, Pedro Reyes, no address, Cris Molina, 16311 Mill Creek Road, Pflugerville, Joe Cortillo, 16311 Mill Creek Road, Pflugerville, Ronnie Bunch, 119 Grist Mill Loop, Georgetown, Christopher Bunch, 1200 FM 1460, Georgetown, Sam Hawkins, 191 Hawkins, Leander, Jose Yanez, 597 Green Acres, Georgetown, Roy Brocamontez, 1119 E. 8th Street, Georgetown, Dan Roberts, 410 W. Avenue F, Jarrell, Don Miller, 1059 CR 220, Florence, Grecencio Corrim, 500 Thungabr, Georgetown, General Dotson, Jr. 644 CR 309, Jarrell, Robert M. Salinas, 625 S. FM 1174, Bertram, Anthony Sifuentes, 2213 Trails End Drive, Georgetown, William B. Snead, PO Box 1000, Georgetown, Christopher Harcille, 301 Shale Drive, Jarrell, Rejeanna Fraser, 4119 Sequoia Trait East, Georgetown, Robert Bunch, 21580 FM 2115, Salado, Eric Acosta, 5002 Wood Circle, Killeen, Alton Dodd, 301 CR 215, Bertram, Dennis Crathers, 116 CR 309, Jarrell, Milton Vrabel, 408 Smith Creek Road, Georgetown, Jodie Danek, 350 Windy Hill Road, Georgetown, Jack Turner, 101 Melissa Circle, Georgetown, Patsy Danek, 350 Windy Hill, Georgetown, Jane Danek, 433 N. Town's Mill Road, Georgtown, Raymond Danek, 433 N. Towns Mill Road, Georgetown, Marvin Johnson, 515 E. Palm Valley Blvd, Craig Fritsch, 929 Blue Spring Circle, Kyle Krause, 4300 N. IH-35, David Krause, 4300 N IH-35, Brandi Krause, 4300 N IH-35, Reba Krause, 4300 N IH-35, Sandra Snead, 2604 Whitehurst Drive, Darrell Fritsch, 929 Blue Spring Circle, Kay Fritsch, 929 Blue Spring Circle, Jose Martinez, 1801 Palm Valley Blvd., Aaron Hullum, 1302 Garden Path, Cully McConnell, 3509 Walleye Way, Dustin Walden, 1200 Sunrise Road, Sherry Collins, 1005 Tanglewood Street, John Collins, 1005 Tanglewood Street, Stephanie Hewtty, 2874 Southampton Way, Yvonne Nixon, 1256 Lacey Oak Loop, and Jesus Ramirez, 502 • Buckboard. There being no further testimony, the public hearing was closed. ORDINANCES: 77 JULY 27, 2006 *10.A.1. Consider an ordinance establishing a 40-mph speed limit on Forest Creek Drive, from Double Creek Drive to Rusk Road. (First Reading) (Requires two readin4s) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF FOREST CREEK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.A.2. Consider an ordinance authorizing the placement of Stop Signs at the following location: On Nash Street at Tassey Street .and on North Burnet Street at Fannin Avenue. (First Reading) (Requires two readings) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: NASH STREET AT TASSEY STREET AND N. BURNET STREET AT FANNIN AVENUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.B.1. Consider an ordinance amending Chapter 3, Code of Ordinances (1995 Edition), adding 3.114 to provide requirements for issuance of a Certificate of Occupancy. (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, ADDING SECTION 3.114 TO PROVIDE REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE .OF OCCUPANCY; TO PROVIDE REQUIREMENTS FOR ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY; TO PROVIDE FOR AN APPLICATION PROCESS; TO PROVIDE FOR REVOCATION OF EITHER A CERTIFICATE OR TEMPORARY CERTIFICATE OF OCCUPANCY; DECLARING CERTAIN ACTIONS TO BE UNLAWFUL; PROVIDING A PENALTY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *10.C.1. Consider an ordinance re-adopting Section 1.1700.1, Parks and Recreation's After-School recreation Program Standards of Care. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO.' AN ORDINANCE AMENDING CHAPTER 1, RE-ADOPTING SECTION 1.1700.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ESTABLISH STANDARDS OF CARE FOR THE PARKS AND RECREATION DEPARTMENT'S AFTER-SCHOOL RECREATION PROGRAM IN ORDER TO EXEMPT THE AFTER-SCHOOL RECREATION PROGRAM FROM STATE CHILD-CARE LICENSING REQUIREMENTS; AND PROVIDING_ FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • RESOLUTIONS: 11.A.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Program (TCIP). Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The Transportation System Development Corporation approved the following amendments to the TCIP. 78 JULY 27, 2006 1. Reducing funding for Forest Creek Drive by $200,834 in preparation for project close out. The project limits are Double Creek Drive to the Forest Ridge Subdivision. 2. Reducing funding for Double Creek Drive by $118,148 in preparation for project close out. The project limits are the Missouri, Kansas, Texas Right-of-Way to Gattis School Road. 3. Providing additional funding for A.W. Grimes Boulevard Phase 2 in the amount of $386,111. The funds are required for higher Union Pacific Railroad bridge costs. The project limits are US 79 at FM 1460 to Lake Creek. 4. Providing additional funding Kiphen Road (CR 113) in the amount of $510,000. The • funds are required for right-of-way acquisition and a natural gas utility adjustment. The project limits are FM 1460 to CR 122. 5. Reducing funding for the Greenlawn Extension by $46,118 in preparation for project close out. The project limits are Louis Henna Blvd to the IH 35 northbound frontage road. 6. Providing additional funding for the IH 35/RM 620 and IH 35/US 79 Feasibility Study in the amount of $4,803. The funds are required for project close out. 7. Providing additional funding for Oakmont Drive (Arterial "S") in the amount of $35,610. The funds are required for construction materials testing. The project limits are Teravista Parkway to Chandler Road. 8. Providing additional funding for Red Bud Lane Phase 1 and Phase 2 in the amount of $551,256. The funds are required for quantity changes, field changes for utilities and a storm sewer revision. The project limits are CR 123 to Gattis School Road. 9. Reducing funding for the South Mays Street Improvements by $110,367 in preparation for project close out. The improvements include South Mays Street, Dell Way, Gattis School Road Extension and the Dell Way/Boardwalk Connection. 10. Reducing funding for Traffic Signal Coordination by $403 in preparation for project close out. The traffic signals are located throughout the City. 11. Reducing funding for US 79 by $90,000 in preparation for.project close out. The project limits are CR 195 to CR 110. 12. Reducing funding for Transportation Consulting in the amount of $35,610. The funds are required to provide monies for construction materials testing on the Oakmont Drive project. . 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 27th day of July, 2006. MOTION: Councilmember Williamson moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 79 JULY 27, 2006 Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.B.1. Consider a resolution authorizing the City Manager to initiate the procedures to rename FM 1460. Jim Nuse, City Manager made the staff presentation. With the recent growth in northeast quadrant of the city, discussions began regarding the re- naming FM 1460, which is soon to become a major thoroughfare for Williamson County. Seton Medical Center and Round Rock Higher Education Center initiated discussions regarding the possible re-naming of FM 1460. Several new articles were advertised in the Round Rock Leader and Austin American Statesman. Citizens were able to submit their suggestions through June 30, 2006. RESOLUTION NO. WHEREAS, various entities and citizens have suggested that the City rename FM 1460 from its current intersection with US -Hwy. 79 north to the City's extraterritorial jurisdiction; WHEREAS, the City Council has previously adopted Resolution No. R-02-11-26-10C1 adopting policy and procedures for naming City Facilities; and WHEREAS, the City Council wishes to authorize the City Manager to initiate the policy and procedures outlined in the aforesaid Resolution to rename FM 1460 to A.W. Grimes Boulevard, 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 initiate the policy and procedures outlined in Resolution No. R-02-11-26-10C1 to rename FM 1460 to A.W. Grimes 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 27th day of July, 2006. MOTION: Councilmember Clifford moved to approve the resolution instructing the City Manager to begin the proceedings to rename FM 1460, "A.W. Grimes Boulevard." Councilmember Honeycutt seconded the motion. VOTE: Ayes: - Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell . Nays: Mayor Pro-tem McGraw ACTION: The motion carried with 6 ayes and 1 nay. *11.B.2. Consider a resolution authorizing the Mayor to execute an Agreement with Todd Publications, Inc., dba Round Rock Leader for publication of official city notices. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, Section 14.02 of the Home Rule Charter for the City of Round Rock, Texas, provides that the Council shall designate a public newspaper of general circulation in the City as official publication for legal notices, and 84 JULY 27, 2006 WHEREAS, the Round Rock Leader is a public newspaper of general circulation in the City, and WHEREAS, the Council is desirous of designating the Round Rock Leader as the official publication of the City, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock Leader is designated as the official publication of the City and all ordinances, notices and any other matter required to be published shall be published therein, and BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute a one year agreement with Todd Publications, Inc. dba Round Rock Leader to provide the required services at its normal and usual rates, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of July, 2006. 11.C.1. Consider a resolution authorizing the Mayor to execute a development, agreement with the Lower Colorado River Authority regarding expansion of the Brushy Creek Regional Wastewater Treatment Plant. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. The LCRA operates the Brushy Creek Regional Wastewater System under contract with the cities of Round Rock, Cedar Park and Austin, and the Brushy Creek Municipal Utility District and Fern Bluff Municipal Utility District. The LCRA is expanding the Brushy Creek Regional Wastewater Treatment Plant and is constructing a 7,750 square foot administration building. This agreement exempts the expansion from City plan reviews, fees and inspections. The treatment plant expansion must - meet all applicable building codes. RESOLUTION NO. WHEREAS, Lower Colorado River Authority ("LCRA") desires to expand the existing Brushy Creek Regional Wastewater Treatment Plant, and construct a 7,750 square foot administration building, and WHEREAS, the City will benefit from the current and future expansions of said treatment plant, WHEREAS, the City and LCRA desire to enter into a Development Agreement to set forth in writing certain covenants and agreements, Now Therefore BE IT RESOLVED BY THE 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 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 27th day of July, 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 Williamson Mayor Maxwell Nays: None 81 JULY 27, 2006 Councilmember Rhode was out of the room when the vote was taken. ACTION: The motion carried unanimously. 11.C.2. Consider a resolution consenting to the annexation by Brushy Creek Municipal Utility District of 5.035 acres. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. Gavurnik Builders, LP requested the City Council's consent to the annexation of 5.035 acres into the Brushy Creek Municipal Utility District (BCMUD) to receive water and wastewater service from the District. The subject property is located within Round Rock's ETJ and a condition of the Brushy Creek Regional Wastewater Disposal Contract requires Round Rock's consent for the BCMUD to provide service. The City does not plan to provide wastewater service to this tract. RESOLUTION NO. A RESOLUTION CONSENTING TO THE ADDITION OF 5..035 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 a tract of land consisting of 5.035 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 Request for Consent to the Addition of Land to 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 27th day of July, 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. 11.C.3. Consider a resolution authorizing the Mayor to execute a System Water Availability Agreement for Colorado River Basin Water with the Brazos River Authority. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. MThe City is in the process of building a water treatment system that will deliver water from Lake Travis. In order to fully utilize the system as planned and meet Round Rock's future needs, an additional 9,484-acre feet of raw water is needed. The cost is $284,076.04. This agreement is a 50-year agreement for raw water in Lake Travis. This will allow a water supply to enable the City to meet its long-term water supply needs to the year 2050. RESOLUTION NO. 8. 2, JULY 27, 2006 WHEREAS, the City of Round Rock desires to enter into an agreement with Brazos River Authority ("BRA") to purchase water from the Colorado River Basin, and WHEREAS the City of Round Rock and Brazos River Authority have heretofore entered into certain raw water contracts, and WHEREAS, BRA has acquired the right to divert and use 25,000 acre-feet of water per year from the Colorado River Basin made available from the Lower Colorado River Authority (LCRA) under the "Water Sale Contract by and between Lower Colorado River Authority and Brazos River Authority Purchaser", and WHEREAS, the City Council wishes to enter into a System Water Availability Agreement for Colorado River Basin Water between Brazos River Authority and City of Round Rock for the purchase of an additional 9,484 acre-feet of water per fiscal year from the Colorado River Basin, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a System Water Availability Agreement for Colorado River Basin Water between Brazos River Authority and City of Round Rock for the purchase of an additional 9,484 acre-feet of water per fiscal year from the Colorado River Basin, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required, by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 27th day of July, 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. 11.C.4. Consider a resolution authorizing the Mayor to execute a revised Interlocal Agreement for Interim Water Supply with the City of Cedar Park. Tom Clark, Water and Wastewater Utilities Director made the staff presentation. The City previously entered into the Interlocal Agreement for Interim Water Supply with the City of Cedar Park. The purpose of this agreement is to provide water to Cedar Park on an emergency basis while the Lake Travis Regional Water Supply System was being built. Cedar Park requested an increase to the previous amount of 2 million gallons of water per day (mgd) to 2.5 mgd. This agreement will allow for the sale of not more than 2.5 million gallons of treated water per day to Cedar Park as needed until summer of 2010. Capacity is available due to the discontinuance of water service to the Brushy Creek Municipal Utility District. RESOLUTION NO. a WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement for Interim Water Supply ("Agreement") with the City of Cedar Park, and WHEREAS, the City of Round Rock and the City of Cedar Park wish to amend such Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement for Interim Water Supply (Revised) with the City of Cedar Park, 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 JULY 27, 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 27th day of July, 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. 11.D.1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement in the amount of $116,961.00 with Agape Pregnancy Resource Center for facility expansion. Jim Nuse, City Manager made the staff presentation. AGAPE provides services to women and families with planned and unplanned pregnancies. This funding agreement is for the expansion of the existing facility located at 104 E. Main Street by 2,800 square feet to provide additional room for counseling, classes, and storage. Steve Sheets offered highlights of the agreement funding to improve this real estate. RESOLUTION NO. WHEREAS, the City of Round Rock has received certain funds from the United States Department of Housing and Urban Development under the Housing and Community Development Act of 1974, and WHEREAS, the City of Round Rock wishes to use said funds to make,a loan to the Agape Pregnancy Resource Center for facility expansion, and WHEREAS, the City Council desires to enter into a Public Facilities Loan Agreement with Agape Pregnancy Resource 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 Public Facilities Loan Agreement with Agape Pregnancy Resource 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 27th day of July, 2006. MOTION: Councilmember,Clifford moved to approve the resolution. Councilmember y;. • 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. APPOINTMENTS: JULY 27, 2006 12.A. Consider 2 appointments to the Round Rock Housing Authority. Letters of interest were received from Jacquelynn Painter (resident), Sherry Kubiak (resident), Dr. Jesse Jackson, and Betty Weeks. MOTION: Mayor Pro-tem McGraw moved to nominate all the individuals who submitted a letter of interest. 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. The following are results from a poll of the Council. Jacquelynn Painter 0 votes Sherry Kubiak 7 votes Appointed Betty Weeks 5 votes Appointed Dr. Jesse Jackson 2 votes COUNCIL COMMENTS: The Council wished Tom Clark best wishes in his new position as the General Manager of the Brushy Creek Municipal Utility District. EXECUTIVE SESSION: 14.A. Consider Executive Session as authorized by X551.071 Government Code, related to pending or contemplated litigation, to wit: Nelson L. Nagle, Nagle Holdings, LP, and Round Rock Development Group, LLC. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order for this item at 9:15 p.m. and adjourned at 9:24 p.m. 14.B. Consider Executive Session as authorized by 5551.071 Government Code to deliberate the offer of a financial or other incentive to Texas Crushed Stone and/or Georgetown Railroad Inc. to locate a non-guarry business use on a portion of their property in or near the city limits of Round Rock. Mayor Maxwell called the Executive Session to order for this item at 9:25 p.m. and adjourned at 10:07 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 10:08 p.m. R spectfully Submitted Christine R. Martinez, City Secretary AUGUST 10, 2006 85 The Round Rock City Council met Regular Session on Thursday, August 10, 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, 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: Bryan Williams, Chief of Police gave a brief update on the traffic during the Grand Opening of the Premium Outlets. Tom Jenkins, General Manager of the Round Rock Premium Outlet thanked staff and the Police Department for all their help during the opening of the Premium Outlets. He added that within the four days of the Grand Opening 100,000+ people were greeted which broke Chelsea's records. PROCLAMATIONS: 5.A. Consider recognizing Tony Barron for receiving the LULAC State Award designation of"Mr. LULAC" and Angel Abitua for receiving the LULAC State Award of"Advisor of the Year." • Mayor Maxwell read the following proclamation and presented it to Tony Barron and Angel Abitua. WHEREAS, Round Rock has always been fortunate to have individuals who give unselfishly for the betterment of the community; and WHEREAS, the League of United Latin American Citizens Youth Organization (LULAC) is composed of Hispanic high school students, whose focus is on community service through volunteerism and the pursuit of higher education; and WHEREAS, LULAC has respectfully awarded Anthony "Tony" Barron, a senior at Round Rock High School, as "Mr. LULAC" for promoting achievements in community service and service as a role model for other youths; and WHEREAS, Angel Abitua, also from Round Rock and a member of LULAC, was selected as "Advisor of the Year," and has been a mentor to Round Rock youth since 1995; and WHEREAS, the City of Round Rock wishes to acknowledge the unfaltering dedication of the "dynamic duo" and is honored to have them shape the minds and talents of our young adults and tomorrow's leaders, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby thank Tony Barron and Angel Abitua for their dedication to the youth of our community. PROCLAIMED this 10th day of August 2006. 6. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7.A. Consider approval of the City Council minutes for July 27, 2006. *9.C.1. Consider an.ordinance authorizing the placement of stop signs at the following locations: On Mayfield Ranch Cove at Mayfield Ranch Boulevard; on Quail Lodge Court at Harvey Penick Drive, on Cvpress Point Cove at Harvey Penick Drive; and on Poppy Hills Cove at Harvey Penick Drive. (First Reading) (Requires two reading 8 6'. AUGUST 10, 2006 *9.C.2. Consider an ordinance establishing a 40-mph speed limit on Forest Creek Drive, from Double Creek Drive to Rusk Road. (Second Reading *9.C.3. Consider an ordinance authorizing the placement of Stop Signs at the following locations: On Nash Street at Tassey Street and on North Burnet Street at Fannin Avenue. (Second Reading) *10.A.1.Consider a resolution authorizing the Mayor to execute a two-year service agreement between the City and Business Ink, Co. for printing and mailing services. MOTION: ,Councilmember Clifford 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: *7.A. Consider approval of the City Council minutes for July 27, 2006. This item was approved under the consent agenda. 8.A.1. Consider public testimony regarding the proposal to zone 32.172 acres of land, • more or less, at the southeast corner of Red Bud Lane and CR 123 to AG (Agricultural).(Also known as the Johnson Tract) Jim Stendebach, Planning Director made the staff presentation. This property was involuntarily annexed by the City on July 13, 2006. Because the owner did not request the annexation and has no development plans at this time, staff recommended AG (Agricultural) zoning to reflect the current use. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 8.A.2. Consider public testimony regarding the application filed by Whitney Partnership to zone 5.95 acres of land, more or less, at the northwest corner of CR 122 and Kiphen Road to C-2 (Local Commercial). (CR 113/Kiphen Road - also known as the Whitney Tract) Jim Stendebach, Planning Director made the staff presentation. This tract is located at the corner of two arterial roadways and across the street from the ball fields of Old Settlers Park and is well suited for a small commercial development. In addition to serving the traffic generated by the Park, this commercial corner will also serve the growing number of residences in the area. Because the tract is located adjacent to some of those residences, staff recommended C-2 (Local Commercial) zoning to ensure compatibility between the homes and the commercial development. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. AUGUST 10, 2006 8.A.3. Consider public testimony regarding the application filed by Sproull/AmorRon Limited Partnership to rezone 3.109 acres of land, more or less, at the southeast corner of Paloma Drive and the IH-35 frontage road from LI (Light Industrial) to C-1a (General Commercial - Limited).(Also known as Lot 4, Block 2, First Resubdivision of AmorRon Park) Jim Stendebach, Planning Director made the staff presentation. This tract, along with all of the properties along • this stretch of the IH-35 frontage road, were 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 applicant has requested C-1a (General Commercial - Limited) for the property. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 9.A.1. Consider an ordinance amending Chapter 2, Animal Control, regarding animals released by their owners. (First Reading) (Requires two readings) Captain Tim Ryle made the staff presentation. This ordinance is to establish a fee of $30.00 for a single animal and $50.00 for a litter to be assessed for all voluntary, owner-released animals to the Animal Control Unit. Since the City began contracting with the City of Pflugerville,for animal-sheltering services, Round Rock citizens now contact the Animal Control Unit to release unwanted animals to the City. Before accepting an animal, Animal Control officers first refer citizens to a rescue group, pet adoption • organizations or offer assistance in addressing the reason(s) why owners want to release their pet. If the Unit accepts the animal, it is evaluated and sheltered with the intent to adopt it out. The City is faced with the costs of housing and feeding the animal, treating the animals during illness or seeking to find a new owner. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 2, BY ADDING SECTION 2.1900.1 GOVERNING OWNER RELEASED ANIMALS AND ESTABLISHING FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt - Councilmember Clifford ,Councilmember Salinas Councilmember Rhode • Councilmember Williamson Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance zoning 32.172 acres of land, more or less, at the southeast corner of Red Bud Lane and CR 123 to AG (Agricultural). (Also known as the Johnson Tract) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. .88 AUGUST 10, 2006 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 ORIGINALLY ZONE 32.172 ACRES OF LAND, MORE OR LESS, LOCATED AT THE SOUTHEAST CORNER OF CR 122 AND CR 123, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT AG (AGRICULTURAL). MOTION: Councilmember Williamson 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 Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt 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 5.95 acres of land, more or less, out of the Willis Donaho Survey, located at the northwest corner of CR 122 and Kiphen Road. (113 Kiphen Road - also known as the Whitney Tract) (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: 5.95 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 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. ,f .I14 89 AUGUST 10, 2006 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson 40 - Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.13.3. Consider an ordinance zoning 5.95 acres of land, more or less, at the northwest corner of CR 122 and Kiphen Road to C-2 (Local Commercial). (113 Kiphen Road - also known as the Whitney Tract) (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 ORIGINALLY ZONE 5.95 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-2 (LOCAL COMMERCIAL). • MOTION: Councilmember Salinas 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 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.B.4. Consider an ordinance rezoning 3.109 acres of land, more or less, at the southeast corner of Paloma Drive and the IH-35 frontage road from LI (Light Industrial) to C-1a (General Commercial - Limited). (Also known as Lot 4, Block 2, First Resubdivision of AmorRon Park) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing. 90 AUGUST 10, 2006 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 3.109 ACRES OF LAND, MORE OR LESS, LOCATED AT THE SOUTHEAST CORNER OF PALOMA DRIVE AND THE IH-35 FRONTAGE ROAD, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1'a (GENERAL COMMERCIAL - LIMITED). MOTION: Councilmember Honeycutt moved to adopt the ordinance. 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. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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.1. Consider an ordinance authorizing the placement of stop signs at the following locations: On Mayfield Ranch Cove at Mayfield Ranch Boulevard; on Quail Lodge Court at Harvey Penick Drive; on Cypress Point Cove at Harvey Penick Drive; and on Poppy Hills Cove at Harvey Penick Drive. (First Reading) (Requires two readings) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC. CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: MAYFIELD RANCH COVE AT MAYFIELD RANCH BOULEVARD, QUAIL LODGE COURT AT HARVEY PENICK DRIVE, CYPRESS POINT COVE AT HARVEY PENICK DRIVE, AND POPPY HILLS COVE AT HARVEY PENICK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9.C.2. Consider an ordinance establishing a 40-mph speed limit on Forest Creek Drive, • from Double Creek Drive to Rusk Road. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A PORTION OF FOREST CREEK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 91 AUGUST 10, 2006 *9.C.3. Consider an ordinance authorizing the placement of Stop Signs at the following locations: On Nash Street at Tassey Street and on North Burnet Street at Fannin Avenue. (Second Readin This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: NASH STREET AT TASSEY STREET AND N. • BURNET STREET AT FANNIN AVENUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.A.1. Consider a resolution authorizing the Mayor to execute a two-year service agreement between the City and Business Ink. Co. for printing and mailing services. 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 Printing and Mailing Services ("Agreement") with Business Ink, Co., and WHEREAS, Business Ink, Co. 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 Business Ink, 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Printing and Mailing Services with Business Ink, Co., 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 August, 2006. 10.6.1. Consider resolution accepting the Capital Improvement Plan Semiannual Report from the Capital Improvements Impact Fee Advisory Committee. Tom Word, Chief of Operations made the staff presentation. 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. Mr. Word outlined the following information from the report. • Impact Fees Collected YTD Fiscal Year 2006 • Peak Day Water Usage in MGD • Surface Water and Groundwater Production • Lake Georgetown Level • Average Single Family Permits Issued_ , • Water System Projects • Wastewater Projects Mr. Word added that the Committee met on July 12, 2006 and reviewed the semi-annual report for the reporting period of October 1, 2005 to March 31, 2006. The Committee determined that there are no inequities in implementing the plan or imposing the flee. RESOLUTION NO. WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and 92 AUGUST 10, 2006 WHEREAS, the Committee met on July .12, 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 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.C.1. Consider a resolution authorizing the Mayor to execute a contract with Capital Excavation for the construction of Red Bud Lane Phase III from CR 123 to US 79. Tom Martin, Director of Transportation Services made the staff presentation. This project will reconstruct Red • Bud Lane from approximately CR-123 to US 79 including a new five-lane bridge over Brushy Creek, at grade crossing of Union Pacific tracks and add signal and intersection improvements at US 79. RESOLUTION NO. WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the -plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on July 12, 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 2006. MOTION: Councilmember Williamson moved to approve the resolution. Councilmember Honeycutt seconded the motion. I(1' 93 AUGUST 10, 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.D.1. Consider a resolution adopting the 2006-2007 Third Program Year Action Plan, and authorizing the Mayor to make the necessary application to the Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds. Mona Ryan, Community Development Coordinator made the staff presentation. In order to receive the annual Community Development Block Grant (CDBG) entitlement, the City must submit an annual plan. The programs identified in the plan will be implemented in the 2006-2007 fiscal year. The funds will be used for program administration, public facilities improvements, housing activities, and public services. RESOLUTION NO. WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on July 12, 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 2006. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford :.,Councilmember Salinas h. Councilmember Rhode • Councilmember Williamson Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Chasco Contracting for the construction of a regional water quality pond along with various utilities associated with the Southwest Downtown District Improvement Project, Phase 1A. 4.,,- AUGUST 10, 2006 Tom Word, Chief of Public Works Operations made the staff presentation. This project is part of the infrastructure improvements planned for the Southwest Downtown District. This particular project includes water, stormwater, and dry utility infrastructure improvements in the Florence, McNeil, and Blair intersection as well as a boring of a storm sewer line beneath McNeil Road and the construction of a regional water quality pond south of the Union Pacific Railroad. Three contractors submitted bids on this project. The lowest bid of $1,124,709 was received from P ] • Chasco Contracting. Staff recommended acceptance .of the bid from Chasco Contracting. RESOLUTION NO. WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on July 12, 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 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.E.2. Consider a resolution authorizing the Mayor to execute a Conservation Easement as part of the Mitigation Plan requirements associated with the U.S. Army Corps of Engineers Permit for the construction of channel improvements for the Dry Branch Improvements project. Tom Word. Chief of Public Works Operations made the staff presentation. 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 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. As part of the Mitigation Plan requirements, the Corp of Engineers required that the City obtain a Conservation 9:5 AUGUST• 10, 2006 Easement on both sides of Lake Creek approximately 1/4 mile north of the Dry Branch tributary, as part of additional compensatory mitigation. The easement, to be preserved in its current state, was executed by D.R. Horton and Sycamore Trail, Ltd., the land owners on both sides of the creek. RESOLUTION NO. • WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on July 12, 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 2006. MOTION: Councilmember Williamson 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.F.1.Consider a resolution authorizing the Mayor to execute an Interlocal Agreement regarding the Williamson County Regional Animal Control Shelter. David Kautz, Assistant City Manager made the staff presentation. The City currently houses abandoned or stray domestic animals taken into custody in a temporary animal shelter owned by the City of Pflugerville. The shelter is a transitional facility for the City in that it is too small for the City's longer-term needs and it does not have public access or proper medical, adoption or reclamation features. The City • has worked on a regional shelter agreement with Williamson County and the cities of Cedar Park, Leander and Hutto. Under the agreement, the County will build and own a full-service animal shelter. The County and the participating cities will share in the construction cost of the facility and in the annual operating costs of the facility. The facility, located on the Inner Loop in far south Georgetown, is scheduled to be open and operational by February 2007. 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 AUGUST 10, 2006 the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on July 12, 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 Capitalital Improvements Plan Progress • Semiannual Report, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 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.F.2. Consider a resolution authorizing the Mayor to execute a settlement agreement • concerning the Richard Wallace Pearce and Jesse Ray Blann vs. City of Round Rock et al., lawsuit. This item was addressed after the Executive Session. COUNCIL COMMENTS: None 12.A. Consider Executive Session as authorized by 5551.071 Government Code, related to pending or contemplated litigation to wit: Richard Wallace Pearce and Jesse Ray Blann 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 8:25 p.m. and adjourned at 8:36 p.m. 10.F.2. Consider a resolution authorizing the Mayor to execute a settlement agreement concerning the Richard Wallace Pearce and Jesse Ray Blann vs. City of Round Rock et al., lawsuit. RESOLUTION NO. WHEREAS, Section 395.058, Texas Local Government Code, requires the Capital • Improvements Advisory Committee ("Committee") to report to the City of Round Rock ("City") on the progress of the capital improvements plan and any perceived inequities in implementing the plan, and to advise the City of the need to update the land use assumptions, capital improvements plan, and impact fees, and WHEREAS, the Committee met on July 12, 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, t 97 AUGUST 10, 2006 That the City of Round Rock hereby approves the Capital Improvements Plan Progress Semiannual Report, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of August, 2006. • MOTION: Councilmember Williamson 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. ADJOURNMENT: There being no further business, the meeting adjourned at 8:37 p.m. Re pectfully Submitted Christine R. Martinez, City Secretary • • 9. AUGUST 15-16, 2006 The Round Rock City Council met in a Work Session on Tuesday, August 15 and Wednesday, August 16, 2006 at the Texas Disposal Systems Pavilion, 12200 Carl Road, Creedmoor, TX. 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 Jim Nuse, City Manager, David Kautz, Assistant City Manager, Steve Sheets, City Attorney, Danny Halden, City Engineer, Will Hampton, Communications Director, Larry Hodge, Fire Chief, Bryan Williams, Chief of Police, Dale Ricklefs, Library Director, Tom Word, Chief of Public Works Operations, Teresa Bledsoe, Human Resources Director, Nancy Yawn, Convention and Visitors Bureau Director, Rick Atkins, Parks and Recreation Director, Jim Stendebach, Planning Director, Tom Martin, Transportation . Director, and Cindy Demers, Finance Director. Additional staff members who attended were Olivia Robinson, Executive Assistant to the Mayor and Council, Chris Bratton, Police Captain, Michael Thane, Engineer, David Smith,-Deputy Fire Chief, Howard Cruse, Firefighter, Tim Ryle, Police Captain, Rick White, Noelle Jones, Ruth Haberman, Alysha Girard, Kristie O'Hara, and Emsud Horozovic. Welcome remarks and presentation by Texas Disposal System. • Justin Gregory of Texas Disposal System welcomed the Council and gave a brief overview of the Texas Disposal System site. Opening remarks by City Manager Jim Nuse gave a brief overview of the work session items and their presenters. He noted that any of the items could be taken out of order. Mr. Nuse outlined the Policy Planning Summary Report from the August 17-18, 2005 Council Retreat. Presentation and discussion of topics listed below A. Ten-Year Plan follow-UD Jim Nuse outlined the working draft of the 10-year Comprehensive Operational Plan, input from the citizens at the workshops, and the Cost Controllers. He added that at the February 2006 Council Retreat three focus points were developed for Council input. Those were: • • Health Care • Compensation • Fees Input from this work session will provide staff with guidance from the Council so a plan can be developed through the fall with implementation in the 2007-2008 Budget Year. - Healthcare Issues/Insurance David Kautz outlined the following points which staff and the Council discussed. • Health Care Benefit Costs (Maximum Liability) 99 AUGUST 15-16, 2006 • Health Care Benefit Costs (Per Employee), Health Benefit Comparative • Value/Cost Index, Impact of Catastrophic Claimants • City's Monthly Health Insurance Rates • Emerging Cost Influence - Underwriting Factors - Lifestyle Factors - Medical Quality Compliance - Vendor Performance • Updated Efficiency and Projection • Health Benefit Cost Management Options • Focused interventions • Care Alternatives • Employer's Role and Responsibility • Aligning Responsibilities with Beliefs • Employer Involvement Index - intervention - influence - incentive - access - exit Mayor Maxwell asked if a fully insured plan has been considered rather than the self- insurance plan. He asked for a cost comparison on self-insured versus a full-insured plan. - Compensation Teresa Bledsoe outlined the compensation package an employee would receive for public service, fire, or police. The following points were presented for staff and Council discussion. • Compensation amount as a percent of the General Fund • Other Personnel Costs Unemployment Insurance - Workers comp - Certification pay - Education pay - Overtime - Incentive pay • Market Study produces market salary adjustments • 2005 Salary Cost Only • Pay for Performance • National Salary Trend • Local Market Salary Trend Police Chief Williams outlined the following points for staff and Council discussion. • Police Compensation - 2005 Police Compensation Market Study - Market Adjustment - Total Impact from the police process • Incentive Program • Police Hiring Data Chief Williams noted items for further discussion are as follows. • _ Defining our Market . What market should we be compared with? - Once we define our market, where should we be positioned? - Definition of the term "shadowing". Identification of all factors that allow us to remain competitive What other items make us competitive? Mayor Pro-tem McGraw asked for more details concerning hiring bonuses. Fire Chief Larry Hodge outlined the following points concerning Fire Department compensation for staff and Council discussion. • 2005 Fire Compensation Market Study ®- AUGUST 15-16,' 2006 • Market Adjustment • Total Impact from the Fire Department process. • 10-year plan - Business Mode - Constraints (Cost-Drivers) - Cost Controllers - Citizens See value in our business model • Fire Hiring Data • Strategic Issues • Round Rock Fire Department Service Provider Model • Teresa Bledsoe concluded the presentation by outlining the following points. • Compensation Philosophy - Compensation Program Principals 2006-2007 Compensation Project Plan - Market study - Performance - Benefits - Cost controllers - Fees setting philosophy Cindy Demers outlined the following information for staff and Council discussion. • Fees are currently being reviewed by a team of employees. • 10 year plan feedback-set appropriate user fees for service • Core team of Department Heads to establish review process • Ensure all fees are regularly reviewed and updated - consistent costing and Council/business philosophy utilized • Major Fee Categories - Franchise fees - Fees for service (MUD's) - Development fees/ bldg inspection/ • - Facility rentals - Other permits and fees - Beer and liquor license - Animal registration • Cost Elements • Indirect costs-overhead • Fee philosophical issues • Fee issues/examples • Fee Review Plan - Inventory all fees currently charged by the city group and categorize for review - Identify new programs for review - Present to council for input - Develop fee update schedule and cost templates - Implement PARD programs and development fee updates for 2008 budget year Rick Atkins outlined the following points concerning Parks and Recreation Fees. • Current Fee structure • Fee categories - Special use fees programs and activities - Community wide special events - Facility and equipment rental - Youth activities - Adult activities • - Senior activities - Commercial use and market rate activities - Tournament Fees Points brought up by Council were concerns of non-residents paying appropriate user fees, concerns on the appearance of the ballfields, and seeing leagues pickup 51% of the cost. B. Bond Proposals Williamson County e ::Y 101 AUGUST 15-16, 2006 Mike Heiligenstein, Central Texas Regional Mobility Authority Executive Director addressed the Council on the current projects in Williamson County. Mario Espinosa of the Regional Mobility Authority outlined the process for the design and implementation of the County proposed 620 bypass project. County Commissioner Birkman reported that the Bond Committee presented their • recommendations to the Commissioners earlier in the day. She noted that the bond committee agreed to put in $9 million for improvements to purchase right-of-way for 620 improvements. Commissioner Birkman reported that the Commissioners will be voting on August 22 on the committee recommendations. She asked the Council for a resolution of support for projects they would like to see in the bond election. Mike Weaver outlined the Bond proposal and the FM 620 Corridor Study Area Projects. Jim Nuse reported that Tom Word is in the process of identifying the right-of-way to secure as an option for future improvements for 620. The,improvements to 620 will alleviate current and future traffic problems. Mayor asked for the status of the extension of Wyoming Springs. . - Round Rock Independent School District • Landy Warren gave an update on the propositions for the upcoming bond election for the school district. He noted that the four propositions were put together by 100 citizens district-wide to be presented to the voters on November 7. He added that a citizen's bond oversight committee will be appointed by the community for the approved propositions. C. Public Safety - Fire Department Update Dr. Richard Lewis, Jr. Ph.D. outlined the following points concerning the organization change overview for the Fire Department. • Organizational Effectiveness - Found that it needed a change - Process Overview • Problems and issues identified by Fire Department personnel • Workgroup Recommendations for Improving the Fire Department • Consultant Recommendations • Leadership Development • Leadership Vision • Leadership Mission • Leadership Group Short-term goals Dr. Lewis reported that the Department is moving in the right direction and communication within department has improved immensely. EMS Update John Sneed, Williamson County EMS provided an update on the following points. - Moving the EMS and looking for sites - Building a station for future growth - Paramedic Firefighters 102 AUGUST 15-16, 2006 • ESD Update Chief Hodge gave an update of the new ESD No. 9 and its Board of Directors. He added that the Board will ask Council to provide service to the end of the year free of charge to Chandler Creek and Vista Oaks but they will still pay the City for service. Police Department Update • Building Update • Captain Chris Bratton provided an architectural rendition of the new police building which was the former Tellabs building. He outlined the proposed improvements and floor plan for the building to make it more inline to a police building and still have the security. He noted that there is no jail or holding cell planned for the building. Red Light Camera's Captain Tim Ryle provided information on the Red Light Photo Enforcement Program. He explained where and how this program can be utilized throughout the City. He added that the Council determines the.fines for these violations. A vendor for this type of camera investigates areas where the camera can go. If that intersection does not meet specifications then they will not recommend a camera for that intersection. Council asked for a presentation by the vendors at a future work session. • Motor Unit • Captain Tim Ryle outlined the following traffic initiatives. • Traffic units - Researched 53 Texas Police Departments with population of 36,000-245,000 - 80% have designated traffic units • Motorcycle Unit - Identified as a traffic enforcement strategy during the strategic planning process - Proactive resources ,budgeted to allow the start-up of an enforcement only unit with motorcycles - Volunteers for this unit - Strictly assigned to traffic enforcement - Two officers will be assigned to the unit - Unit to target specific traffic enforcement issues in neighborhoods and on arterials Mayor Pro-tem McGraw noted that if this program is initiated he wants an increase of public awareness since the City currently does not have such a unit. • Budget philosophy - As a cost controller - have civilians do some of the work officers to relieve the officers to do their duty - Assistant Chief of Police to focus on operations of police department - Property Room Manager - Telecommunications supervisor - One public safety office that is a civilian to help with traffic issues or taking evidence back to the department - Continue proactive stance Steve Sheets updated the Council on Meet and Confer legislation. D. Park Improvements Update 103 AUGUST 15-16, 2006' Rick Atkins, Parks and Recreation Director outlined the following points for staff and Council discussion. • Old Settlers Park Development Plan • Old Settlers Park Proposed Improvements - Tennis Restroom Facility - $765,000 • - Renovations to Existing Baseball and Softball Complex - $5,000,000 - New Girls Softball Complex - $4,200,000 - New Adult Softball Complex - $3,800,000 - Additional Parking (close to Rock' N River) - $325,000 - Multi-purpose Practice Fields (4) - $300,000 Ms. Demers outlined the financial aspects of the improvements. She noted the total cost of the project is $14,390,000 and outlined funding sources. • McNeil Park/245 Tract Jim Nuse gave a brief report concerning the future development or proposals concerning the 245 tract and McNeil Park. • Funding Strategies David Kautz outlined the funding strategies for the 245 tract. • Executive Session as authorized by X551.074 Government Code, related to the evaluation of the City Manager. Mayor Maxwell called the Executive Session to order at 6:15 p.m. and adjourned back into work session at 6:40 p.m. There being no further discussion for the Tuesday, August 15 Work Session, Mayor t Maxwell recessed the meeting at 6:41 p.m. Mayor Maxwell reconvened the Work Session at 8:10 a.m. on Wednesday, August 16, 2006. E. Financial Topics David Kautz and Cindy Demers made the presentations on the following topics. Mr. Kautz outlined the City's Financial Strategy. He added that the financial and operating plans are well-balanced. In addition, he outlined a property tax comparison of surrounding cities, Commercial and Residential property values, the General Fund Revenue for 2006-2007, and the Sales Tax collection. • - Budget 2006-2007 Cindy gave highlights of the 2006-2007 Operating Budget. She reported that the Budget was prepared to meet the financial management policy requirements. Ms. Demers also outlined the General and Debt Service Funds and Sales Tax Projections. Mr. Kautz explained how the property tax rate would be affected if the improvements to Old Settlers Park were funded. - Property Tax 104 AUGUST 15-16, 2006 Ms. Demers outlined the following proposed property tax rate. 2006 (FY 2006-2007) Proposed Tax Rate - $0.37105 2006 (FY 2006-2007) Effective Tax Rate - $0.35618 2005 (FY 2005-2006) Tax Rate - $0.37105 Financial Management Policy Ms. Demers briefly outlined the Financial Management Policy describing its purpose. Self-Finance Capital Spending Plan • Ms. Demers outlined capital spending plan funding sources, capital spending plan funding uses, police building construction, pool and skate park. She noted that Williamson County and Cities Health District requested a funding increase of $2.05 per capita. Currently, the City pays $1.65 per capita. - Utility Rates Ms. Demers outlined the Utility Budget Summary. David Kautz reported that the last payment on the Utility Debt Revenue Bonds was paid yesterday. The Council took a ten-minute recess to participate in a symbolic ceremony of destroying the paperwork regarding the Bonds, which have now been paid in full. - Hotel Occupancy Tax Budget Ms. Demers outlined the proposed Budget and Capital Spending Plan. • - Arts Funding Steve Sheets outlined the guidelines and policy the Tourism Commission uses to distribute Hotel Occupancy Tax funds and how the funds can be used. F. Neighborhood Issues - Parking in yards Jim Stendebach gave a presentation on concerns received from residents regarding the parking of vehicles in yards. He showed examples of the violations that are not currently regulated by an ordinance. Some areas of the City do not have any type of driveways or curbs. He added that the City does not enforce deed restrictions. Mr. Stendebach provided different parking scenarios for side/back yards with paved areas, non-paved areas, and gravel as a potential improved surface. The Council discussed the various scenarios that could solve concerns from the • neighborhoods. Staff and Council discussed parking in backyards. Council asked that this issue be addressed in the future. - Home based businesses Jim Stendebach outlined current regulations for home occupations and the concerns that staff has received. Steve Sheets offered a legal opinion concerning home occupations. G. Tourism Update 105 AUGUST 15-16, 2006 - Plan Nancy Yawn gave an update on the Destination Development Plan of December 2003. All 29 recommendations have either been completed or in the process of completion, with the exception of transportation. She outlined the funds collected from 2003-2006 for Hotel • Occupancy Tax and the indirect benefits that are received. Ms. Yawn briefly gave an update on the following points. • Marketing/Advertising • Banners • Website • Google Adwords • Chairing • T-Shirt • Visitors guide • Public Relations • Unofficial mascot"the rock" Rick Atkins gave a brief overview of the Games of Texas. He reported that about 7,500 athletics participated from 21 cities. The participation was up 25% from the previous Games and Round Rock hosted 4,700 athletics. Ms. Yawn outlined the economic impact from the Games of Texas. - Gateways & Wayfinding Plan • Tom Word gave an update on the highway signage. He said that 75% of the wayfinding signage are on the state highways. Staff is currently waiting until the state finalizes the sign regulations on what can or cannot be done concerning signs on the highways. Mr. Word added that staff will ask the highway if the responsibilities for the highway signage could be moved to the cities. Mayor Maxwell noted the City needs some type of a monument or gateway sign into Round Rock. Staff will visit with TxDOT about this. H. Events Facilities Assessment by ERA David Kautz introduced Steven Spickard, Senior Vice President for Economic Research Associated who gave an overview of the Event Facilities Assessment they conducted. • Goals and Objectives - Partnering - ROI • _ Multi-Use Expand and Diversity Capabilities - Hotel Sector - Real Estate Value - Fiscal Benefit • Things to Consider - Event Facility: Financials - Municipal Government: Fiscal Impact - Community Benefits: Economic Impact • Types of Facilities - Performing Arts Center - Civic/Community Center 106 AUGUST 15-16, 2006 - Convention Center - Conference Center - Arena-Style Events Center - Special Event Center (Flat Floor) Mr. Spickard noted that the Sports Capital of Texas would be tied to the decision of the type of facility that is appropriate for the community. Steve Sheets briefly outlined the lease agreement with Dell Diamond and what the Council needs to keep in mind when making their decisions. • The Council discussed the various options/scenarios for partnering in seeing this project a reality. I Westside Recreation Center Needs Assessment Study In response to question from the Council, Steve Sheets reported that if what was presented to the voters regarding a recreation center has changed since the vote, then it would need to go back to the voters. Council asked for the actual language that was on the ballot regarding a recreation center. Staff will provide that information to the Council. Rick Atkins reported that the study was conducted by Jacobs Facilities, Inc., Ballard*King &Associates, and ETC Institute. He introduced Mike Pratl, AIA of Jacobs Facilities, Inc. who outlined the following points of the Needs Assessment Study. The Council and staff discussed and asked for clarification on the various points throughout the presentation. • • Market/demographic analyses - Service Area - Service Area Age Distribution - 2005 Service Area Population Estimate - Median Income - Median Age - 2005 Estimate Participation/Numbers by Activity - Texas Participation - National Activity Ranking - National Activity Trend (MIL) - Art Classes - Alternative Service Providers • Community input - Open Houses - Telephone/Mail Survey • Partnering update • Facility Programming and Budgeting - Option 1 - Traditional Community Recreation Center without Indoor Aquatics - Option 2 - Traditional Community Recreation Center with Indoor Aquatics • - Option 3 - Traditional Community Recreation Center adjacent to the Micki Krebsbach Pool (enclosed in the winter) - Option 4 - Multipurpose Field House and Fitness/Training • Site Analyses - Location - Configuration - Cost - Function - Perception Mr. Pratl reported that the preferable site after the study was the Deepwood site because it has the capability for expansion. 107. AUGUST 15-16, 2006 George White, representative of Round Rock Medical Center clarified that all options of partnering are on the table. The Council requested a copy of the report and survey. J. Economic Development Partnership Status Joe Vining, Vice President, Economic Development of the Round Rock Chamber of • Commerce outlined the following points. • Industry Targets - Retail - Medical partnerships - Professional services - Automotive - Office • Key opportunities (TIP Strategies) - RRHEC - Medical complex - Commercial services - Town center - SH-130 development - Recruitment/retention Importance of business retention and expansion • Future opportunities/challenges - Strategic plan update - Changes to matrix - Incentive fund - Development partners • - Electric provider options Charlie Ayers of the Round Rock Chamber of Commerce gave a brief report on the Business Retention and Expansion activities. He outlined the job growth in the area adding they have visited over 80 companies. K. Utility Update The following were not addressed during this work session. - Regional Water Update - Future Water Supply-LCRA/Cedar Park - Water Study &Audit Adjournment: There being no further discussion, the work session was adjourned at 4:45 p.m. Re pectfully submitted, YV Christine R.:�Martinez, City Secretary • 1 ® 8 AUGUST 22, 2006 The Round Rock City Council met in a Special Called Session on Tuesday, August 22, 2006 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Also present were Assistant City Manager David Kautz, City Attorney Steve Sheets, • Finance Director Cindy Demers, Planning Director Jim Stendebach, Chief of Public Works Operations Tom Word, Chief of Police Bryan Williams, Fire Chief Larry Hodge, Parks and Recreation Director Rick Atkins, Transportation Director Tom Martin and Kristie O'Hara, Human Resources Manager. City Manager Jim Nuse was absent. PRESENTATION: Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all of the Councilmembers present and addressed the following item. 6.B. Consider a presentation by Envision Central Texas. Envision Central Texas was created to assist in the development and implementation of a regional vision to address the growth of Central Texas and help preserve and enhance the natural resources, economic vitality, social equity and quality of living. Sally Campbell, Executive Director of Envision Central Texas outlined the following points concerning • Envision Central Texas. • Creating the Regional Vision • The Region Speaks • Key Elements of the Vision • Implementation of the Vision • Public Education, Engagement and Outreach • 7 Implementation Committees • Creating Regional Resources • Key 2006 Program Areas and Deliverables • 2006 Envision Central Budget • Round Rock/Williamson Envision Central Texas Participation • 2006 Public Sector Contributors • 2006 Private Sector Contributors • Why should Round Rock support Envision Central Texas Ms. Campbell concluded her presentation by requesting $10,000 from the City of Round Rock. She added the formula for the requested amount is based on the City's population. Mayor Maxwell informed Ms. Campbell that Council will consider her request at a future meeting. • 3.A. Consider a presentation and discussion concerning possible road projects for the Williamson County Bond Election. Tom Word, Chief of Public Works Operations made the staff presentation. He outlined various road projects the City would like to see in the County bond package. RESOLUTION: 109 AUGUST 22, 2006 4.A. Consider a resolution recommending transportation related projects for the proposed Williamson County Bond Election. Tom Word, Chief of Public Works Operations made the staff presentation for this item under item 3A. RESOLUTION NO. WHEREAS, the Williamson County Commissioners Court is considering submitting to the voters a bond election for transportation related projects in Williamson County, and • WHEREAS, the Round Rock City Council would like to recommend certain transportation related projects located within Round Rock's extraterritorial jurisdiction and city limits to the Court for inclusion in the proposed bond election, and WHEREAS, the Council believes that all of the recommended projects are necessary to preserve and protect the health, safety and welfare of the citizens of Round Rock and Williamson County, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Round Rock City Council hereby recommends to the Court the following transportation related projects for inclusion in the proposed bond election: Arterial A, Phases 1, 2, and 3; The expansion of Wyoming Springs Dr. from Brightwater to FM 620; The extension of Wyoming Springs Dr. from FM 3406 to Brightwater; and Projects to improve east/west traffic flow between U.S. 79 and F.M. 620. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 August, 2006. 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. STAFF BRIEFING: S.A. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for the August 24, 2006 City Council meeting. Mayor Maxwell outlined the Council agenda for August 24, 2006 allowing time for Council questions. Staff provided additional information and/or an explanation of the following items. Item 3A1- Presentation concerning proposed park improvements and their affect on • the City's tax rate. David Kautz reported that this presentation will provide information on how to implement a program on a priority basis. Item 12A2 - Public hearing regarding the application filed by McNeil Retail Ltd. to amend the development standards related to the primary access drive of PUD 65. Jim Stendebach reported that even though new information has developed regarding this request, the public hearing will still be held. Item 13C2 - Ordinance amending the development standards related to the primary access drive of PUD 65. Jim Stendebach reported that this item might be withdrawn from 11 .0 AUGUST 22, 2006 the agenda at the request of the applicant. That will be confirmed prior to the Council meeting. Item 13C4 - Ordinance annexing property known as Texas Crushed Stone/Georgetown Railroad Company, FM 1431 right-of-way, and the City's Water Treatment Plant. This item will be withdrawn at the request of staff due to the recent fatality of a Texas Crushed Stone's attorney. • Item 1461 - Resolution scheduling public hearings on the proposed 2006 property tax rate. Cindy Demers reported that the first public hearing is scheduled for September 7, 2006 at 5:30.p.m. PRESENTATIONS: 6.A. Consider presentation and discussion of the Strategic Calendar. Monique Adams, Executive Administrative Assistant to the City Manager outlined the upcoming items for September 2006 and the items that have been completed in August 2006. 6.13. Consider a presentation by Envision Central Texas. This item was addressed earlier in the meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 8:19 a.m. • Respectfully Submitted, Christine R. Martinez, City Secretary • 111 AUGUST 24, 2006 The Round Rock City Council met in Work Session and Regular Session on Thursday, August 24, 2006 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER: Mayor Maxwell called the Work Session to order at 6:30 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, Assistant City Manager David Kautz and City Attorney Steve Sheets. PRESENTATION: 3.A.1. Consider a presentation concerning proposed park improvements and their affect on the City's tax rate. Rick Atkins, Parks and Recreation Director, Cindy Demers, Finance Director, and Tom Word, Chief of Public Works Operations made the staff presentation. Mr. Atkins outlined the current and completed projects for Old Settlers Park. He then outlined the following proposed projects for Old Settlers Park at Palm Valley. • Tennis Restroom Facility - $765,000 • Renovations to Existing Baseball and Softball Complex - $5,000,000 • New Girls Softball Complex - $4,200,000 - • New Adult Softball Complex - $3,800,000 • Additional Parking (close to Rock' N River) - $325,000 • Multi-purpose Practice Fields (4) - $300,000 Ms. Demers outlined the financial aspects of the improvements. She noted the total cost of the project is $14,390,000 and outlined funding sources. Mr. Word outlined the Softball Project Timeline, Renovation Project Timeline, issues concerning baseball and softball league season and the projects that need to be done concurrently. He noted that staff's recommendation is that new fields need a 6-month growth period to allow the turf to take hold. The creation of multi-purpose fields is a high priority and gives the department the needed relief for the current fields. He added that the date of completion could be August 2008. The work session adjourned at 7:08 p.m. CALL REGULAR SESSION TO ORDER Mayor Maxwell called the Regular Session to order at 7:14 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, Assistant City Manager David Kautz and City Attorney Steve Sheets. 112 AUGUST 24, 2006 CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 8.A. Consider proclaiming September 8, 2006 as Literacy Day. Mayor Maxwell read the following proclamation and presented to Gloria Cueva, Literacy Council of Williamson. WHEREAS, the need for a highly literate citizenry increases as Round Rock moves • toward an increasingly technological future; and WHEREAS, nearly one quarter of Round Rock adults experience literacy issues that severely impact their lives and that of their families and almost 40% of adults lack workforce skills needed to work productively, affecting their abilities to fully participate as citizens and residents of our city; and WHEREAS, the Literacy Council of Williamson County helps over four hundred adults in Round Rock and over 1,500 in Williamson County in their quest to learn to read, while providing GED tutoring for high school dropouts; and WHEREAS, the Round Rock Public Library provides services and programs designed to enhance the literacy opportunities of the city's residents and families, serving over 36,000 library patrons each year; and WHEREAS, the Literacy Council of Williamson.County and the Round Rock Public Library work collaboratively to address the literacy needs of individuals and families, and they invite the residents of Round Rock to join in highlighting the economic and societal importance of literacy; NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim September 8th, 2006 as "Literacy Day" in the City of Round Rock and urge my fellow citizens to learn more about the importance of literacy and to become involved with literacy in their communities. PROCLAIMED this 24th day of August 2006. 8.8. Consider recognizing September 4-8, 2006 as National Payroll Week. Mayor Maxwell read the following proclamation and presented it to Becky Martinez, • City's Payroll Specialist. Becky thanked the Council on behalf of the entire Payroll Division. In addition, Cindy Demers, Finance Director presented Becky with a Certificate of Appreciation for over 20 years of service in the Finance Department. She added that Becky was promoted to HR Generalist and is transferring to the City's Human Resources Department. WHEREAS, the American Payroll Association has designated September 4-8, 2006 as National Payroll Week; and WHEREAS, this year's theme for the nationwide public awareness campaign is "America works because we're working for America"; and WHEREAS, this campaign pays tribute to the millions of individuals who work in the United States as payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, the City of Round Rock is fortunate to have a skilled and dedicated payroll team whose daily contributions to our employees, the organization and the community are very much appreciated; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and • WHEREAS, the CenTex Chapter of the American Payroll Association plays a key role in maintaining the City's economic health by carrying out such tasks as paying into the unemployment insurance system, providing information for child support enforcement and withholding, reporting and depositing tax payments, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby recognize September 4-8, 2006 as "NATIONAL PAYROLL WEEK" in the City of Round Rock and urge all citizens to show their support of the individuals who work in the payroll profession in an appropriate manner. PROCLAIMED this 24th day of August 2006. 8.C. Consider a proclamation concerning the 2006 Games of Texas 113 AUGUST 24, 2006 Mayor Maxwell read the following proclamation and presented to Rick Atkins, Parks and Recreation Director and Sharon Prete, Games of Texas Coordinator. WHEREAS, the Texas Amateur Athletic Federation (TAAF), Williamson County, the cities of Round Rock, Georgetown, Cedar Park, and Leander along with Brushy Creek Municipal Utility District and Fern Bluff Municipal Utility District hosted the 2006 AT&T Games of Texas, which is an Olympic-style event featuring a multitude of sports for athletes of all ages; and WHEREAS, the Games of Texas is the largest multi-sport event in Texas where • athletes can compete in 20 sports and more than 25 venues; and WHEREAS, approximately 7,500 athletes from more than 121 cities across the state of Texas attended the 2006 Games of Texas of which 4,781 of those athletes participated in events in Round Rock; and WHEREAS, the largest events included track and field, swimming and the Opening Ceremonies with baseball being one of the largest TAAF has ever held at the Games with 58 teams; and WHEREAS, the attendance of this years Games surpassed last year's Games of Texas by 25%, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas and the City Council wish to thank the Texas Amateur Athletic Federation, AT&T, Sponsors, Volunteers, City Staff and Games of Texas Williamson Coordinator, Sharon Prete, for a successful and outstanding event, and FURTHERMORE, ask everyone to mark their calendars for the 2007 AT&T Games of Texas in Williamson County slated for July 26-29 and encourage everyone to attend the Games and offer their support and encouragement to all the athletes as they participate in the 2007 Games of Texas. PROCLAIMED this 24th day of August 2006. PRESENTATION: 9.A.1. Consider an update by Joe Garcia of Union Pacific Railroad concerning proiects within the City of Round Rock. Joe Garcia of Union Pacific Railroad gave an update • on the following projects within the City. • A.W. Grimes Boulevard • Red Bud Lane • Temporary Signal Plan for Red Bud Lane • Arterial "A" • Sam Bass Road • McNeil Road 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 August 10, 2006. *13.B.2. . Consider an ordinance authorizing the placement of stop signs at the following locations: On Mayfield Ranch Cove at Mayfield Ranch Boulevard; on Quail Lodge Court at Harvey Penick Drive; on Cypress Point Cove at Harvey Penick Drive; and on Poppy • Hills Cove at Harvey Penick Drive. (Second Reading) *13.D.1. Consider an ordinance amending Chapter 2, Animal Control, regarding animals released by their.owners. (Second Reading) *13.E.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Kiphen Road (CR 113) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Lucy Guerrero (Parcel 12E) (First Reading) 114 AUGUST 24, 2006 *14.C.1. Consider a resolution authorizing the Mayor to execute a Professional Service Contract with John H. Konzen for Project Administration and Inspection for the 2006-2008 Tank Rehabilitation Proiect. *14.D.1. Consider a resolution authorizing the Mayor to execute an agreement with Austin HLK, Inc. DBA Sweep Across Texas for street sweeping services for the City. MOTION: Councilmember Williamson moved to approve all the items listed 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. MOTION: Councilmember Rhode moved to dispense with the second reading of Item 13E1 with the unanimous consent of all the Councilmembers present and 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. APPROVAL OF MINUTES: *11.A. Consider approval of the City Council minutes for August 10, 2006. This item was approved under the consent agenda. PUBLIC HEARINGS: 12.A.1. Consider public testimony regarding revisions to the Transportation Element of the General Plan 2000. Jim Stendebach, Planning Director made the staff presentation. Amendments to the Transportation Element of the General Plan 2000 are limited to changes to the Roadway Table and the Ultimate Roadway Network Map. Since the Roadway Table and Ultimate Roadway Network Map are also contained 'in the General Plan 2000, amendment of the General Plan is required to reflect the changes. The amendments include adding Arterial "T", a proposed roadway between the Round Rock • Higher Education Center and the proposed Seton Hospital which will run south from University Boulevard terminating at CR 112; adjusting the alignment of CR 109/ CR 110/ CR122; and a number of administrative changes. The Planning and Zoning Commission recommended approval of the amendments at their meeting on August 16, 2006. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 115 AUGUST 24, 2006 12.A.2. Consider public testimony regarding the application filed by McNeil Retail Ltd. to amend the development standards related to the primary access drive of PUD 65 (Planned Unit Development) located at the southeast corner of University Boulevard and the IH-35 frontage road. (Also known as Lot 2, Block A, East Chandler Retail Center) Jim Stendebach, Planning Director made the staff presentation. PUD 65 was adopted in • September of 2005 to be developed as a shopping,center wrapping around the IKEA store to the south and east. The use of a PUD to permit a private drive as an alternative public access was allowed through a recent amendment to the Subdivision Ordinance. The proposed amendment to PUD 65 will allow the primary access drive, which is a private drive, to be considered as an alternative public access for the purposes of platting. This will allow lots to be created in the center of the property without having to resort to awkward and impractical "flag lots" in order to access IH-35 or University Boulevard. The proposed amendment also stipulates certain conditions have to be met in order for the private drive to be considered an alternative public access. The Planning and Zoning Commission recommended approval of the proposed amendments to the PUD zoning at their July 12, 2006, meeting. This recommendation was based on the understanding that McNeil Park would be developed for commercial uses unless it remains as a park, which would then • require a buffer between the park and the PUD development. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 13.A.1. Consider an ordinance amending Section 8.05 (Education Assistance/ Reimbursement Program) of the Human Resources Policies and Procedures Manual. (First Reading) Kristie O'Hara, Human Resources Manager made the staff presentation. An inter- departmental task force was created to review and revise the existing Education Assistance and Reimbursement Program in an effort to ensure the best value for the education assistance funds as well as to increase the number of employees participating in the program. Recommendations of the task force are as follows: • Reduces the annual maximum reimbursement from $2500 to $2000. Eligibility in the program is only for full-time regular employees and • eliminates part-time employees' eligibility. • Eligible tuition and fee schedules will be based on and should not exceed Texas State University's in-state,tuition and fee structure. Employees attending class at any school except Texas State University and Austin Community College, reimbursement for the applicable tuition and fees will be based on the actual grade awarded. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.05 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING THE EDUCATION ASSISTANCE AND REIMBURSEMENT PROGRAM; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 116 AUGUST 24, 2006 MOTION: Councilmember Salinas moved 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. MOTION: Councilmember Williamson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and 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. the Transportation Master Plan. First 13 6 1 Consider an ordinance amending p Readin Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The Transportation Master Plan (TMP) periodically requires amendments to • ensure an adequate transportation system for the future. The TMP, along with the Transportation Element of the General Plan, also provides direction for developing a City transportation system that serves the needs of all residents. Due to changing roadway needs an amendment was prepared for the Transportation Master Plan (TMP), as well as the Transportation Element of the 2000 General Plan. The amendment is limited to the Roadway Table and Ultimate Roadway Network map that includes the addition of a new arterial, upgrading a collector, realigning an intersection, and renaming a roadway and an alignment. Mr. Martin outlined the following: • Alignment changes - CR 109, CR 110 and CR 122 • New Roadways - Proposed Arterial "T" - County Road 112 • - Teravista Parkway • Roadway Name Changes - Arterial "S" to Oakmont Drive - Rename Chandler Road to University Boulevard In addition, Mr. Martin outlined the completed roadway segments. ORDINANCE NO. AN ORDINANCE AMENDING THE "COMPREHENSIVE TRANSPORTATION MASTER PLAN, MARCH 2004," WHICH CONSTITUTES THE CITY OF ROUND ROCK'S TRANSPORTATION POLICY; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. ,tttJ , 117 AUGUST 24, 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 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 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. *13.B.2. Consider an ordinance authorizing the placement of stop signs at the following locations: On Mayfield Ranch Cove.at Mayfield Ranch Boulevard; on Quail Lodge • Court at Harvey Penick Drive; on Cypress Point Cove at Harvey Penick Drive; and on Poppy Hills Cove at Harvey Penick Drive. (Second Reading),This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC .CODE BY- DESIGNATING THE . FOLLOWING INTERSECTIONS AS STOP INTERSECTIONS: MAYFIELD RANCH COVE AT MAYFIELD RANCH BOULEVARD, QUAIL LODGE COURT AT HARVEY PENICK DRIVE, CYPRESS POINT COVE AT HARVEY PENICK DRIVE, AND POPPY HILLS COVE AT HARVEY PENICK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 13.C.1. Consider an ordinance amending the Transportation Element of the General Plan 2000. (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 GENERAL PLAN OF THE CITY OF ROUND ROCK, TEXAS, CODIFIED UNDER SECTION 11.107, CODE OF ORDINANCES (1995 • EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND CHAPTER 7; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt, moved 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 118 AUGUST 24, 2006 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 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.C.2. Consider an ordinance amending the development standards related to the primary access drive of.PUD 65 (Planned Unit Development) located at the southeast corner of University Boulevard and the IH-35 frontage road. (Also known as Lot 2, Block A, East Chandler Retail Center) (First Reading) This item was withdrawn at the request of the applicant. 13.C.3. Consider an ordinance changing the name of CR 170, from SH-45 south to the city limits, to A. W. Grimes Boulevard. (First Reading) Jim Stendebach, Planning Director made the staff presentation. This street name change furthers the City's efforts to maintain consistent street naming throughout Round Rock. That portion of CR 170 that • extends south from (East) Louis Henna Boulevard within the city limits of Round Rock will be changed to South A. W. Grimes Boulevard. Property address. numbers will be changed for consistency along the roadway. As required by the regulations for the naming of streets, written notices were sent to the property owners of lands adjacent to CR 170 within the city limits. In addition, a return envelope and form, that had to be signed and notarized, was also provided to give the owners the opportunity of relaying their approval or concerns. On August 1, 2006, the Address Coordinator had received the required 66.6% of property owners' agreeing to the name change. ORDINANCE NO. AN ORDINANCE CHANGING THE NAME OF CR 170 THAT EXTENDS SOUTH FROM (EAST) LOUIS HENNA BLVD., (WITHIN THE CITY LIMITS) TO A.W. GRIMES BOULEVARD; PROVIDING 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. v,r 119 AUGUST 24, 2006 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 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. 13.C.4. Consider an ordinance annexing 2,562.02 acres of land, more or less, out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey. (Also known as Texas Crushed Stone/Georgetown Railroad Company/FM 1431 ROW/City Water Treatment Plant) (First Reading) This item was withdrawn from the agenda at the request of staff. *13.D.1. Consider an ordinance amending Chapter 2, Animal Control, regarding animals released by their owners. (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, BY ADDING SECTION 2.1900.1 GOVERNING OWNER RELEASED ANIMALS AND ESTABLISHING FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *13.E.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Kiphen Road (CR 113) Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed.property from Lucy Guerrero (Parcel 12E) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A DRAINAGE EASEMENT OF APPROXIMATELY 0.078 ACRES AND A TEMPORARY CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.138 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE KIPHEN ROAD (CR113) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO • ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. RESOLUTIONS: 14.A.1. Consider a resolution approving an exception to park curfew regulations to allow an overnight campout at the Sertoma Girls Softball Field Complex located in Old Settlers Park at Palm Valley. Rick Atkins, Director Parks and Recreation made the staff presentation. The Round Rock,Sertoma Girls Softball League would like to host an overnight campout at the Old Settlers Park at Palm Valley on September 15 for their league teams 120 AUGUST 24, 2006 and parents. They requested approval of an exception to the regulations concerning the hours in municipal parks. RESOLUTION NO. WHEREAS, municipal parks are only open to the public between the hours of 6:00 o'clock a.m. and 12:00 o'clock midnight in accordance with Section 1.1701 of the Code of Ordinances (1995 Edition), and WHEREAS, the Round Rock Girls Sertoma Softball has requested that an exception be granted to said Ordinance allowing an overnight campout at the Sertoma fields at Old • Settlers Park on the night of September 15,2006, and WHEREAS, pursuant to Section 1.1701 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 request of Round Rock Girls Sertoma Softball for an overnight campout on Friday night, September 15, 2006, at the Sertoma fields at Old Settlers Park is hereby granted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of August, 2006. 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.B.1. Consider a resolution scheduling public hearings on the proposed 2006 property tax rate. Cindy Demers, Finance Director made the staff presentation. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the roll back rate or effective tax rate, the taxing unit's governing body must vote to place the proposal on the agenda of a future meeting as an action item. The proposed tax rate of $0.37105 is required to balance the FY 2006-2007 Operating Budget. This rate is the same tax rate adopted in 2005 (FY 2005-2006), and is $0.01487 above the 2006 (FY 2006-2007) effective tax rate. The proposed increase is due to the growth in operating costs and reduced sales tax reliance reflecting the City's • operational and long-term financial plans. Under this proposal, taxes on the average homestead would increase by $26.02 or 4.54% compared with last year's taxes. Comparing the proposed tax rate to the effective rate, the tax rate would increase by 4.17%. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of the property. Public hearings will be held on September 7 and September 14 to address this item. 121 AUGUST 24, 2006 RESOLUTION NO. WHEREAS, Chapter 26 of the Property Tax Code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS, the City of Round Rock's 2006 proposed tax rate exceeds the effective rate, and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and • WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of two public hearings on the proposed property tax rate, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the first public hearing on the 2006 proposed property tax rate be held on the 7th day of September, 2006, at 5:30 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas, and the second public hearing on the 2006 proposed property tax rate be held on the 14th day of September, 2006 at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. That the ordinance to adopt the 2006 proposed property tax rate be placed on the agenda of the September 14, 2006 meeting of the Round Rock City Council as an action item on which a record vote of the first reading will be taken and recorded. That the ordinance to adopt the 2006 proposed property tax rate. be placed on the agenda of the September 28, 2006 meeting of the Round Rock City Council as an action item on which a record vote of the second reading and final adoption will be taken and recorded. That the City Council hereby approves the form of the attached Notice of Public Hearings on Tax Increase, attached hereto as Exhibit"A" and incorporated herein for all purposes, and directs the City Secretary to publish same in accordance with the provisions of Section 26.06 of the Texas Tax Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 24th day of August, 2006. 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14.B.2. Consider a resolution accepting and/or modifying the funding recommendations for social service agencies for fiscal year 2007. Cindy Demers, Finance Director made the staff presentation. The City contracts with the United Way of Greater Williamson County for assistance in determining and addressing the health and welfare • needs of the citizens of Round Rock. The United Way and City have completed the social service funding allocation process for FY 2007. This resolution accepts the funding recommendations resulting from the allocation process. Finalization of the recommendations is contingent upon the approval of the FY 2006-2007 General Fund Budget as well as individual agency funding contracts with the City. Ms. Demers outlined the recommendations. She added that the City Manager met with Lone Star Circle of Care and the Round Rock Health Clinic concerning the development 122 AUGUST 24, 2006 of a partnership for Health and Wellness funding from the City. Staff recommended approval of the recommendations noted and that the allocation for Lone Star Circle of Care be moved to a line item titled Uninsured Health Care. The specific agency allocation will be determined after Lone Star Circle of Care and Round Rock Health Clinic complete the partnership discussions and agreement, which is expected by December 31, 2006. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") contracts with the United Way of Greater Williamson County ("United Way") for assistance in determining and addressing the health and welfare needs of the citizens of Round Rock, and WHEREAS, the City staff and United Way have completed their recommendations for the social service funding allocation process for fiscal year 2007, and WHEREAS, the City Council desires to accept and/or modify the recommendations for the funding of social service.agencies, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby accepts and/or modifies the funding recommendations of United Way for social service agencies for fiscal year 2007 as reflected on Exhibit "A" 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 hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of August, 2006. MOTION: Councilmember Honeycutt moved to approve the resolution as amended by staff's recommendation concerning the allocation for Lone Star Circle of Care. 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.C.1. Consider a resolution authorizing the Mayor to execute a Professional Service Contract with John H. Konzen for Proiect Administration and Inspection for the 2006-2008 Tank Rehabilitation Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain personal services for Project Administration and Inspection for 2006-2008 Tank Rehabilitation Project, and WHEREAS, John H. Konzen has submitted an Agreement for Personal Services for Project Administration and Inspection for 2006-2008 Tank Rehabilitation Project to provide said services, and • WHEREAS, the City Council desires to enter into said agreement with John H. Konzen, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Personal Services for Project Administration and Inspection for 2006-2008 Tank Rehabilitation Project with John H. Konzen, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 24th day of August, 2006. 1 .2 3 AUGUST 24, 2006 *14.D.1. Consider a resolution authorizing the Mayor to execute an agreement with Austin HLK, Inc. DBA Sweep Across Texas for street sweeping services for the City. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Rock has duly advertised for bids for the cleaning and • sweeping of certain streets and medians within the City, and WHEREAS, Austin HLK, Inc. dba Sweep Across Texas ("Austin HLK") has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin HLK, Now Therefore BE IT RESOLVED BY 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 Street Sweeping Services with Austin HLK, Inc. dba Sweep Across 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 Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of August, 2006. APPOINTMENTS: 15.A. Consider appointment of a regular member to the Historic Preservation Commission. Lynn Smith resigned from her position as a regular member on the Historic Preservation Commission. The term for this position will expire June 2007. Letters of interest for the position were received from Jerry Hodges and Rae Lynn Tipping. Mayor Maxwell opened the floor for nominations. Jerry Hodges was nominated. MOTION: Mayor Pro-tem McGraw moved that nominations cease and to appoint Jerry Hodges as a regular member on the Historic Preservation Commission by acclamation. 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. 15.B. Consider appointment of an alternate member on the Zoning Board of Adjustments. Michael Morales was appointed to the Planning and Zoning Commission leaving the alternate position on the Zoning Board of Adjustments vacant. The term for this position expires June 2007. Letters of interest were received from Gene Lukow and Joe Baker. Mayor Maxwell opened the floor for nominations. Gene Lukow was nominated. MOTION: Councilmember Rhode moved that nominations cease and to appoint Gene Lukow as an alternate member on the Zoning Board of Adjustments by acclamation. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt 124 AUGUST 24, 2006 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: • 17.A. Executive Session as authorized by X551.074 Government Code, related to the evaluation of the City Manager. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 8:20 p.m. and adjourned back into regular session at 8:31 p.m. NEW BUSINESS: 18.A. Consider discussion and/or action regarding evaluation and compensation for the City Manager. MOTION: Councilmember Rhode moved to grant the City Manager a merit increase of 4.5%. 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. ADJOURNMENT: There being no further business, the meeting adjourned at 8:34 p.m. R pectfully Submitted, Christine R. Martinez, City Secretary 125 SEPTEMBER 6, 2006 The Round Rock City Council met in a Special Called Session on Wednesday, September 6, 2006 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Also • present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PUBLIC HEARINGS: 3.A. Consider public testimon.y regarding the proposed unilateral annexation of 2,562.02 acres of land, more or less, out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey. (Also known as the Texas Crushed Stone/Georgetown Railroad Company/FM 1431 ROW/City of Round Rock Water Treatment Plant Tract) First Public Hearing Susan Brennan, Planning Coordinator made the staff presentation. The tract of land known as the Texas Crushed Stone, Georgetown Railroad Company, FM 1431 ROW and City of Round Rock Water Treatment Plant Tract total 2,562.02 acres. The tract is located on both the north and south boundaries of FM 1431 and on the west side of Interstate 35. It is the city's desire to.annex the tract in order to control the development in this area, annex city property that is currently being used as a water plant and to protect the appearance of • this northern gateway corridor into the city. The inclusion of the FM 1431 ROW, which is part of the City of Round Rock's Master Transportation Plan, will also help provide consistent police and fire protection in that area. This is the first of two required public hearings; the second public hearing will be held on September 7, 2006. On June 9, 2006, 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. Published notices of the September 6, 2006, and September 7, 2006, public hearings appeared in the Round Rock Leader on August 26, 2006 and was posted on the City's Website on August 25, 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 7:35 a.m. • RespectfL{lly Submitted Christine R. Martinez, City Secretary 126 SEPTEMBER 7, 2006 The Round Rock City Council met in a Special Called Session on Thursday, September 7, 2006 at 5:30 p.m. in the City Council Chamber, 221 E. Main Street. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Scott Rhode. Councilmember Ted Williamson was absent. Also present were City Manager Jim Nuse and Assistant City Manager David Kautz. • PRESENTATION: 3.A. Consider a presentation regarding the proposed budget and tax rate. Cindy Demers, Finance Director gave a brief overview of the proposed 2006-2007 budget. She outlined the following points. • General Fund - Total Revenue Total Expenditures Net Changes Ms. Demers noted that this budget includes 21.5 new full-time employees. Debt Service Fund - Total Revenue - Total Expenditures • Proposed Property Tax 2006 (FY 2006-2007) Proposed Tax Rate - $0.37105 2006 (FY 2006-2007) Effective Tax Rate - $0.35618 2005 (FY 2005-2006) Tax Rate - $0.37105 Tax Rate Impact on Average Homeowner • • Comparison of Proposed Tax Rates for Surrounding City's Ms. Demers concluded that a video concerning the budget could be viewed on Cable Channel 10 at 1:00 p.m., 4:00 p.m., and 7: 00 p.m. beginning September 7 through September 28. The video can also be viewed on the City's website. PUBLIC HEARING: 4.A. Consider public testimony concerning the proposed 2006 property tax rate increase for the City of Round Rock. Cindy Demers, Finance Director made the staff presentation. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the roll back,rate or effective tax rate, the taxing unit's governing body must hold two public hearings before adopting a tax rate. The proposed tax rate of $0.37105 is required to balance the FY 2006-2007 Operating Budget. This rate is same tax rate adopted • in 2005(FY 2005-2006), and is $0.01487 above the 2006 (FY 2006-2007) effective tax rate. The proposed increase is due to the growth in operating costs and reduced sales tax reliance reflecting the City's operational and long-term financial plans. Under this proposal, taxes on the average homestead would increase by $26.02 or 4.54% compared with last year's taxes. Comparing the proposed tax rate to the effective rate, the tax rate would increase by 4.17%. Individual taxes may increase at a greater or lesser rate, or even 127 SEPTEMBER 7, 2006 decrease, depending on the change in taxable value of the property. Another public hearing is scheduled for the Council's September 14 meeting. Mayor Maxwell opened the public hearing. There being no public testimony, the P 9 public hearing was closed. 4.13. Consider public testimony regarding the proposed unilateral annexation of • 2,562.02 acres of land, more or less, out of the E. Evans Survey, D. Curry Survey and the J. Powell Survey. (Also known as the Texas Crushed Stone/Georgetown Railroad Company/FM 1431 ROW/City of Round Rock Water Treatment Plant Tract) Second Public Hearing Lee Heckman, Planner made the staff presentation. This is the second public hearing concerning the annexation of 2,562.02 acres located on both the north and south boundaries of FM 1431 and on the west side of Interstate 35. This tract is known as the Texas Crushed Stone, Georgetown Railroad Company and FM 1431 ROW and City of Round Rock Water Treatment Plant Tract. It is the city's desire to annex the tract in order to establish land use control and to protect the appearance of this northern gateway corridor into the city. In addition, the inclusion of the FM 1431 ROW, which is part of the City of Round Rock's Master Transportation Plan, will help provide consistent police and fire protection i n that area. 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 5:50 p.m. Re p ctfully Submitted, Christine R. Martinez, City Secretary 128 SEPTEMBER 14, 2006 The Round Rock City Council met Regular Session on Thursday, September 14, 2006, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. • ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Ted Williamson. Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Peggie Fink, 201 W. Bagdad, the city's representative on the Williamson County and Cities Health District gave a brief outline of the services the Health District provides. She added that her term on the Board,of Directors expires December 31, 2006. She will no longer be eligible to serve on this Board because she is moving to Austin. Mario Carlin, Omar Morales, and Paul Morin of EI Amistad Club invited the Council to the EI Amistad Annual Golf Tournament on September 24, 2006. This event is one of their • fundraisers for scholarships they distribute. PROCLAMATIONS: S.A. Consider proclaiming September as.Support Our Troops Month. Mayor Maxwell read the following proclamation and presented it to Erik Azulay and Tom Peterson, Director's of Texas Patriot Network. . WHEREAS, the uniformed men and women of our community have been called upon to offer their tireless devotion in the service to our country and to bring peace to a troubled corner of the world; and WHEREAS, citizens of Round Rock remember and extend our gratitude to these servicemen and servicewomen who bravely stand guard each day to preserve our peace and liberty; and WHEREAS, we recognize that it is through the contributions and sacrifices of the men and women of our Armed Forces that we are able to enjoy our freedoms as citizens of the United States of America; and WHEREAS, the Texan Patriot Network, a local non-profit organization, has formed to support the men and women of our Armed Forces deployed in the Middle East by sending them care packages from home; and WHEREAS, the Texan Patriot Network will be conducting a donation drive throughout September in order to send care packages to our troops and have asked for the support of • the Round Rock community, NOW, THEREFORE, I, NYLE MAXWELL, MAYOR of the City of Round Rock, Texas, do hereby proclaim September 2006 as "SUPPORT OUR TROOPS MONTH" in the City of Round Rock, Texas and encourage all citizens to support the Texan Patriot Network and to extend appreciation to the brave men and women of our Armed Forces. PROCLAIMED this 14th day of September 2006. 5.B. Consider a proclamation recognizing City of Round Rock employees who have been deployed to the Middle East. Mayor'Maxwell read the following proclamation and 12 .9 SEPTEMBER 14, 2006 presented it to Sergeant First Class Tim Travis, Staff Sergeants Jeff Gogolewski and Mike Lasoya, and Katrina and Kristine Ortiz, daughters of Master Sergeant Billy Ortiz. WHEREAS, our community is fortunate to have the type of individuals who find a way to make a difference in the lives of those who need them, whether it's saving lives, protecting property or keeping the peace, the United States Military stands ready to keep America strong and free; and WHEREAS, these uniformed men and women would not be successful if they did not develop leadership, professionalism, and technical know-how throughout their careers to • prepare for this service, the people who have chosen to serve our nation, are our sons and daughters, brothers and sisters, husbands and wives, City of Round Rock co-workers, and people of whom we are very proud; and WHEREAS, the City of Round Rock is privileged to have skilled and dedicated employees who serve in the United States Military, these soldiers and City of Round Rock employees exhibit and live by the core values of duty, integrity, ethics, honor, courage and loyalty; they have also impacted the lives of those around them and have exemplified their dedication and patriotism; and WHEREAS, the City of Round Rock would like to recognize Round Rock Police Officers, Jeffrey Gogolewski, Mike Losoya, and Timothy Travis and Traffic Operations Supervisor, Billy Ortiz each of whom were called to serve in the Middle East and perform a variety of very important missions for the American people and our allies around the world, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas on behalf of the City Council, Staff and citizens of Round Rock wish to formally honor the sacrifices these men have made and all that have served and are serving today to preserve our freedom; they are the pride of Round Rock. PROCLAIMED this 14th day of September 2006. PRESENTATIONS: 6.A.1. Consider a presentation concerning the status of public safety radio communications in Williamson County. Rick White, Police Management Analyst made the • staff presentation. Williamson County has begun the replacement of its existing analog, radio communications system with a digital system. That project should be completed in early 2008. Mr. White gave a brief update on the status of the expansion of the Countywide Integrated Communications System radio system. He outlined the following points. Existing Governance: CWICS $397k annual budget Williamson County - 46% Georgetown - 15% Round Rock - 28% Cedar Park- 11% Moving to Digital • Current system being discontinued • Industry-wide phase-out of analog in favor of digital • Interoperability with other agencies easier to accomplish Replacement System Federal Grant COPS Program $6.00 million Williamson County $1.85 million City of Austin $0.15 • Total $8.00 million Non-Funded Costs • Replace radio field units - FD station alerting & Knox Box equipment - Additional dispatcher positions - Redundant site-dispatch center connections - Moving to new PD building Current Status • Project formally began in June • County proposing to assume full ownership of radio system • Interlocal agreement under development • Consultant helping with due diligence regarding: Meeting the city's needs .13 D SEPTEMBER 14, 2006 - Costs and operational aspects - Governance Summary • Migration to digital radio • Staying with Motorola • Williamson County ownership 6.13.1. Consider a presentation regarding the status of the proposed regional water treatment project for Round Rock, Cedar Park, and Leander. Jim Nuse, City Manager, Cindy • Demers, Finance Director and Tom Word, Chief of Operations made the staff presentation. The planning for a Lake Travis water option is continuing in order to provide long-term regional water to Round Rock. The staff from Round Rock, Cedar Park and Leander has been working with the Lower Colorado River Authority (LCRA) to provide detailed financial performance of various delivery models. The regional approach will provide the customer of all of the partner cities with substantial savings. 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 August 15-16, 2006; August 22, 2006; August 24, 2006; ; and September 7, 2006. • *11.C.2. Consider a resolution authorizing property tax refunds to Lowe's Home Centers, Inc. for 2002 and 2003 taxes totaling $6,636.14. *11.C.3. Consider a resolution authorizing a property tax refund to Branson Family Limited Partnership for 2005 taxes in the amount of$2,726.22. *11.C.4. Consider a resolution authorizing a property tax refund to Photronics L Texas, L.L.P. for 2004 taxes in the amount of $46,785.65. *11.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 with HDR Engineering, Inc., for engineering services for the IH-35 Improvements Project. *11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the Engineering Services Contract with Camp Dresser & McKee Inc. (CDM) for the 2005 Raw Water Delivery System Improvements. *11.E.2. Consider a resolution authorizing the Mayor to execute an Engineering • Contract with S. D. Kallman, L.P. - Engineers and Environmental Consultants for the Greenlawn Place Blue Tubing Replacement Proiect. 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 131. SEPTEMBER 14, 2006 Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *B.A. Consider approval of the City Council minutes for August 15-16, 2006; • August 22, 2006; August 24, 2006; ; and September 7, 2006. This item was approved under the consent agenda. PUBLIC HEARINGS: 9.A.1. Consider public testimony concerning the proposed 2006-2007 Operating Budget for the City of Round Rock. (First Public;Hearing) Cindy Demers, Finance Director made the staff presentation for this item and 9B2 at this time. This is the first public hearing on the proposed FY 2006-2007 Operating Budget. The second public hearing will be held on September 28, 2006. The Operating Budget consists of the General Fund, General Debt Service Fund and the Water/Wastewater Utility Fund. The City Manager's proposed operating budget has been adjusted from the budget previously provided to the Council on July 27. This change includes the additional funding for Parks Improvements Projects of $656,000. The 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. Ms. Demers gave an overview of the budget summary. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in- taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the roll back rate or effective tax rate, the taxing unit's governing body must hold two public hearings before adopting a tax rate. This is the second public hearing on the tax rate. The first public hearing was held on September 7, 2006. The proposed tax rate of $0.37105 is required to balance the FY 2006-2007 Operating Budget. This rate is same tax rate adopted in 2005 (FY 2005-2006), and is $0.01487 above the 2006 (FY 2006-2007) effective tax rate. 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. In addition, the proposed increase is due to the growth in operating costs and reduced sales tax reliance reflecting the City's operational and long-term financial plans. 2006 (FY 2006-2007) Proposed Tax Rate - $0.37105 2006 (FY 2006-2007) Effective Tax Rate - $0.35618 2005 (FY 2005-2006) Tax Rate - $0.37105 Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 1 :32 SEPTEMBER 14, 2006 9.A.2. Consider public testimony concerning the proposed 2006 property tax rate for the City of Round Rock. (Second Public Hearing) Ci.ndy Demers, Finance Director made the staff presentation for this item under 9A1. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. 9.13.1. Consider public testimony regarding the application filed by Koontz/ • McCombs 1, Ltd., to rezone 17.889 acres, more or less, located at the intersection of Hester's Crossing Road and La Frontera Boulevard, from PUD 39 District (Planned Unit Development) to PUD 69 District. This item was withdrawn from the agenda at the request from the developer. 9.6.2. Consider public testimony regarding the proposal to zone 8.218 acres of land more or less, located at the northwest corner of A.W. Grimes Boulevard and Gattis School Road to C-1a District (General Commercial-Limited). (Also known as the Wolf Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. This property was annexed on July 13, 2006. Since the City announced its intention to annex the East Rock neighborhood several months ago, staff has been working with the property owners to find the appropriate zoning for each tract. While staff is still discussing the various options (limited commercial, office, PUD, etc.) with the other property owners, a consensus has been reached on the appropriateness of C-1a for this 8- • acre tract, which is located at the corner of two arterials, with commercial zoning already in place on the south side of Gattis School Road. The Planning and Zoning Commission recommended approval of the proposed zoning change at their August 16, 2006, meeting. Mayor Maxwell opened the public hearing. The following individuals spoke on the proposed zoning. Dorothy Sheehan, 2000 Logan Drive Karen Adair-Murphy, 2302 Silverleaf Cove There being no further testimony, the public hearing was closed. 9.13.3. Consider public testimony regarding the unilateral annexation of 291 acres of land, more or less, known as the Burge-Gordon-Madsen et al. tract, located east of the western edge of CR 122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake Municipal Utility District. (First • Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. The tract of land known as Burge-Gordon-Madsen et al. is a total of 291 acres, more or less, located east of the western edge of CR122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake Mud. It is the city's desire to annex this tract in order to control the development of this U, 133 SEPTEMBER 14, 2006 area and to protect the existing single-family residential subdivisions abutting this tract to the south and west. Mayor Maxwell opened the public hearing. The following individuals spoke on the proposed annexation of this acreage. Staff will meet with the individuals to answer questions they had regarding the annexation. • Becky Madsen, 1200 N. CR 122, Georgetown Janette Madsen, 1455 N. CR 122, Georgetown Bill Gordon, 9113 CR 110, Georgetown There being no further testimony, the public hearing was closed. 9.B.4. Consider public testimony regarding the unilateral annexation of 56 acres of land, more or less, known as Crossley Crossing and Johnson Lane, located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. The tract of land known as Crossley Crossing and Johnson Lane is 56 acres; more or less, located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. Land on all sides of the tract is already within the city limits, with the exception of right-of-way along the southwest corner. It is the city's desire to annex this tract in order to control the development of this area and to protect the existing single-family residential subdivisions abutting this tract to the north and south, and to protect the proposed single- family residential subdivision in between the Johnson Lane and Crossley Crossing portions of the tract. Mayor Maxwell opened the public hearing. The following individuals spoke on the proposed annexation of this acreage. Staff will meet with the individuals to answer questions they had regarding the annexation. David Herbst, 1809 Paradise Ridge Linda Neeley, 1350 Rusk Road Patrick Heinzelman, 1855 Paradise Ridge Brian Graver 1292 Johnson Lane Sheila Offitt, 1292 Johnson Lane did not wish to address the Council. There being no further testimony, the public hearing was closed. ORDINANCES: 10.A.1. Consider an ordinance adopting of the 2006-2007 Operating Budget for the • City of Round Rock. (First Reading) Requires two readings Cindy Demers, Finance Director made the staff presentation for this item during the public hearing held earlier in the meeting. Mayor Pro-tem McGraw asked for discussion at a work session concerning a funding request and the City's participation in the Texas Clean Air Cities Coalition regarding coal- burning power plants in Texas. ORDINANCE NO. 134 SEPTEMBER 14, 2006 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.A.2. Consider an ordinance adopting the 2006 property tax rate for the City of Round Rock. (First Reading) Requires two readings 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 2006. 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.A.3. Consider an ordinance adopting the Master Ordinance establishing the City of Round Rock, Texas Utility System Revenue Financing Program. (First Reading) Cindy Demers, Finance Director made the staff presentation. Carol Polumbo of McCall, Parkhurst & Horton, LLP, the City's Bond Counsel and Garry Kimball of First Southwest Company, the City's Financial Advisory provided additional information concerning the Master Ordinance. The Master Ordinance is the City's main governing document in connection with the issuance of any debt payable from the net revenues of the Utility System. This ordinance incorporates additional modern financing tools, covenants, and flexibility to assist the City in • its capital planning and debt issuances related to the Utility System. Each series of debt obligations will be issued pursuant to a supplemental ordinance, which supplements the Master Ordinance. The City must comply with the provisions of the Master Ordinance. ORDINANCE NO. MASTER ORDINANCE ESTABLISHING THE CITY OF ROUND ROCK, TEXAS UTILITY SYSTEM REVENUE FINANCING PROGRAM. 135 SEPTEMBER 14, 2006 MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.A.4. Consider an ordinance adopting the First Supplemental Ordinance to the Master Ordinance establishing the City of Round Rock, Texas Utility System Revenue • Financing Program. (First Reading) Cindy Demers, Finance Director made the staff presentation. The Master Ordinance is the main governing document of the City, which must be complied with in connection with the issuance of any debt payable from the net revenues of the Utility System. This is the first series of obligations being issued under the new Master Ordinance. The First Supplemental Ordinance is related to the Texas Water Development Board loan for $12,000,000. ORDINANCE NO. FIRST SUPPLEMENTAL ORDINANCE TO THE MASTER ORDINANCE ESTABLISHING THE CITY OF ROUND ROCK, TEXAS UTILITY SYSTEM REVENUE FINANCING PROGRAM. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem.McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell, Nays: None Absent: Councilmember Rhode 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 Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 136 SEPTEMBER 14, 2006 Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.A.5. Consider an ordinance adopting the 2006-2007 Hotel/Motel Occupancy Tax Budget. (First Reading) Requires two readings Cindy Demers, Finance Director made the staff presentation. 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. Proceeds from this tax are used toward the promotion of tourism and the convention and hotel industry in the City. ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2006-2007. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.A.6. Consider an ordinance adopting the Municipal Court Fund Budget for FY 2006-2007. (First Reading) Requires two readings 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. The fees are collected on convictions 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 2006-2007 FISCAL YEAR. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas • Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously.- 10.A.7. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 2006-2007. (First Reading) Requires two readings Cindy Demers, Finance Director made the staff presentation. The City owns Forest Creek Golf course and has 137 SEPTEMBER 14, 2006 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. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2006-2007. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 10.A.8. Consider an ordinance adopting the Parks Improvement and Acquisition • Fund Budaet for FY 2006-2007. (First Reading) Requires two readings Cindy Demers, Finance Director made he staff presentation. This fund accounts for the collection and expenditure of fees from sports league teams fees used for the improvement of facilities; park development fees collected from developers of subdivisions who choose to provide cash in lieu of designating parkland; and any specific donations the City may receive related to Parks improvements. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION ACCOUNT FOR THE 2006-2007 FISCAL YEAR. 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 • Mayor Maxwell Nays: None Absent: Councilmember Rhode Councilmember Williamson was out of the room when the vote was taken. ACTION: The motion carried unanimously. 10.A.9. Consider an ordinance adopting the Library Fund Budget for FY 2006-2007. (First Reading) Requires two readings 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. 138 SEPTEMBER 14, 2006 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2006-2007 FISCAL YEAR. 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 Mayor Maxwell Nays: None Absent: Councilmember Rhode Councilmember Williamson was out of the room when the vote was taken. ACTION: The motion carried unanimously. 10 B 1 Consider an ordinance denying the rate increase proposed by the Atmos Energy Corporation. (First Reading) David Kautz, Assistant City Manager made the staff presentation. The City joined a coalition of cities known as the Atmos Texas Municipalities (ATM). ATM hired rate experts to evaluate and make recommendations regarding the Atmos rate filing. The original effective date for the Atmos rate increase request was July 5, 2006 and the City has,suspended the effective date for the City to take final action until October 3, 2006. Rate experts have reviewed testimony,_schedules, work papers and other documents provided by Atmos and have determined that the rate increase is not just and • reasonable based on the following: - The request seeks an excessive rate of return of 11.5% - The request artificially decreases debt and increases equity. - The request seeks excessive levels of infrastructure adjustments for its Gas Reliability Infrastructure Program (GRIP) - The request proposes a radical change in rate design for residential customers, which promotes waste of natural gas and shifts costs to low use customers. ORDINANCE NO. AN ORDINANCE DENYING THE RATE INCREASE PROPOSED BY THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt 139 SEPTEMBER 14, 2006 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.C.1. Consider an ordinance amending Section 9.503 school zones in the Code of • Ordinances eliminating the school zone on Red Bud Lane in the vicinity of Forest Creek Drive. (First Reading) Requires two readings Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. This ordinance will eliminate the school zone on Red Bud Lane near Forest Creek Drive. The school district indicated that due to the realignment of school boundaries east and west of Red Bud Lane, in the vicinity of Forest Creek Drive, the need for the school zone on Red Bud Lane is no longer required. They added that there is no generated pedestrian traffic crossing Red Bud Lane. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ELIMINATING A PORTION OF RED BUD LANE IN THE. VICINITY OF FOREST CREEK DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember • Honeycutt seconded the motion. VOTE. Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 10.D.1. Consider an ordinance rezoning 17.889 acres, more or less, located at the intersection of Hester's Crossing Road and La Frontera Boulevard, from PUD 39 District- (Planned Unit Development) to PUD 69 District. (First Reading) This item was withdrawn from the agenda at the request from the developer. 10.D.2. Consider an ordinance zoning 8.218 acres of land,-more or less, located at the northwest corner of A.W. Grimes Boulevard and Gattis School road:. to C-la District (General Commercial-Limited). (Also known as the Wolf Tract) (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 ORIGINALLY ZONE 8.218 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1a (GENERAL COMMERCIAL - LIMITED). 140 SEPTEMBER 14, 2006 MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None • Absent: Councilmember Rhode 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 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the Mayor to execute a Developer Participation Agreement with Canteberry Development, Ltd. for public drainage channel and • storm sewer improvements associated with the Eagle Ridge Subdivision development. Danny Halden, City Engineer made the staff presentation. The proposed channel improvements will provide proper conveyance for a drainage basin of approximately 675 acres. The Eagle Ridge area benefiting from the channel improvements is approximately 144 acres or 21% of the entire drainage basin. The storm sewer improvements will extend an existing pipe, built with the abutting Meadow Lake subdivision, up to the new channel, which-will result in decreased maintenance for the City. In view of the magnitude of the improvements contemplated in conjunction with the culvert improvement along Eagles Nest Street that Canteberry Development, Ltd. previously performed, this participation by the City seems justified. The maximum amount of reimbursement to the Developer by the City is estimated to be $120,000.00 or thirty percent (30%) of the total Agreement cost, whichever amount is less. RESOLUTION NO. • WHEREAS, the City of Round Rock (`City") desires to enter into an agreement with Canteberry Development, Ltd., ("Developer"), to participate in the construction of a drainage channel associated with the Eagle Ridge Subdivision Development, and WHEREAS, Vernon's Texas Codes Annotated, Local Government Code, Subchapter C, _212.071 et. seq. authorizes municipalities with a population of 5,000 or more to enter into a contract with a developer for the developer to construct public improvements related to the development and for the municipality to participate in their cost, and WHEREAS, such agreement is embodied in the attached Developer Participation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 141 SEPTEMBER 14, 2006 That the Mayor is hereby authorized and directed to execute on behalf of the City the attached Developer Participation Agreement, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of September, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.8.1. Consider a resolution approving a site Lease Agreement with Williamson County regarding the use of City property for an emergency communications radio tower site. David Kautz, Assistant City Manager made the staff presentation. This tower site is for a proposed countywide digital radio system upgrade project. The 0.101 acre of land is located at 1058 CR 116. Williamson County will use this City property for the maintenance • and operation of a countywide communications system site. RESOLUTION NO. L WHEREAS, Williamson County, Texas ("County") desires to use City of Round Rock property for purposes related to the operation of a public safety Radio Communications System ("RCS"),,,and WHEREAS, the City of Round Rock wishes to enter into a Lease Agreement with Williamson County, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Lease Agreement with Williamson County, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of September, 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.8.2. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding with Texas Crushed Stone and Georgetown Railroad regarding the 142 SEPTEMBER 14, 2006 annexation and zoning of the property. Jim Nuse, City Manager made the staff presentation. Texas Crushed Stone and Georgetown Railroad own significant property in our ETJ. This Memorandum of Understanding (MOU) outlines the business deal to arrive at a voluntary annexation for a portion of the property and a long-term quarry agreement. Mr. Nuse outlined the agreement presented to the Council. '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, on June 8, 2006, the City, pursuant to Resolution No. R-06-06-08-10C1, directed the City's Planning Director to prepare a service plan for the involuntary annexation of the TCS and GRR property west of I-35 and north and south of RM 1431 (the "Property"), the RM 1431 right-of-way and the City's Water Treatment Plant, and WHEREAS, TCS and GRR oppose the involuntary annexation and assert their vested rights to continue mining operations on the Property, 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, Now Therefore BE IT RESOLVED BY THE 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 14th day of September 2006. MOTION: Mayor Pro-tem McGraw 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.C.1. Consider a resolution authorizing the Mayor to execute a Financing Program • Agreement with Bank of America to lease/purchase various equipment. Cindy Demers, Director of Finance made the staff presentation. Each year the City acquires a portion of its heavy equipment and rolling stock through a tax-exempt leasing program. This program permits scheduled replacement of worn equipment on a revolving basis. The program for the current year totals is $600,000. It will be financed at an effective interest rate of 4.07% ($43,451.85 total interest) has a three-year payback, and is outlined in the operating SEPTEMBER 14, 2006 14 budget. The first year repayment is included in the proposed operating budget. The impact on any one operating budget is minimized. 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 4.07% 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 4.07% 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 14th day of September, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 14 4. SEPTEMBER 14, 2006 *11.C.2. Consider a resolution authorizing property tax refunds to Lowe's Home Centers, Inc. for 2002 and 2003 taxes totaling $6,636.14. ' 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, Lowe's Home Centers, Inc. has made an overpayment or erroneous payment of 2002 and 2003 taxes in the amount of $6,636.14; 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 $6,636.14. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of September, 2006. *11.C.3. Consider a resolution authorizing a property tax refund to Branson Family Limited Partnership for 2005 taxes in the amount of $2,726.22. 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, Branson Family Limited Partnership has made an overpayment or erroneous payment of 2005 taxes in the amount of $2,726.22; 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$2,726.22. 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 14th day of September, 2006. *11.C.4. Consider a resolution authorizing a property tax refund to Photronics • Texas_, L.L.P. for 2004 taxes in the amount of $46,785.65. 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 145 SEPTEMBER 14, 2006 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, Photronics Texas, L.L.P. has made an overpayment or erroneous payment of 2004 taxes in the amount of $46,785.65; 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 $46,785.65. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of September, 2006. *11.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 with HDR Engineering, Inc., for engineering services for the IH-35 improvements Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with HDR Engineering, Inc. for IH-35 modifications from Chandler Road to Westinghouse Road, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Contract No. 5 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. 5 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. 5 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 14th,day of September, 2006. *11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Engineering Services Contract with Camp Dresser & McKee, Inc. (CDM) for the 2005 Raw Water Delivery System Improvements. 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 Camp Dresser & McKee Inc. for the 2005 Raw Water Delivery System Improvements Project, and WHEREAS, Camp Dresser & McKee 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 • with Camp Dresser & McKee Inc., Now Therefore BE IT.RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with Camp Dresser & 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 14th day of September, 2006. 14 .6 SEPTEMBER 14, 2006 *11.E.2. Consider a resolution authorizing the Mayor to execute an Engineering Contract with S. D. Kallman, L.P. - Engineers and Environmental Consultants for the Greenlawn Place Blue-Tubing Replacement Project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the • Greenlawn Place Blue Tubing Replacement Project, and WHEREAS, S.D. Kallman, L.P. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with S.D. Kallman, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with S.D. Kallman, L.P. for the Greenlawn Place Blue Tubing Replacement Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written-notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,.considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of September, 2006. COUNCIL COMMENTS: Councilmember Honeycutt reported that the Task Force to Encourage Philanthropy for Arts and Cultural Activities is making good progress. Mayor Maxwell reported that the Texas Mission of'Mercy, which is large multi-day dental mission that brings hundreds of dentists, dental professionals and other volunteers • from across Texas together to donate their professional services, has raised the necessary funds ($43,000) for the event at Dell Diamond on November 10-11, 2006. EXECUTIVE SESSION: 13.A. Consider Executive Session as authorized by 8551.072 Government Code, related to the purchase of real property, to wit: 1 Kiphen Road right-of-way from GCLC, Ltd. (Parcel 2) 2) Kiphen Road right-of-way from Northpark at Old Settlers, Ltd. (Parcel 3) 3 Kiphen Road right-of-way from Park Central Building Associates, LP, (Parcel 4) The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Maxwell at 10:10 p.m. and adjourned back into regular session at 10:49 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 14.A. Consider discussion and/or action related to the purchase of real property, to wit: • 1) Kiphen Road right-of-way from GCLC, Ltd. (Parcel 21 2) Kiphen Road right-of-way from Northpark at Old Settlers, Ltd. (Parcel 3) 3) Kiphen Road right-of-way from Park Central Building Associates LP Parcel 4 This item was withdrawn from the agenda at the request of staff. ADJOURNMENT: There being no further business, the meeting adjourned at 10:49 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary e. na)Lt 147 SEPTEMBER 21, 2006 Those members of the Round Rock City Council Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Carlos Salinas, and Councilmember Joe Clifford, and staff members Fire Captain Mark Selby, Coordinator, Jim Nuse, City Manager, David Kautz, Assistant City Manager, Will Hampton, Communications Director, Jim Stendebach, Planning Director, Steve Sheets, City Attorney, Dale Ricklefs, Library Director, Susan Brennan, Planner, Mona Ryan, Community Development Coordinator, Monique Adams, Executive Assistant, and Olivia Robinson, Executive Assistant to the Mayor and City Council attended a National Incident Management System (NIMS) training session at 2919 Joe Dimaggio (Fire Station No. 6) on Thursday, September 21, 2006 at 8:00 a.m. in Round Rock, Texas. This training is federally mandated for any government,that receives federal grants or to receive federal reimbursement for disasters. Bruce Harlan - Regional Training Coordinator, Capital Area Council of Governments provided the training, which focused on the following three areas of the NIMS. • IS-100 Introduction to Incident Command System • IS-700 National Incident Management Systems (NIMS), An Introduction • IS-800.A National Response Plan (NRP), An Introduction There being no further business, the training ended at 5:00 p.m. Respectfully submitt Christine R. Martinez, City Secretary • 148 SEPTEMBER 28, 2006 The Round Rock City Council met in Work Session and Regular Session on Thursday, September 28, 2006 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:30 P.M. Mayor Maxwell called the work session to order at 6:40 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 Ted Williamson. Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PRESENTATION: 3.A.1. Consider a presentation concerning the potential use of photographic traffic light enforcement in the City of Round Rock. Bob Barnard, Senior Business Development Manager of ATS (American Traffic Solutions) gave a presentation on Photo Traffic Safety and Enforcement Solutions. The work session adjourned at 7:17 p.m. CALL REGULAR SESSION TO ORDER: 7:00 P.M. Mayor Maxwell called the regular session to order at 7:25 p.m. PLEDGE OF ALLEGIANCE: • Boy Scout Pack 174, Eagle Den 7 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 Ted Williamson. Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Mayor Maxwell reported that services were held earlier in the day for Staff Sergeant Chris Zimmerman of Round Rock whose life was taken while serving in the Middle East. Councilmember Honeycutt read the proclamation which was read at the service. Lucy and Peaches McVey, 1801 Tonkawa Trail were at the meeting to invite everyone to the Barnes & Noble Book Fair on September 30 at 10:00 a.m. to 12:00 Noon to hear Bluebonnet Elementary School teachers and other guests read. Peaches demonstrated her • reading skills. As a note, Peaches is a bulldog and the Bluebonnet Elementary School mascot. PROCLAMATIONS: 8.A. Consider proclaiming September 30, 2006 as Public Safety and Round Rock Noon Kiwanis Day. Mayor Maxwell read the following proclamation and presented it to Peggie Fink representative of the Noon Kiwanis. 149 SEPTEMBER 28, 2006 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 nonprofit civic organization that was • founded in 1952 and have dedicated themselves to improving and enhancing the lives of young children in the City of Round Rock; and WHEREAS, since 1991 Kiwanis has held an Annual Pancake Breakfast Fundraiser for all citizens to enjoy and then donating the proceeds of the fundraiser to the Texas Baptist Children's Home, Williamson County & Cities Health Department, scholarships to all high schools in the Round Rock area, the YMCA, and many others; and WHEREAS, these two events were brought together several years ago on the front lawn of the Texas Baptist Children's Home to bring greater awareness to our community of the many 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 30, 2006, as "PUBLIC SAFETY DAY SPONSORED BY ROUND ROCK NOON KIWANIS" in the City of Round Rock, Texas and urge all citizens to partake in all of the activities of the day and to practice Public Safety Awareness at all times. PROCLAIMED this 28th day of September 2006. 8.B. Consider a proclaiming the week of October 2, 2006 as Urban Forestry Week. Mayor Maxwell read the following proclamation and presented it to Emsud Horozovic, Forestry Manager. WHEREAS, in 2000 the City of Round Rock's Parks and Recreation Department created the Urban Forestry Division; and WHEREAS, the mission of the Urban Forestry Division is the management of Round Rock's urban forest through the use of the best management practices and the communication of such to citizens, employees and developers of Round Rock, through education, tree planting, tree preservation, and tree care; and WHEREAS, as an active participant in the Texas Chapter of the International Society of Arboriculture, the City of Round Rock's Urban Forestry Division was chosen to host the 20th Annual Texas Tree Conference from October 4th through October 6th, 2006; and WHEREAS, Round Rock is honored to host this prestigious conference for the second time; and WHEREAS, several hundred professionals and advocates of urban forestry will be attending the 20th Annual Texas Tree Conference, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the week of October 2 through 6th, 2006 as "URBAN FORESTRY WEEK" in the City of Round Rock, Texas and urge all citizens to plant, protect and preserve trees in order to make our city a more beautiful place to work, live and play, and furthermore, on behalf of the Round Rock City Council extend a warm welcome to all the attendees of the Texas Tree Conference. PROCLAIMED this 28th day of September 2006. PRESENTATION: 9.A.1. Consider an update by Joe Garcia of Union Pacific Railroad concerning • projects within the City of Round Rock. Joe Garcia of the Union Pacific Railroad provided an update on the following projects within the City. • A.W. Grimes Boulevard • CR 122 • St. Williams Street • Sam Bass Road • Arterial A project CONSENT AGENDA: _150. SEPTEMBER 28, 2006 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 September 14, 2006. *13.A.4. Consider an ordinance adopting the 20062007 Hotel/Motel Occupancy Tax Budget. (Second Reading) • *13.A.5. Consider an ordinance adopting the Municipal Court Fund Budget for FY 20062007. (Second Reading) *13.A.6. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 20062007. (Second Reading) *13.A.7. Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 20062007. (Second Reading) *13.A.8. Consider an ordinance adopting the Library Fund Budget for FY 2006- 2007. (Second Reading) *13.13.1. Consider an ordinance amending_Section 9.503 school zones in the Code of Ordinances eliminating the school zone on Red Bud Lane in the vicinity of Forest Creek Drive. (Second Reading) *14.D.3. Consider a resolution authorizing the Mayor to execute a Social Service • Agency Annual Funding Agreement with Bluebonnet Trails CMHMRC. *14.D.4. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Combined Community Action. *14.D.5. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Life Steps. *14.D.6. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Capital Idea. *14.D.7. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Literacy Council of Williamson County. *14.D.8. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Area Serving Center. *14.D.9. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Caregivers. • *14.D.10. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Habitat for Humanity. *14.D.11. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Round Rock Volunteer Center. *14.D.12. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with ARC of the Capital Area. j, f SEPTEMBER, 28, 2006 151 *14.D.13. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County Children's Advocacy Center. *14.D.14. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with YMCA of Greater Williamson County. *14.D.15. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson Burnet County Opportunities. *14.D.16. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Williamson County Crisis Center. *14.D.17. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with STARRY. MOTION: Mayor Pro-tem McGraw 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *11.A. Consider approval of the City Council minutes for September 14, 2006. This item was approved under the consent agenda. PUBLIC HEARINGS: 12.A.1. Consider public testimony concerning the proposed 20062007 Operating Budget for the City of Round Rock. (Second Public Hearing) Cindy Demers, Finance Director made the staff presentation. The Operating Budget consists of the General Fund, General Debt Service Fund and the Water/Wastewater Utility Fund. The City Manager's proposed operating budget has been adjusted from the budget previously provided to the Council on July 27. This change includes the additional funding for Parks Improvements Projects of $656,000. The budget provides improved levels of service for a growing community and is balanced at the effective tax rate for the general and debt service funds and competitive r. water and wastewater rates for the utility fund while adhering to the City's financial policies. • The proposed utility budget is balanced with a planned 3% 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. 12.B.1. Consider public testimony regarding the unilateral annexation of the tract of land known as the Burge, Gordon, Madsen, et al. tract, a total of 291 acres, more or less, .152 SEPTEMBER 28, 2006 located east of CR 122 west of McNutt Creek north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake Municipal Utility District (MUD). (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. This is the second public hearing of the two required public hearings. This tract of land known as Burge, Gordon, Madsen, et al totals 291 acres. The tract is located east of the western edge of CR122, west of McNutt Creek, north of the Pioneer Crossing • Subdivision and south of the southern boundary of the Paloma Lake MUD (Municipal Utility District.) It is the city's desire to annex this tract 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. The following questions were brought up by property owners at the last Council meeting. Mr. Stendebach presented the following answers to those questions. Q. Will I be allowed to keep animals? A. Yes. Regulated by the "Animal Control Ordinances" ■ One animal unit for first acre plus one animal unit for each additional half acre ■ Animal unit defined as follows; o One horse, mule, llama or cattle o Two swine o Five sheep, goats or emu Q. Can I burn brush? A. Only with permission of Fire Marshall and neighbors. Q. Can I continue to run my business? • A. Yes. The Texas Local Government Code states that "A Municipality may not, after annexing an area, prohibit a person from continuing to use the land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted..." Q. Why annex me now? A. As urban development begins to abut properties within the city's ETI, it is appropriate to annex areas that abut the city limits based on the following: ■ Availability of city services increases development potential significantly. ■ Control of land use protects values. ■ Rationalization of emergency service boundaries. ■ The extension of services and utilities can be rationally planned. Q. What services do I get? A. Immediate services include: ■ City Fire Protection ■ City Police Protection ■ Maintenance of City Streets ■ Maintenance of Public Facilities ■ Solid Waste Collection ■ Services within 2.5 years or less include: - Water - Wastewater Q. What does it cost me in taxes? • A. 37¢ per$100 evaluation less 100 you don't have to pay the Emergency Service District. Q. Do I have to hook up to City Services immediately? A. If your home is within 200 feet of a city line, and is a platted lot, you are required to hook up. Unplatted parcels are exempt from this requirement. The primary advantage is the availability of City Services if well goes dry or septic systems fail. Q. When will the McNutt wastewater line be constructed? A. December- 2007 is the projected completion date to the Paloma Lake MUD. Q. Can I shoot dove? A. Only if you have a minimum of 10 acres. 153. SEPTEMBER 28, 2006 Q. Will my road be maintained by the city? A. All public roads will be maintained. Private roads will not. Q. Will annexation affect my agricultural exemption? A. No, unless you actually change your use. Mayor Maxwell opened the public hearing. The following individuals spoke on the proposed annexation. Bill Gordon, 9168 County Road 110, Georgetown Becky Madsen, 1200 N. County Road 122, Georgetown Janette Madsen, 1455 N. CR 122, Georgetown Jack Madsen, 1510 N. CR 122, Georgetown There being no further testimony, the public hearing was closed. 12.B.2. Consider public testimony regarding the unilateral annexation of the tract of land known as Crossley Crossing and Johnson Lane 56 acres more or less, located south of Forest Creek Drive north of the Rolling Ridge Subdivision east of the proposed Arterial A and west of Rusk Road. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. This is the second public hearing of the two required public hearings. This tract of land known as Crossley Crossing and Johnson Lane is 56 acres and is located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. The property on all sides of the tract is already in the city limits, with the exception of right-of-way along the • southwest corner. It is the city's desire to annex this tract in order to control the development of this area and to protect the existing single-family residential subdivisions abutting this tract to the north and south, and to protect the proposed single-family residential subdivision in between the Johnson Lane and Crossley Crossing portions of the tract. Mayor Maxwell opened the public hearing. Tom Zackary, 1286 Rusk Road spoke against the annexation of the Johnson Lane tract. Wendell Charott, 2211 Buena Vista Lane spoke on the proposed annexation. There being no further testimony, the public hearing was closed. ORDINANCES: 13.A.1. Consider an ordinance adopting of the 2006-2007 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, 2006, AND ENDING SEPTEMBER 30, 2007, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. '154 SEPTEMBER 28, 2006 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 13.A.2. Consider an ordinance adopting the 2006 property tax rate for the City of • Round Rock. (Second Reading) Cindy Demers, Finance Director made the staff presentation. Chapter 26 of the Property Tax Code requires taxing units to comply with truth in taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the roll back rate or effective tax rate, the taxing unit's governing body must hold two public hearings before adopting a tax rate. Information concerning the tax rate follows: 2006 (FY 20062007) Proposed Tax Rate $0.37105 2006 (FY 20062007) Effective.Tax Rate $0.35618 2005 (FY 20052006) Tax Rate $0.37105 The proposed tax rate of $0.37105 is required to balance the FY 2006-2007 Operating Budget. This rate is same tax rate adopted in 2005 (FY 2005-2006), and is $0.01487 above the 2006 (FY 20062007) effective tax rate. The proposed increase is due to the growth in operating costs and reduced sales tax reliance reflecting the City's operational and long- term financial plans. Public hearings were held on September 7, 2006 and September 14, • 2006. 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 2006. MOTION: Mayor Pro-tem McGraw moved that property taxes be increased by the adoption of a tax rate of 37.105 cents. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 13.A.3. Consider an ordinance approving the Amendment No. 1 to the FY 20052006 • Operating Budget. (First Reading) (Requires Two Readings) Cindy Demers, Finance Director made the staff presentation. This budget amendment allocates available cash from fiscal year 2005-2006 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. Designates additional funds collected in FY 2006. o 155 SEPTEMBER 28, 2006 ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2005-2006. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *13.A.4. Consider an ordinance adopting the 20062007 Hotel/Motel Occupancy Tax Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2006-2007. 13.A.5. Consider an ordinance adopting the Municipal Court Fund Budget for FY 20062007. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2006-2007 FISCAL YEAR. *13.A.6. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 20062007. (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 2006-2007. *13.A.7. Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 20062007. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND. ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT. AND ACQUISITION ACCOUNT FOR THE 2006-2007 FISCAL YEAR. • *13.A.8. Consider an ordinance adopting the Library Fund Budget for FY 2006- 2007. (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 2006-2007 FISCAL YEAR. *13.B.1. Consider an ordinance amending Section 9.503 school zones in the Code of Ordinances eliminating the school zone on Red Bud Lane in the vicinity of Forest Creek Drive. (Second Reading) This item was approved under the consent agenda. 15 6 SEPTEMBER 28, 2006 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ELIMINATING A PORTION OF RED BUD LANE IN THE VICINITY OF FOREST CREEK DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 13.C.1. Consider an ordinance annexing 2,562.02 acres of land, more or less, out of the E Evans Survey D. Curry Survey and the J. Powell Survey. (Also known as the Texas Crushed Stone /Georgetown Railroad Company / FM 1431 ROW / City of Round Rock Water • Treatment Plant Tract) (FIRST READING ONLY) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract of land known as the Texas Crushed Stone, Georgetown Railroad Company and FM 1431 ROW and City of Round Rock Water Treatment Plant Tract totals 2,562.02 acres located on both the north and south boundaries of FM 1431 and on the west side of Interstate 35. It is the city's desire to annex the tract in order to control the development of this area, to annex city property that is currently being used as a water plant and to protect the appearance of this northern gateway corridor into the city. The inclusion of the FM 1431 ROW, which is part of the City of Round Rock's Master Transportation Plan, will help provide consistent police and fire protection in that area. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND • CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: APPROXIMATELY 2,562.02 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 Honeycutt moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 13.C.2. Consider an ordinance amending the development standards related to the primary access drive of PUD 65 (Planned Unit Development) located at the southeast corner of University Boulevard and the IH35 frontage road. (Also known as Lot 2, Block A, East Chandler Retail Center) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This proposed amendment to the PUD will allow the primary access drive, which is a private drive, to be considered an alternative 157 SEPTEMBER 28, 2006 public access for the purposes of platting. This would allow lots to be created in the center of the property without having to resort to awkward and impractical "flag lots" in order to access IH35 or University Boulevard. The proposed amendment also stipulates certain conditions that have to be met in order for the private drive to be considered an alternative public access. The use of a PUD to permit a private drive as an alternative public access was allowed through a recent amendment to the Subdivision Ordinance. PUD 65 was adopted in.September of 2005 and will be developed as a shopping center wrapping around the IKEA store to the south and east. The Planning and Zoning Commission recommended approval of the proposed zoning at'their July 12, 2006, meeting. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO., Z-05-09-08-100, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON SEPTEMBER 8, 2005, BY AMENDING SECTION 13 OF PUD NO. 65, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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 Williamson • Mayor Maxwell Nays: None Absent: Councilmember Rhode 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 Councilmember's present and adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 13.D.1. Consider an ordinance amending Section 5.100, Fire Code, regarding enforcement of fire code violations. (First Reading) Howard Cruse, Battalion Chief made the • staff presentation. The Fire Prevention Inspectors are responsible for fire code enforcement. This ordinance will allow the Fire Prevention Inspectors to effectively issue citations for fire code violations and to cause the removal of vehicles blocking fire hydrants. When an inspector identifies fire code violations, the inspector informs the owner and/or occupant that the violations must be corrected, and gives a deadline for performing those corrections. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTION 5.100 BY ADDING SUBSECTION 5.105 REGARDING 158 SEPTEMBER 28, 2006 ENFORCEMENT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode 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 adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 14.A.1. Consider a resolution authorizing the Mayor to execute`a contract with BJI, Inc. dba BJ Electric for the installation of a backup generator and for IT upgrades at City Hall. Tom Word, Chief of Public Works Operations made the staff presentation. The backup generator will provide electricity in a power outage at City Hall for the main computer/ server room of the City. This would also provide electricity for lights for emergency exits and halls. Three bids were received and opened on September 19, 2006. BJ Electric provided the lowest bid. The Design Engineer and City Construction Manager reviewed the qualifications and recommended award of the bid to BJ Electric in the amount of $138,500.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of a backup generator and for IT upgrades at City Hall; and WHEREAS, BJI, Inc. dba BJ Electric has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of BJI, Inc. dba BJ Electric, Now Therefore • BE IT RESOLVED BY THE 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 BJI, Inc. dba BJ Electric for the installation of a backup generator and for IT upgrades at City Hall. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 2006. 159 SEPTEMBER 28, 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 Williamson Mayor Maxwell • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 14.B.1. Consider a resolution authorizing the Mayor to execute the Third Amendment of Agreements Among Customers with Brazos River Authority, City of Georgetown Jonah Water Special Utility District, Brushy Creek Municipal Utility District and Chisholm Trail Special Utility District. Jim Nuse, City Manager made the staff presentation. The amendment will allow the Brazos River Authority (BRA) to release our Lake Travis water. RESOLUTION NO. WHEREAS, the Brazos River Authority ("BRA") the City of Georgetown, the City of Round Rock ("City"), and the Jonah Water Supply Corporation (n/k/a Jonah Water Special Utility District) entered into the Williamson County Regional Raw Water Line Agreement (Base Agreement) on July 9, 1986, as amended by Amendment No. 1 dated January 9, 1997 and Amendment No. 2 dated March 23, 1998, and WHEREAS, Brushy Creek Municipal Utility District and Chisholm Trail Special Utility • District became Participants of the Base Agreement in October 1998 and March 1999, respectively, and WHEREAS, there have been multiple modifications made to the Base Agreement and in order to avoid ambiguity, BRA has prepared a document entitled Third Amendment of Agreements Among Customers, and WHEREAS, the City Council wishes to approve the Third Amendment of Agreements Among Customers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Third Amendment of Agreements Among Customers with Brazos River Authority, City of Georgetown, City of Round Rock, Jonah Water Special Utility District, Brushy Creek Municipal Utility District, and Chisholm Trail,Special Utility District, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 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 Council member Salinas Councilmember Williamson Mayor Maxwell -Nays: . None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 14.B.2. Consider a resolution accepting a Deed of Gift from McNeil Retail, Ltd. for reversionary interests in McNeil Park and authorizing the Mayor to execute same. Jim Nuse, City Manager made the staff presentation. This action will help the City gain the highest 160 SEPTEMBER 28, 2006 value for McNeil Park. Funds from the sale of the park will be used to improve Round Rock's Park System. When McNeil Park was donated to the City of Round Rock, the deed contained a reversionary clause. This provision stated that if the park is not used for parkland, it would revert back to Johnson &Johnson. When Endeavor purchased the Johnson &Johnson site (McNeil Laboratories), they bought those rights. Endeavor is gifting the parkland to the City in exchange for a 10% interest in the net proceeds from the sale of the property. • RESOLUTION NO. WHEREAS, McNeilab, Inc., formerly known as McNeil Laboratories, Inc., retained reversionary interests and rights to enforce all provisions relating to restrictions and covenants set forth inthe following deeds to McNeil Park, to wit: (i) Deed for Community Park dated October 8, 1979, and recorded in Volume 778, Page 330, (ii) Deed for Community Park dated December 17, 1981, and recorded in Volume 871, Page 369, and (iii) Warranty Deed dated December 16, 1981, recorded in Volume 871, Page 374; and WHEREAS, McNeil Retail, Ltd., purchased from McNeil Laboratories, Inc., and/or its successor in interest the above described reversionary interests and rights to enforce restrictions and covenants; and WHEREAS, McNeil Retail, Ltd., wishes to convey such above described reversionary interests and rights to enforce restrictions and covenants to the City of Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Deed of Gift from McNeil Retail, Ltd., a copy of which is attached hereto as Exhibit "A" is hereby accepted and the Mayor is authorized to execute same on behalf of the City. The City Council hereby finds and declares that written notice of-the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered-and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 28th day of September, 2006. MOTION: Councilmember Clifford 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 14.C.1. Consider a resolution authorizing the Mayor to execute a Standard Utility Agreement with the Texas Department of Transportation for the widening of FM 1460 from north of Old Settlers Boulevard to US 79. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. In order for the City to apply for reimbursement of eligible costs to adjust, remove and/or relocate a water line located along • FM 1460 from north of Old Settlers Boulevard. to US 79, the City must enter into a Standard Utility Agreement with the Texas Department of Transportation. A six (6) inch, eight (8) inch and 16 inch waterline and a 20 inch wastewater force main are in conflict with the widening of FM 1460 from north of Old Settlers Blvd. to US 79. A portion of the water lines is located in public utility easements, so the City is eligible for reimbursement of the 1" 161 SEPTEMBER 28, 2006 costs associated with adjusting, removing and/or relocating the water lines. The City could be eligible for reimbursement of up to 90% of allowable costs. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into a Standard Utility Agreement • ("Agreement") with the State of Texas, acting by and through the Texas Transportation Commission regarding the widening of FM 1460 from north of Old Settlers Blvd. to US 79, Now Therefore BE IT RESOLVED BY 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 28th day of September, 2006. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell • Nays: None Absent: Councilmember Rhode Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 14.C.2. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Program (TCIP). Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The TCIP is a multiyear 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 that support economic development. The TCIP is being amended for the following: 1. The TCIP is being amended to provide funding for Arterial "T" in the amount of $2,000,000. The funds are required to construct half of a divided 4-lane roadway. The proposed roadway is located between the Texas State University Campus and Seton Hospital from University Boulevard to 3,200 feet south of University Boulevard. 2. To provide additional funding for Red Bud Lane Phase 1 and Phase 2 in the amount of $48,000. The funds are required for additional temporary sedimentation control, safety end treatments for culverts, object markers, reflectors, and a driveway widening. The project limits are CR 123 to Gattis School Road. 3. To provide additional funding for Red Bud Lane Phase 3 in the amount of $340,000. The funds are required for engineering services including scheduling, 162 SEPTEMBER 28, 2006 construction administration and management and a storm sewer revision, asbestos abatement on the existing bridge and temporary railroad signals. The project limits are US 79 to CR 123. The total amount of the amendments is $2,388,000. 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 28th day of September, 2006. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 14.C.3. Consider a resolution authorizing the Mayor to execute an Interlocal Contract with Capital Area Rural Transportation System ("CARTS") for public transportation services in Round Rock. Thomas E. Word, Jr., Chief of Public Works Operations made the staff presentation. The Capital Area Rural Transportation System (CARTS) provide public transportation services in Round Rock. This contract will provide public transportation services for Fiscal Year 2006 - 2007. This contract will not exceed $301,000. Public Transportation provided by CARTS is the only transit option available in Round Rock and the majority of the riders are elderly and disabled persons. This service is funded by the City • and the Federal government. 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, 2006 through September 30, 2007, Now Therefore BE IT RESOLVED BY 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 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 163 SEPTEMBER 28, 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 28th day of September, 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 14.D.1. Consider a resolution approving the 2006-2007 Operating Budget for the Round Rock Transportation System Development Corporation. Cindy Demers, Finance Director made the staff presentation. This budget will provide funding for debt service and administrative, financial, legal and engineering services to the Transportation System Development Corporation. The budget is funded from a 1/2% sales.tax established for the purposes of providing transportation improvements. The Corporation oversees those improvements with the further approval of the City Council. A meeting of the Corporation • was held prior to this Council meeting and approved the proposed Operating Budget for the Corporation for FY 2006-2007. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation has submitted a proposed operating budget for fiscal year 2006-2007, 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 2006-2007, 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 28th day of September, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 14.D.2. Consider a resolution approving the funding of certain capital projects from the General Self Financed Construction Fund. Cindy Demers, Director of Finance made the staff presentation. This resolution approves a list of priority projects for the City's Self- 164 SEPTEMBER 28, 2006 financed Construction Fund. The list contains existing projects currently in progress and previously approved through prior year budget revision transfers as well as additional projects identified through this year's prioritization process. The additional projects will be funded with the amounts available from the FY 2006 transfer from the City's General Fund. RESOLUTION NO. WHEREAS, the City Staff and the City Council have studied and assessed the needs . of the City for certain capital projects, and WHEREAS, the City Council desires to prioritize and fund these needed capital projects from the Self-Financed Construction Fund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the list of capital projects along with their estimated costs as shown in Exhibit "A", attached hereto and incorporated herein, are approved for funding from the General Self-Financed Construction Fund. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *14.D.3. 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. The funding is for $2,400. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Bluebonnet Trails CMHMRC, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide public mental health services to adults with serious and persistent mental illness and/or serious emotional disturbances, and WHEREAS, the City Council desires to enter into a 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 28th day of September, 2006. *14.D.4. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Combined Community Action. This item was approved under the consent agenda. The funding is for $1,000. 165 SEPTEMBER 28, 2006 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 28th day of September, 2006. *14 D 5 Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Life Steps. This item was approved under the consent agenda. The funding is for $2,000. 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 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 2006. *14.D.6. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Capital Idea., This item was approved under the consent agenda. The funding is for $2,500. 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 Capital Idea, 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 assist Central Texas families out of poverty and into high- skilled job opportunities, 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 166 SEPTEMBER 28, 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 28th day of September, 2006. *14.D.7. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Literacy Council of Williamson County. This item was approved under the consent agenda. The funding is for $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, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide the resources and the programs necessary for individuals to achieve literacy, and WHEREAS, the City Council desires to enter into a 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 28th day of September, 2006. *14.D.8. 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. The funding is for $25,000. 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 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 28th day of September, 2006. *14.D.9. 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. The funding is for $7,500. 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 167 SEPTEMBER 28, 2006 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, 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 28th day of September, 2006. *14.D.10. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Habitat for Humanity. This item was approved under the consent agenda. The funding is for $2,500. 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 Habitat for Humanity, 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 affordable housing in the greater Round Rock area, 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 28th day of September, 2006. *14.D.11. 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. The funding is for $40,000. 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 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 166 SEPTEMBER 28, 2006 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 2006. *14.D.12. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with ARC of the Capital Area. This item was approved under the consent agenda. The funding is for $4,000 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 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 written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof.were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 2006. *14.D.13. 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. The funding is for $12,500. 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 28th day of September, 2006. • *14.D.14. 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. The funding is for $15,000. 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 YMCA of Greater Williamson County, a non-profit corporation ("Agency"), and SEPTEMBER 28, 2006 WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide a teen program, after-school activities for children in grades K through Fifth, summer day camp for children in grades K through Eighth, and child development center for children ages Two to Five, and WHEREAS, the City Council desires to enter into a 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 28th day of September, 2006. *14.D.15. 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. The funding is for $4,000. 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 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 28th day of September, 2006. *14.D.16. 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. The funding is for $25,000. 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 Williamson • County Crisis Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide comprehensive services to victims of family violence, sexual assault, and other violent crimes, and WHEREAS, the City Council desires to enter into a 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 170 SEPTEMBER 28, 2006 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of September, 2006. *14.D.17. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with STARRY. This item was approved under the consent agenda. The funding is for $2,500. 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 STARRY,-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 emergency shelter and foster care programs to children needing placement as a result of life-threatening abusive treatment or neglectful supervision, 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 28th day of September, 2006. APPOINTMENTS: • 15.A. Consider appointment of an alternate member to fill an unexpired term on the Historic Preservation Commission. Jerry Hodges was an alternate member of the Historic Preservation Commission but was appointed as a regular member at the August 24, 2006 Council meeting leaving the alternate position vacant. Rae Lynn Tipping submitted a letter of interest for the alternate position. This term will expire June 2887 AD09 CRm MOTION: Mayor Pro-tem McGraw moved to appoint Rae Lynn Tipping to the Historic Preservation Commission by acclamation. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 15.B. Consider one appointment to the Regional Animal Control Shelter Board of • Directors. The Council entered into an Interlocal Agreement with Williamson County, and the Cities of Cedar Park, Hutto, and Leander on August 10, 2006 for the Regional Animal Control Shelter. As a part of that agreement, Section II.(1.), "the governing body of each entity shall appoint a representative to the Board of Directors to conduct business and affairs of the Regional Shelter." In addition, the individual shall be a supervisor of the Police or other public safety department of the governmental agency responsible for dealing with 171 SEPTEMBER 28, 2006 animal control issues. Staff recommended that Lieutenant Bob Drawbaugh be appointed to the Board of Directors as Round Rock's representative for the Regional Animal Control Shelter. Lieutenant Drawbaugh has been with the City for fifteen years of which four of those years has served as the patrol lieutenant for the animal control unit. MOTION: Councilmember Honeycutt moved to appoint Lt. Bob Drawbaugh to the • Regional Animal Control Shelter Board of Directors by acclamation. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: 17.A. Executive Session as authorized by 8551.072 Government Code, related to the purchase of real property, to wit: 1) Kiphen Road riciht-of-way from GCLC, Ltd. (Parcel 2) • 2) Kiphen Road right-of-way from Northpark at Old Settlers, Ltd. (Parcel 3) and 3 Ki hen Road ri0t-of-way from Park Central Building Associates LP Parcel 4 The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Maxwell at 9:35 p.m. and adjourned at 10:20 p.m. back into regular session. ACTION RELATIVE TO EXECUTIVE SESSION: 18.A. Consider discussion and/or action related to the purchase of real property, to wit: 1) Kiphen Road right-of-way from GCLC, Ltd. (Parcel 2) 2 Kiphen Road right-of-way from Northpark at Old Settlers, Ltd. (Parcel 3) 3) Kiphen Road right-of-way from Park Central Building Associates, LP, (Parcel 4) This item was withdrawn from the agenda. ADJOURNMENT: • There being no further business, the meeting adjourned at 10:22 p.m. R s ectfully Submitted, Christine R. Martinez, City Secretary 172_ OCTOBER 12, 2006 The Round Rock City Council met in Work Session and Regular Session on Thursday, October 12, 2006 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:30 P.M. Mayor Maxwell called the session to order at 6:35 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 Assistant City Manager David Kautz and City Attorney Steve Sheets. City Manager Jim Nuse was absent. WORK SESSION: 3.A. Consider review and discussion of the 2007 Legislative agenda. David Kautz, Assistant City Manager made the staff presentation. With the upcoming Legislative Session in January, it is important for the City to review issues that need to be addressed during the session. Randy Cain, the City's lobbyist outlined some of the issues that may come up during the 2007 session. • Business Tax • School Finance • Education Reform • • Increase in funds for deteriorating parks • Electric deregulation • Transportation • Sales tax (1/2%) for commuter rail • Water management policies • Telecommunications • Appraisal Caps • Revenue Caps • Imminent domain for economic development • Annexation bills • County zoning • Streamline sales tax issue • Appropriations bill for second building of Round Rock Higher Education Center CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the Pledge of Allegiance. CITIZENS COMMUNICATIONS: None CONSENT AGENDA: • The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were pulled from the consent agenda. *8.A. Consider approval of the September 28, 2006 City Council meeting minutes. *10.B.1. Consider an ordinance approving the Amendment No. 1 to the FY 2005- 2006 Operating Budget. (Second Reading) 173 OCTOBER 12, 2006 *11.B.1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. *11.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for the purchase of Chlorine from AOC Welding Supply. *11.C.3. Consider a resolution authorizing the Mayor to execute an Agreement for • the purchase of Hydrofluosilicic Acid from NAPCO Chemical Company, Inc. *11 D 1 Consider a resolution authorizing the Mayor to execute a supplemental agreement extending a contract with Miller Uniform & Emblems Inc. for Police and Fire Department uniforms. MOTION: Councilmember Williamson 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: *8.A. Consider approval of the September 28, 2006 City Council meeting minutes. • This item was approved under the consent agenda. PRESENTATIONS: 9.A.1. Consider a presentation by the Chairman of the Historic Preservation Commission on the 2006 Local Legend Award. Joelle Jordan, Senior Planner introduced the Chairman of the Historic Preservation Commission. The Historic Preservation Commission of the City created the Local Legend Award in 1990 and announced the first recipients the following year. The Local Legend Award recognizes Round Rock citizens who have had a positive and lasting impact on the culture, development, and history of our community and who exemplify the very essence of Round Rock. Honorees have included both individuals and groups who have played an important, if not always prominent, role in the history of Round Rock. Mr. Gary Brown announced that the first 2006 Local Legend award goes to Thomas • C. Oatts (1815-1885). Mr. Oatts was born in Monticello, Kentucky on October 20, 1815. He immigrated to Texas in the late 1840's. The Brushy Creek Post Office, located on Chisholm Trail, was established in a section of Mr. Oatts store on May 27, 1851. However, in 1854, postal authorities asked Mr. Oatts to provide another name for the settlement because there was already a town in the State that called itself Brushy. Mr. Oatts decided to rename the town Round Rock in recognition of the large rock in the middle of Brushy Creek where he 174 OCTOBER 12, 2006 and Jacob Harrell spent time fishing. On August 24, 1854, the name of Round Rock was officially given to the community. The award was accepted by Nan Elizabeth Schaefer, the great, great granddaughter of Thomas C. Oatts. Mr. Brown announced that the next 2006 Local Legend award goes to the book Historical Round Rock Texas which was published in 1985 by Karen Thompson and Jane • DiGesualdo. In the early 1980's Karen Thompson started working on a book about the history of Round Rock after she had realized that there wasn't much in print about Round Rock's history. At the time Jane DiGesualdo was giving presentations in classrooms as part of school programs, and teachers would ask where they could get more materials. So the two began working on the book together. After hundreds of interviews, the book ended up being 583 pages and includes more than 400 photographs. Today, it is almost sold out of its second printing. This book is referred to often by local and history buffs wanting to learn more about the history of the City, and has itself become a local legend. The award was accepted by the authors, Karen Thompson and Jane DiGesualdo. 9.8.1. Consider a presentation concerning the City's Customer Service Awareness Day. David Kautz, Assistant City Manager made the staff presentation. On October 5, 2006, the Customer Service Team hosted an employee event to celebrate the efforts and • commitment of our employees in providing exemplary customer service. The event was a big success and we hope to have this type of employee appreciation once a year. Monique Adams and Cindy Fronk members of the Customer Service Team outlined the activities of the day. Mayor Pro-tem McGraw read the proclamation which opened the activities of the day. ORDINANCES: 10.A.1. Consider an ordinance changing the name of CR 122 to Red Bud Lane, north of US 79 to the city limits. (First Reading) Jim Stendebach, Planning Director made the staff presentation. CR 122 aligns with Red Bud Lane at the intersection of E. Palm Valley Boulevard. Once CR122 was annexed in April 2006, staff began the process to rename CR 122 to Red Bud Lane. The street name change furthers the City's efforts to maintain consistent street naming throughout Round Rock. On April 7, 2006, written notices were sent to the property owners of the land adjacent to the CR 122 right-of-way within the city limits. In addition, forms for their signature of approval or concerns regarding the name change were also sent. The process for renaming CR 122 to Red Bud Lane was completed on September 22, 2006, with the receipt of the required property owners' approval of the name change. ORDINANCE NO. 175 OCTOBER 12, 2006 AN ORDINANCE CHANGING THE NAME OF A PORTION OF COUNTY ROAD 122 FROM E. PALM VALLEY BOULEVARD TO KIPHEN ROAD, TO RED BUD LANE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND 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 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 Councilmember's present and 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. *10.B.1. Consider an ordinance approving the Amendment No. 1 to the FY 2005- • 2006 Operating Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE PROVIDING FOR AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2005-2006. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the Mayor to execute a Cost Participation Agreement with Dell USA L.P. for a drainage channel repair project. Councilmember Rhode disclosed that he would be abstaining from the discussion and vote on this item due to a conflict of interest and has filed the appropriate affidavit. Danny Halden, City Engineer made the staff presentation. In 1994/1995, the City managed a Texas Capital Fund Project that established public infrastructure around the • developing Dell campuses. This project included drainage channel improvements from Gattis School Road through Windy Park Subdivision up to the Dell property along the east side of Greenlawn Boulevard. In 1998, Dell developed the east campus and established a retention pond east of Buildings 7 & 8. This pond discharges into the south end of the channel. It appears that over time, water piping around the pond's outlet structure as well as the discharges over the pond spillway have undercut the concrete lining of the channel. Once the subgrade had eroded, it left an unsupported concrete channel lining. Subsequently, holes developed in various areas due to hydraulic forces, unsupported concrete weight, 176 OCTOBER 120 2006 expansion/contraction cracking, and/or other reasons. Upon inspection of the failed areas, it appears that much of the reinforcing steel had not been properly placed within the concrete. Dell has requested that the City participate in the channel repair by managing the contract for the repair and contributing to half of the costa The City's portion of the cost is estimated at $120,000.00. The Council asked if the engineering firm and contractor that performed the work on • the channel were contacted concerning the deterioration and whether a claim had been filed with the-contractor. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and Dell U.S.A. L.P. (`Dell") desire to construct drainage channel improvements on the Dell East Subdivision property and on property owned by Manville Water Supply Corporation ("Project"), and WHEREAS, the City and Dell have agreed to participate in the cost of design and construction of said Project, as set forth in a Cost Participation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Cost Participation Agreement with Dell U.S.A. 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 12th day of October, 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 Nays: None Abstain: Councilmember Rhode ACTION: The motion carried with 6 ayes and 1 abstention. 11.A.2. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Contractor where the Basis of Payment is a Stipulated Sum and a Post-Proposal Negotiated Amendment with Chasco Constructors for the construction of Fire Station No. 7. Tom Word, Chief of Public Works Operations made the staff presentation. The City received four proposals for the construction of Fire Station No. 7. A committee consisting of the Design Architect, City Construction Manager, City Project • Manager and two Fire Department members reviewed and graded the proposal. Chasco Constructors was selected as the number one proposal that will offer the best value for the City for the construction of Fire Station No. 7 at a cost is $1,687,328.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-06- 01-26-10F3 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of Fire Station #7 at 2811 Oakmont Drive, and 177 OCTOBER 12, 2006 WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Chasco Constructors 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, and wishes to enter into a "Post-Proposal Negotiated Amendment" with Chasco Constructors 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 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 and a "Post-Proposal Negotiated Amendment" with Chasco Constructors for construction of the Fire Station #7 at 2811 Oakmont Drive, copies of same being attached hereto as Exhibit"A" and Exhibit"B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of October, 2006. MOTION: Councilmember Salinas 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.B.1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "Issuer") is a home-rule City of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures in connection with acquiring certain vehicles and equipment (the "Property") prior to the issuance of obligations to finance the Property, and • WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives 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 $750,000 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) .178 OCTOBER 12, 2006 the date on which the property, with respect to which such expenditures were made, is placed in service. III. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. IV. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of October, 2006. 11.B.2. Consider a resolution granting authority to the Mayor to execute one or more electrical power purchase contracts 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 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) through its H-GAC Energy Purchasing Corporation, which has more than 240 Local Governments as members. The City's current contract with Constellation New Energy, Inc. expires on June 30, 2007. Current trends in the cost of natural gas are expected to improve within the next two to eight weeks and again in the early spring of 2007. The City's current contract was obtained through Cooperative Procurement with the Houston Galveston Area Council of Governments (HGAC). • 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 the Texas Legislature deregulated the purchase of electric power in the State of Texas, and WHEREAS, in order for the City to timely execute an electric power supply contract with a Retail Electric Provider (REP) to obtain the best price in the volatile energy market, this Resolution authorizes the Mayor to execute one or more power supply contracts during the current fiscal year 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: During the current fiscal year, the Mayor may execute, on behalf of the City, one or more contracts 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, considering the terms of the Houston Galveston Area Council of Governments ("HGAC") negotiated Contract; (iii) that the REP recommended by CGP Solutions was selected in a competitive process in which the recommended REP offers the "Best Value" Contract to the City when considering the following'factors: (a) price per KWH; (b) the amount, if'any, of premiums to be paid by the City for using either less or more electrical power than its historic demand data; and (c) ability to provide detailed, consolidated billing 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 179 OCTOBER 12, 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 12th day of October, 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. 11.13.3. Consider a resolution approving a Resolution of the Round Rock Transportation System Development Corporation With Respect to the Issuance of Senior Lien Sales Tax Revenue Refunding_Bonds Series 2006; Approving a Sales Tax Remittance Agreement and Other Matters Related to the Issuance of the Bonds. Cindy Demers, Finance Director made the staff presentation. In 2002, the Corporation issued $26 million in sales revenue bonds to finance a portion of the Transportation Capital Improvement Plan. The City has an opportunity to refinance approximately $11,570,000 of the Corporation's outstanding Series 2001 Senior Lien Bonds. These Bonds carry a weighted-average interest • rate of 5.45% and become callable in August of 2011. A recent rally in the tax exempt bond market combined with much-improved taxable short-term investment rates have produced the right set of circumstances to allow for an advance refunding of these bonds. Preliminary estimates show a total debt service reduction of over $550,000 or approximately $36,000/year for the years 2007-2021. These are senior lien bonds carrying interest rates between 3.9 and 5.5%. As of the current fiscal year, the Corporation has $22.6 million in outstanding principal. RESOLUTION NO. RESOLUTION APPROVING A RESOLUTION OF THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION WITH RESPECT TO THE ISSUANCE OF SENIOR LIEN SALES TAX REVENUE REFUNDING BONDS, SERIES 2006; APPROVING A SALES TAX REMITTANCE AGREEMENT AND OTHER MATTERS RELATED TO THE ISSUANCE OF THE BONDS. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Codncilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.C.1. Consider a resolution adopting the City of Round Rock's Water Conservation Plan. Tom Word, Chief of Public Works Operations made the staff presentation. This .180 OCTOBER 12, 2006 resolution is to adopt a Water Conservation Plan for the City and formalize through Council Action the City's Water Conservation Policy. The adoption of a Water Conservation Plan for the City is a requirement to close on the Texas Water Development Board $12,000,000 low interest loan. This loan will help fund the construction of the 2005 Raw Water Delivery System Improvement Project that has a total estimate cost of $13,500,000. In order to reach the full capacity of 48 mgd at the Water Treatment Plant and Lake Georgetown Raw • Water Intake Structure, this project will replace three existing 3.6 MGD pumps with new 7.2 MGD pumps, adding a motor control center and replacing approximately 20,000 linear feet of 30" CSC raw water line with 48" ductile iron (DI) water line. RESOLUTION NO. WHEREAS, the City's long-range water supply plan indicates that additional water supplies will be needed to satisfy the projected water demand, and WHEREAS, a Water Conservation Plan for the City of Round Rock ("Plan") has been developed by City Staff, and WHEREAS, the City Council wishes to adopt the Plan; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Water Conservation Plan for the City of Round Rock, 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 12th day of October, 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. *11.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for the purchase of Chlorine from AOC Welding Supply. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, AOC Welding Supply has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of AOC Welding Supply, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Chlorine (1 ton cylinders) from AOC Welding Supply, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution Was adopted was posted and that such meeting .was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. V 1 1 OCTOBER 12, 2006 RESOLVED this 12th day of October, 2006. *11.C.3. Consider a resolution authorizing the Mayor to execute an Agreement for the purchase of Hydrofluosilicic Acid from Napco Chemical Company, Inc. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, NAPCO Chemical Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of NAPCO Chemical 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 an Agreement for Purchase of Water Treatment Chemicals Hydrofluosilicic Acid From NAPCO Chemical Company, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of October, 2006. *11.D.1. Consider a resolution authorizing the Mayor to execute a supplemental agreement extending a contract with Miller Uniform & Emblems Inc. for Police and Fire Department uniforms. 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 Police and Fire Department Uniforms ("Agreement") from Miller Uniform & Emblems, Inc., and WHEREAS, Miller Uniform & Emblems, 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 Miller Uniform & 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 Supplemental Agreement No. 1 to the Agreement for Purchase of Police and Fire Department Uniforms with Miller Uniform & Emblems, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of October, 2006. 11.E.1. Consider a resolution authorizing the Mayor to execute an Amended and • Restated Consent Agreement with RSP Partners Development, L.P. for the creation of Siena Municipal Utility Districts 1 and 2. Jim Stendebach, Planning Director made the staff presentation. This resolution will amend the Consent Agreement approved by Council on September 22"d, 2005. The proposed Municipal Utility District (MUD) is located east of CR 110 in the far eastern portion of the City's extraterritorial jurisdiction. The developer has requested amendments to the Siena MUD Consent Agreement. The primary changes in the agreement are: 1. The LUE's provided to the MUD for Wastewater have increased from 2,353 to 3,975. 18- 2 OCTOBER 12,2006 2. The acreage has increased from 605.54 acres to 859.94 acres. 3. The Concept Plan has been amended to accomplish the following: a. Add 254.4 acres to the plan. b. Amend the internal street design. c. Provide access to new parcels. d. Utility locations have been adjusted to reflect changes in the Concept Plan. e. The developer agrees to extend the major waste water lines to the northern edge of his development within 24 months. This ensures the availability of lines for development in the SH 130 area. 4. Widening for CR 109 & 110 will be deeded to the City. This will permit annexation of these arterial roadways into the City. 5. The average single-family lot size has been reduced from 9057 square feet to 8545 square feet. 6. Detailed concept plans will be required for the additional 254.4 acres. These concept plans will require P&Z approval. The Planning &Zoning Commission approved the revised Concept Plan on May 3, 2006. RESOLUTION NO. WHEREAS, the City has previously entered into a Consent Agreement with Double J Investments, L.P., now RSP Partners Development, L.P., ("Developer") regarding the creation of two Municipal Utility Districts named Williamson County Municipal Utility District Nos. 19 and 20, now named Siena Municipal Utility District No. 1 and Siena Municipal Utility District No. 2, and WHEREAS, the City now desires to enter into an Amended and Restated 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 an Amended and Restated Consent Agreement with RSP Partners Development, 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 12th day of October, 2006. MOTION: Mayor Pro-tem McGraw 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. COUNCIL COMMENTS: The Council congratulated Police Captain Tim Ryle on his promotion to Assistant Chief of Police. EXECUTIVE SESSION: 13.A. Executive Session as authorized by X551.072 Government Code, related to • the purchase of real property, to wit: 1) Kiphen Road right-of-way from GCLC, Ltd. (Parcel 2) 2) Kiphen Road right-of-way from Northpark at Old Settlers, Ltd. (Parcel 3) 3) Kiphen Road right-of-way from Park Central Building Associates, LP (Parcel 4) The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 7:58 p.m. and adjourned the session at 8:14 p.m. The Council returned to the City Council Chamber to address the following item. 183 OCTOBER 12, 2006 ACTION RELATIVE TO EXECUTIVE SESSION: 14.A. Consider discussion and/or action related to the purchase of real property, to wit: 1) Kiphen Road right-of-way from GCLC, Ltd. (Parcel:2) 2) Kiphen Road right-of-way from Northpark at Old Settlers, Ltd. (Parcel 3) • .3) Kiphen Road right-of-way from Park Central Building Associates LP (Parcel 41 Steve Sheets outlined the Memorandum of Understanding as recommended by the City Manager concerning the Kiphen Road right-of-way. MOTION: Councilmember Rhode moved to approve the Memorandum of Understanding as recommended by the City Manager. 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. ADJOURNMENT: • There being no further business, the meeting adjourned at 8:16 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 184 OCTOBER 23, 2006 The Round. Rock City Council met in a Special Called Session on Monday, October 23, 2006 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO. ORDER - 7:30 A.M. Mayor Pro-tem McGraw 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 Pro-tem Alan McGraw, • Councilmember Carlos T..Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Mayor Nyle Maxwell, Councilmember Rufus Honeycutt, and Councilmember Joe Clifford were absent. Also present were City Manager Jim Nuse, City Attorney Steve Sheets, Jim Stendebach, Planning Director, Tom Martin, Transportation Director, Bryan Williams, Chief of Police, Tim Ryle, Assistant Chief of Police, Michael Thane, Engineer, and Nancy Yawn, Convention and Visitors Bureau Director. ORDINANCES: 3.A.I. Consider an ordinance regarding the unilateral annexation of the tract of land known as Burge-Gordon-Madsen et al., a total of 270 acres located east of the western edge of CR 122 west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake MUD. (First Reading) Jim Stendebach, • Planning and Community Development Director made the staff presentation. He explained why a Special Called Session was necessary for the Council to address the first reading of this ordinance. He added that the second reading of this ordinance will be addressed during the Council's regular session on Thursday, October 26, 2006. This tract of land is known as Burge-Gordon-Madsen et al. and totals 270 acres, more or less. The tract is located east of the western edge of CR122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake Municipal Utility District. It is the city's desire to annex this tract 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. All the statutory requirements of the Texas Local Government Code have been completed. ORDINANCE NO. AN ORDINANCE ANNEXING ,CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND • CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 270 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 IF EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEAING CONFLICTING ORDINANCES OR RESOLUTIONS. 185 OCTOBER 23, 2006 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Councilmember Honeycutt Councilmember Clifford Mayor Maxwell ACTION: The motion carried unanimously. 3.A.2. Consider an ordinance regarding the unilateral annexation of two tracts of land known as Crossley Crossing and Johnson Lane, 56 acres located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract of land is known as Crossley Crossing and Johnson Lane and totals 56 acres, more or less. This tract is located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. The tracts of land on all sides of this tract are already within the city limits, with the exception of right-of-way along the southwest corner. It is the city's desire to annex this tract in order to control the development of this area and to protect the existing • single-family residential subdivisions abutting this tract to the north and south, and to protect the proposed single-family residential subdivision in between the Johnson Lane and Crossley Crossing portions of the tract. All of the statutory requirements of the Texas Local Government Code have been followed and completed. The second reading of the ordinance will be addressed on Thursday, October 26, 2006. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 56 ACRES DESCRIBED IN EXHIBIT W, 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 IF EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEAING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Williamson moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Councilmember Honeycutt Councilmember Clifford Mayor Maxwell ACTION: The motion carried unanimously. 186 OCTOBER 23, 2006 STAFF BRIEFING: 4.A. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for the October 26, 2006 City Council meeting. Mayor Pro-tem McGraw outlined the Council agenda for October 26, 2006 pausing for Council's questions. Staff addressed the following items from the agenda. Item 11B1 - Jim Stendebach explained this public hearing is for the rezoning for the 17.889 acres located at the intersection of Hester's Crossing and La Frontera Boulevard. Item 11B2 - Jim Stendebach explained this public hearing is for the rezoning 9.04 acres located south of Hester's Crossing between La Frontera Boulevard and Kouri Avenue will add approximately 240 apartments to this area. Item 11B3 - Jim Stendebach explained this public hearing concerns the proposed amendments to the General Plan regarding the third phase to the Northeast Plan. Item 12B1 - Jim Stendebach explained that this ordinance concerns the adoption of the 2006-2007 Community Block Grant Budget. Item 13A1 - Nancy Yawn explained that this resolution will extend the contract with Arsenal Brand for the Convention and Visitors Bureau marketing and public relations program. Item 13C1 - Tom Martin explained that this resolution approves a contract with Excel Construction for the Westinghouse Tank Rehabilitation Project. Item 13D1 - Tom Martin explained that this resolution approves a contract with Austin Traffic Signal Construction for the installation of a traffic signal on McNeil Road and Oakridge Drive. Item 13G1 - Steve Sheets explained that this is a housekeeping item. The name of Williamson County Municipal Utility District 19 and 20 is being changed to Siena Municipal Utility District No. 1 and 2. PRESENTATIONS: 5.A. Consider presentation and discussion of the Strategic Calendar. Monique Adams, Executive Administrative Assistant to the City Manager outlined the upcoming items for November and the remaining items for October. ADJOURNMENT: There being no further business, the meeting adjourned at 8:00 a.m. R ectfully Submitted, Christine R. Martinez, City Secretary 187- OCTOBER 26, 2006 The Round Rock City Council met Regular Session on Thursday, October 26, 2006, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:30 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, • Councilmember Scott Rhode, and Councilmember Ted Williamson. Mayor Pro-tem Alan McGraw arrived during the work session. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. PRESENTATION: 3.A. Consider a presentation regarding the City's Health Insurance Plan. Teresa Bledsoe, Human Resources Director made the staff presentation. She provided the following information. The"Good News • Claims are under budget projections • Primary drivers - Improved network performance - Decrease in catastrophic claim activity • Results are credible enough to justify a budget decrease for FY 06/07 • Savings of approximately $1.5 million Summary of Second Quarter Financial Review - Differences • Covered Employees 55 • Covered Lives 107 • Medical Claims Paid $1,186,222 • RX Claims $271,423 • Visions Claims $36,570 • Dental Claims $60,564 Funding Rate Comparison • Included all claims cost and Administrative Fees Insured vs. Self-Insured Comparison • Insured - Predictable Cost more important than best value - Pattern unstable - Claims - willing to comply with all state coverage mandates - Willing to pay higher administrative costs • Self-insured - Adequate size and cash - Desire to have more control Interested in best long-term value than near predictability • Plan Design Cost Comparisons Proposed Health Strategy Initiatives - Wellness Intensity - Health Risk Assessment Program (HRA) Appropriate "destination" of a Wellness Plan • Increase in healthy habits in the population in total • Decrease in risk factors for at-risk participants • Reduction in clinical risk and claims through lifestyle risk changes Compliance and Intervention Goals _ 1 .88 OCTOBER 26, 2006 Goal # 1 - Reach 90% Health Risk Assessment participation of covered employees and spouses Goal # 2 - Increase employee awareness of biometric results and risks Summary Recommendations • Council's support of the implementation of the HRA Program • Provide incentive to employee who participates in program • Maintain a self-funded status • Negotiate and potentially bid the stop loss renewal from Aetna Allow the Aetna network claims to "mature" before considering an insured arrangement to increase claims credibility and market leverage • Use collective date from HRA summary to plan wellness program target and goals in 2008 Dr. Joel Good outlined the importance of a Health Risk Assessment. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:20 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledge of Allegiance. 5.A. United States Flag 5.B. Texas State Flag CITIZENS COMMUNICATIONS: The following individuals spoke on the Johnson Lane annexation. Linday Nelley, 1350 Rusk Road Tom Zachary, 1286 Rusk Road • Lillian Simmons, 2008 Frontier Trail asked the Council to adopt a resolution repealing HB3588 which authorizes the Trans-Texas Corridor. In addition, the removal of all authorization and powers granted the Texas Transportation Commission and the Texas Department of Transportation for the construction and operation of the Trans-Texas Corridor. PROCLAMATIONS: 7.A. Consider proclaiming October as Down Syndrome Awareness Month. Mayor Maxwell read the following proclamation and presented it to Sandy O'Donnell and Brennan O'Donnell. WHEREAS Down Syndrome is the most commonly occurring chromosomal abnormality with approximately one in every 733 babies born with Down Syndrome, representing approximately 5,000 births per year in the United States; and WHEREAS, individuals with Down Syndrome are active citizens who contribute much to the overall quality of life in our community; and WHEREAS, greater public awareness and acceptance of those with Down Syndrome • will increase their access to education, employment, housing, social, and recreational opportunities; and WHEREAS, it is the desire of our community to create a place where all people can explore and develop their varied abilities, enjoy productive work, and contribute by meaningful participation to the vitality of the community, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock; Texas, do hereby proclaim the month of October as "DOWN SYNDROME AWARENESS MONTH" in the City of Round Rock and encourage all citizens to promote positive awareness and greater opportunities for persons with Down Syndrome and further challenge the citizens of our community to look beyond disabilities, and instead focus on abilities. PROCLAIMED this 26th day of October 2006. 189 OCTOBER 26, 2006 7.B. Consider proclaiming October 23 through October 27, 2006 as Red Ribbon Week. Mayor Maxwell read the following proclamation and presented it to Randy Ritchie of Con-Way Freight and students from Great Oaks Elementary School and Cedar Valley Middle School. WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to promote unified prevention and education efforts directed toward both youth and adult age groups to encourage a drug-free lifestyle;.and WHEREAS, Red Ribbon Week promotes family and individual responsibilities for living healthy, drug-free lifestyles, without illegal drugs and calls on all individuals to show their support by wearing a red ribbon and participating in drug-free activities; and WHEREAS, the red ribbon was chosen as a symbol commemorating the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent, who was murdered in the line of duty and has come to represent the belief that one person can make a difference, and WHEREAS, Round Rock realizes that the support of the community as a whole, and most importantly the schools, is the most effective tool we can have in our efforts to reduce use of alcohol, tobacco, and other drugs; and WHEREAS, it is the goal of Red Ribbon Week to involve the community in all aspects of this campaign and establish an atmosphere that supports awareness, education, and on- going prevention initiatives, and NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim October 23rd-27th, 2006 as "RED RIBBON WEEK" in the City of Round Rock and encourage all families, schools, businesses, public and private agencies, religious institutions, law enforcement agencies, and service organizations to display red ribbons and participate in drug-free activities to promote the Red Ribbon Campaign. PROCLAIMED this 26th day of October, 2006. CONSENT AGENDA: • The following item was considered routine by the City Council and was enacted by one motion. There was no separate discussion on the item and it was not removed from the consent agenda. *9.A. Consider approval of the October 12, 2006 minutes. MOTION: Councilmember Honeycutt moved to approve the item 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 was out of the room when the vote was taken. ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *9.A.Consider approval of the October 12, 2006 minutes. This item was approved under the consent agenda. PRESENTATIONS: 10.A.1. Consider a presentation regarding the opening of State Highway 45. Tom Word, Chief of Public Works Operations made the staff presentation. He outlined the maps of the toll roads and gave an update on how the newly opened SH 45 toll road can be accessed. He also outlined the following information. .190 OCTOBER 26, 2006 Timeline of Events • Ramp Closures Begin October 23rd • Toll Roads Open October 31st • Tolls Free in November and December • Cash Customers Pay Tolls in January • Tolls Waived for TxTag Customers Only in January • TxTag Customers Pay Half-Price Tolls in February • Regular Tolls Begin with the 10% Discount for TxTag Users in March Prices • SH 130 Main Lane Toll Plaza - $1.50 (only one in Pflugerville at Pecan opening at this time) • SH 45 Main Lane Toll Plaza - $.75 • Tolled Exit and Entry Ramps - $.50 (Exit Ramp at Schultz Lane will be $.75) In addition, Mr. Word explained that TxTags are windshield stickers with a tiny transponder that allow you to drive toll roads without stopping at booths. Customers using TxTags pay 10 percent less than cash customers. 10.B.1. Consider a presentation regarding water and wastewater Utility Billing policies and programs. Cindy Demers, Finance Director made the staff presentation. She outlined the following information concerning the policies and programs regarding the water and wastewater Utility Billing department. Utility Billing Policies • • Approved September 2005 • Rationale for changes - Update fees to recover costs - Streamline fees and rates - Bring fees in line with other cities - Outdated policies creating excessive workload - Minimize overtime costs Meter Deposits • New service meter deposits streamlined to $100 for residential; refundable after one year of good credit. • Results of changes: - Streamlined structure which is easier for customers and staff to understand and implement - Deposit typically now covers at least one month of service - Accounts sent to collection agency as a % of total customers decreased from 5% in 2005 to 4% in 2006 - Created substantial # of refunds for certain types of accounts Payment and Services • Added 4 days additional payment time before meter cut off • Removed ability to pay service representative at the door • • Allowed for same day and after hours services for a fee • Results of changes: Total number of accounts identified for cutoff during the year decreased from 7,050 in FY 2005 to 4,9781n FY 2006 Total number of collections in the field during the year decreased from 1,613 in FY 2005 to 9 in FY 2006 (0 since November 2005) - Able to redirect staff to other service areas including reducing number of cuts not worked and requested same day service On-line and Interactive Voice Response (IVR) Payments • On-line option implemented June 2006 • IVR option implemented August 2006 • Total payments since implementing - 2,944 191. OCTOBER 26, 2006 • July - 783; September - 1,097 payments • Represents about 4% of customers Customer Payment Options • Payment Provider (customer choice) • City Direct Debit Program (automatic bank draft, no charge) ) • On-line (credit card or check, convenience fee) • Telephone (IVR) - (credit card only, convenience fee) Mail (check only) • City Hall - Walk-In and Drive-Through (cash, credit card, check) Friendly Rock • Provides ability for utility customers to contribute funds to customers having difficulty making municipal utility payments • Program administered by the Round Rock Serving Center • Historically, participation ranged between 90-100 customers signing up to donate through their monthly bill • City Council requested that staff look at ways to encourage and enhance participation in the program Friendly Rock Program Changes Enhanced participation options: Continue to sign up for monthly donation added to bill Make one time contribution • Redesigned logo and utility bill • Video segment on City Focus • City Newsflash feature • Information on City website • Additional promotion during upcoming holiday season Friendly Rock Participation • September 2005 - 89 customers donating monthly • September 2006 = 130 customers donating monthly - 46% increase • In addition, since March 2006 - 92 one-time contributions were received Mayor Maxwell asked staff to investigate some type of program that allows for the rounding up of each water bill and the extra money would go to the Friendly...Rock. 10.B.2. Consider a presentation by Black & Veatch regarding the Water and Wastewater.Rate Design.Study. Cindy Demers, Finance Director made the staff presentation. The consulting firm of Black & Veatch updated the water and wastewater utility rate model first presented in 2003. She introduced Richard Campbell who presented the study findings and recommendations to the Water and Wastewater Rate Model. Mr. Campbell outlined the following information. Goals and Obiectives • Collect data and review existing rates • Identify and evaluate alternative rate structures • Develop a ten-year financial plan for revenues and revenue requirements • Determination of customer classes • Allocate costs of service to customer classes • Design rates and determine impacts to customers Revenue Sufficiency and Cost of Service Analysis • Review fiscal requirements to identify user rate revenue needs • Review customers and usage characteristics • Identify and review other material sources of revenues • Evaluate ability of existing user rates to generate sufficient revenues and identify necessary adjustments, if applicable. • Evaluate equitability of user rates among customer classes. :192 OCTOBER 26, 2006 Mr. Campbell outlined the following charts. Combined Operating Cash Flow 2007-2011 - With No Rate Increases • Retail Rate Adjustments • Typical Monthly Bill - Water and Wastewater YP Y • Typical Bill Comparison • Graphical Bill Comparison • 2003 vs. 2006 Comparison - Rate Adjustments 2003 vs. 2006 Comparison • Why have rates changed? - Increase in projected capital improvement expenses - Increase in projected operation and maintenance expenses - Debt payments increased due to the two large debt issues in 2008 and 2009 Review Wholesale Rates • Current wholesale rates generate sufficient revenues • Recommend review of individual wholesale contracts and rate structures Rate Structures • Uniform Block - Constant unit price for all usage by class • Declining Block - Price of usage decreases as consumption increases • Increasing Block - Price of usage increases as consumption increases • Seasonal - Rate that varies by time period based on peak demands Increasing Block Structure (Has not been imbedded) • Also known as ascending, inclining, or inverted • Conservation-oriented price signal • Requires consideration for elasticities of demand and changing weather conditions • Block parameters derived based on customer usage patterns and goals of the community Summary • Sufficient revenues generated to meet fiscal requirements over 10-year planning period • Positive fund balance and debt service coverage,over 135% • Equitable allocations of cost between and among customer classes • Recommended consideration-of increasing block structure to promote conservation • Recommend review of individual wholesale rate structures and contracts PUBLIC HEARINGS: 11.A.1. Consider public testimony concerning proposed amendments to the Wastewater rates. Cindy Demers, Finance Director made the staff presentation. The City is currently in the process of updating its comprehensive water and wastewater utility rate model with the consulting firm of Black &Veatch. This updates the rate model provided in 2003, which indicated the need for a multi-year approach to utility rate adjustments. The results of the updated study indicated that the City should continue with its scheduled rate increases to fund future Capital Improvement projects. Increased operating costs and anticipated debt issuances associated with a $200 million utility capital improvement program continue to be the primary causes of the rate considerations. The proposed rate increase for January 2007 will affect only the wastewater components of the utility bill and is estimated to increase the average residential bill by approximately 3%. Ms. Demers outlined the proposed wastewater monthly charge by meter size, the proposed wastewater volume charge, and an average residential bill comparison. 193 OCTOBER 26, 2006 Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 11.8.1. Consider public testimony regarding the application filed by Koontz/ McCombs 1, Ltd., to rezone 17.889 acres located at the intersection of Hester's Crossing Road and La Frontera Boulevard, from PUD 39 (Planned Unit Development) to PUD 69 (Planned Unit Development). This item was withdrawn from the agenda at the request of the developer. 11.B.2. Consider public testimony regarding the application filed by 35/45 La Frontera, L.P., to rezone 9.04 acres located south of Hester's Crossing Road between La Frontera Boulevard and Kouri Avenue, from PUD 39 (Planned Unit Development) to PUD 70 (Planned Unit Development). This item was withdrawn from the agenda at the request of the developer. 11.13.3. Consider public testimony regarding proposed amendments to the General Plan to modify the Future Land Use Map with regard to the area north of Brushy Creek, west of CR 110, south of Round Rock's extraterritorial iurisdiction boundary with Georgetown and east of FM 1460. Jim Stendebach, Planning and Community Development Director made the staff presentation. The Future Land Use Map of the General Plan serves as the principal guiding document in determining the appropriateness of zoning designations for property that is annexed into the City and for property under consideration for zoning changes, it is imperative that it accurately reflect the current goals and objectives of the City and that it account for changing market conditions. In order to ensure the appropriateness of the land use designations of the Future Land Use Map, the City periodically amends the plan based on a review of changing conditions in different areas of the City and its extraterritorial jurisdiction (ETI). Staff has been in the process of amending the map with respect to northeast Round Rock for the past year. These changes have been done in phases, with the first phase completed in August of last year, and the second phase completed in December and now Phase 3, which covers the area from FM 1460 east to CR 110. The primary change is the inclusion of the Mixed Land Use designation in the area east of Texas State University and an area along Brushy Creek south of the Dell Diamond. The Mixed Land Use designation provides for a higher intensity mix of compatible commercial, office and multifamily uses. The recommended changes account for a number of factors, including changing market conditions, transportation improvements, utility improvements, existing drainage ways and property owner input. On September 20, 2006, 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 3 of the Northeast Plan. 194 OCTOBER 26, 2006 Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 12.A.1. Consider an ordinance amending the Wastewater rates. (First Reading) (Reauires two readings) Cindy Demers, Finance Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WASTEWATER UTILITY RATES; 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.A.2. Consider an ordinance amending Chapter 10, Section, 10.201.16, of the Code regarding water and sewer connection and transfer fees. (First Reading) (Requires two readings) Cindy Demers, Finance Director made the staff presentation. In September 2005, the City Council adopted updated ordinances regarding the City's utility billing policies. The section related to same day service requests for new water service was updated, however, it needs to be further clarified to indicate that a fee will be charged if a customer requests same day service for a new connection regardless of the time of day the new service is connected. This is the only recommended change made to the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.201, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND SEWER SERVICE CONNECTION AND TRANSFER FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved 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. 12.A.3. Consider an ordinance approving and adopting the Law Enforcement Fund Budget for FY 2006-2007. (First Reading) (Requires two readings) Tim Ryle, Assistant Chief OCTOBER 26, 2006 195 of Police made the staff presentation. Each year, the city budgets the funds the police department receives through asset forfeiture proceedings, which ware held in a Law Enforcement Fund. This year, the Department plans to purchase a variety of capital equipment items. The asset forfeiture program was created by the federal government and later adopted by states as a tool to combat the benefactors for crime by seizing the • proceeds and tools for their criminal enterprises. This program targets property, monies, and holdings gained through the commission of state or federal felonies or used in the commission of those felonies. The city participates in sharing programs with several federal law enforcement agencies and the District Attorney's office. This is a routine annual budget item. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2006-2007 FISCAL YEAR. MOTION: Councilmember Williamson 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. 12.B.1. Consider an ordinance adopting the 2006-2007 Community Development Block Grant budget. (First Reading) (Requires two readings) Jim Stendebach, Planning Director made the staff presentation. This money will be used for Community Development block Grant activities approved in the Third Program Year Action Plan that was adopted by Resolution R-06-08-10-10D1. The programs that will be funded in fiscal year 2006-2007 are Public Services (15%); Public Facilities (2%); Owner Occupied Rehabilitation (62%); Administration (20%). The requirements for public hearings were met during the development of the Third Program Year Action Plan. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2006-2007 FISCAL YEAR. • 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. 196. OCTOBER 26, 2006 12.B.2. Consider an ordinance regarding the unilateral annexation of the tract of land known as Burge-Gordon-Madsen et al., a total of 270 acres located east of the western edge of CR 122 west of McNutt Creek north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake MUD. (Second Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The tract of land known as Burge-Gordon-Madsen et al. is a total of 270 acres, more or less, located • east of the western edge of CR122, west of McNutt Creek, north of the Pioneer Crossing Subdivision and south of the southern boundary of the Paloma Lake Mud. The statutory requirements of the Texas Local Government Code were followed and completed. Mayor Pro-tem McGraw explained the difficulty the Council had in making the decision regarding the annexation of this tract and the factors they had to be taken into account. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 270 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 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. 12.B.3. Consider an ordinance regarding the unilateral annexation of two tracts of land known as Crossley Crossing and Johnson Lane, 56 acres located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. (Second Reading) Jim Stendebach, Planning and Community Development • Director made the staff presentation. The tract of land known as Crossley Crossing and Johnson Lane is 56 acres, more or less, located south of Forest Creek Drive, north of the Rolling Ridge Subdivision, east of the proposed Arterial A, and west of Rusk Road. Land on all sides of the tract is already within the city limits, with the exception of right-of-way along the southwest corner. It is the city's desire to annex this tract in order to control the development of this area and to protect the existing single-family residential subdivisions 197 OCTOBER 26, 2006 abutting this tract to the north and south, and to protect the proposed single-family residential subdivision in between the Johnson Lane and Crossley Crossing portions of the tract. The statutory requirements of the Texas Local Government Code were followed and completed. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 56 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 Clifford moved 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. 12.B.4. Consider an ordinance rezoning 17.889 acres located at the intersection of Hester's Crossing Road and La Frontera Boulevard, from PUD 39 (Planned Unit Development) to PUD 69 (Planned Unit Development). (First Reading) This item was withdrawn from the agenda at the request of the developer. 12.8.5. Consider an ordinance rezoning 9.04 acres located south of Hester's Crossing Road between La Frontera Boulevard and Kouri Avenue from PUD 39 (Planned Unit Development) to PUD 70 (Planned Unit Development). (First Reading) This item was withdrawn from the agenda at the request of the developer. 12.6.6. Consider an ordinance amending the General Plan to modify the Future Land Use Map with regard to the area north of Brushy Creek, west of CR 110, south of Round Rock's extraterritorial jurisdiction boundary with Georgetown and east of FM 1460. (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 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 Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. -198 OCTOBER 26, 2006 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 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 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. 12.13.7. Consider an ordinance amending the Northeast Plan to include Phase 3. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. Staff recommended a number of changes to the future land use designations for northeast Round Rock. This document will amend the Northeast Plan to include the chapter providing the rationale behind the third phase of changes. On September 20 2006 the Planning and Zoning Commission unanimously rendered a i P � 9 favorable recommendation to amend the Future Land Use Map of the General Plan as proposed in. Phase 3 of the Northeast Plan. ORDINANCE NO. AN ORDINANCE AMENDING THE "NORTHEAST PLAN" FOR THE CITY OF ROUND ROCK ADOPTED AUGUST 25, 2005, ORDINANCE NO. G-05-M-25-12C2 TO ADD PHASE 3 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.Salinas moved 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. 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 " 199 OCTOBER 26, 2006 Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS 13.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. The Convention and Visitors Bureau is 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. Arsenal Brand, L.P. was the marketing/public relations firm last year. This year the staff recommended utilizing the services of the same firm. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Professional Consulting Services with Arsenal Brand, L.P. for the Convention and Visitors Bureau marketing and public relations program ("Agreement"), and WHEREAS, Arsenal Brand, L.P. 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 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 Supplemental Agreement No. 1 to the Agreement for Professional Consulting Services 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 26th day of October, 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. 13.B.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. This year, the only 200 OCTOBER 26, 2006 changes are related to broker/dealers the City uses to competitively bid the City's 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 26th day of October, 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. 13.C.1. Consider a resolution authorizing the Mayor to execute a construction contract with Excel Construction Services LLC for the Westinghouse Tank Rehabilitation Project. Tom Word, Chief of Public Works Operations made the staff presentation. The City's Westinghouse Road 100,000 gallon water tank has become unstable and developed a tilt to the East. The city must rehabilitate the ground storage tank, correct the foundation problem and replace the two ground water well pumps at the Westinghouse Tank site. This work will bring the site up to TCEQ standards and optimize the working condition and output of this groundwater producing site. The 2 well pumps and motors will be replaced and the tank will be re-leveled and painted inside and out. Three bids were received and opened on October 10th. Based on the review of the bids by staff and CDM Engineering, Inc., staff recommended awarding the project to Excel Construction Services at a cost of $540,000. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Westinghouse Tank Rehabilitation Project, and WHEREAS, Excel Construction Services, LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Excel Construction Services, 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 Excel Construction Services, LLC for the Westinghouse Tank Rehabilitation Project. 2 O 1. OCTOBER 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 October, 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. 13.D.1. Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal Construction Co. L.P. for the installation of a traffic signal on McNeil Road and Oakridge Drive. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. After warrant studies were completed, reviewed and approved, the signal at McNeil Road and Oak Ridge Drive was put out for bid on August 22, 2006. Austin Traffic was the only bidder. The City's consultant, Alliance Transportation Group reviewed the bid and determined that the prices were consistent with similar type of projects awarded b TxDOT and surrounding entities. Based on review of the bid b the P J Y 9 Y staff and the engineer, it was recommended that the bid be awarded.to Austin Traffic Signal at a cost of $129,955.50. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Traffic Signal Construction at McNeil and Oakridge, and WHEREAS, while only one bid was received from Austin Traffic Signal Construction Co., L.P., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal Construction Co., 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 Austin Traffic Signal Construction Co., L.P. for the Traffic Signal Construction at McNeil and Oakridge. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter,hereof 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 October, 2006. 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 Councilmember Williamson Mayor Maxwell Nays: None 202 OCTOBER 26, 2006 ACTION: The motion carried unanimously. 13.E.1. Consider a resolution authorizing the Mayor to execute a Funding Approval/ Agreement with the U.S. Department of Housing and Urban Development for Community Development Block Grant Funds for Program Year 2006-2007. Jim Stendebach, Planning Director made the staff presentation. These documents constitute the contract between the Department of Housing and Urban Development and the City of Round Rock for use of Community Development Block Grant Funds. This agreement must be signed and returned to the Department of Housing and Urban Development within 60 days of September 8, 2006. All activities approved in the 2006-2007 Third Year Action Plan (R-06-08-10-10D1) will be funded with money authorized in this agreement. Requirements for public hearings were met during the development of the Third Program Year Action Plan. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Program, and WHEREAS, the City Council wishes to make application for the available grant funds for specific projects and activities identified in the 2006-2007 Third-Program Year Action Plan that was adopted by the City Council on August 10, 2006, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Approval/Agreement with HUD for the 'above-described grant, a copy of said Approval/Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of October, 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.F.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. Dale Ricklefs, Library Director made the staff presentation. For the past five years, the library has received a grant from the Texas State Library, usually in the $10,000 range. A plan will be submitted to the Texas State Library for those funds in October. No match from the City is required. The funds will be used to renovate the Library Meeting Room D for teens. Purchases include a staff desk; furniture such as couches, tables, and chairs; new tile for the floor; and laptop computers. This funding for renovation will give teens their own enclosed space in the library. Benefits include providing a safe and inviting place for teens 20 -3 OCTOBER 26, 2006 to do homework, gather with other teens, and to read for pleasure. This space will also be used for the smaller teen gatherings like the Teen Advisory Board, Teen Book Club meetings, and craft nights. 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 26th day of October, 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. 13.G.1. Consider a resolution-consenting to the amended petition for the creation of Siena Municipal Utility District No.'s 1 and 2 within the City's extraterritorial jurisdiction. Steve Sheets, City Attorney made the staff presentation. This is a "housekeeping" action to adopt a new consent resolution to reflect the change in names of the MUD's as well as the number of acres within the MUD's. RESOLUTION NO. WHEREAS, the City of Round Rock has received Petitions for Consent to the Creation of Municipal Utility Districts, proposed to be known as Williamson County Municipal Utility Districts No. 19 and Williamson County Municipal Utility District No. 20 located upon 605.54 acres, each located in the City's extraterritorial jurisdiction, copies of which petitions are attached as Exhibit 1; WHEREAS, the City granted consent to the creation of the Districts on September 22, 2005; WHEREAS, the petitioners and the City desire to amend and restate the Consent Agreement for the creation of the Districts; WHEREAS, the petitioners have requested the City acknowledge a change to the names of the proposed districts and to amend the name of the entity which will develop the land within the District; WHEREAS, the petitioners desire to include additional acreage in each of the Districts and the City is willing to include such additional acreage and have submitted amended petitions attached as Exhibit 2; 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, Section 1. That the City Council of the City of Round Rock, Texas, reaffirms its written consent to the creation of two municipal utility districts, proposed to be known as Siena Municipal Utility District No. 1 and Siena Municipal Utility District No. 2 on 859.94 acres of land ("Land"), as described in the attached petitions. _204 OCTOBER 26, 2006 Section 2. That the City Council agrees that each District described in Section 1 will contain a portion of the Land, as determined by the property owner. No further action on the part of the City will be required to the establishment of the Districts' boundaries; however, the City will provide confirmation of its consent if requested to do so by the owner of the Land or any District. Section 3. That the City Council further agrees that Siena Municipal Utility Districts No. 1 and No. 2 may annex or exclude property within the Land and adjust their boundaries as between the Districts as necessary to facilitate the extension of utilities to and the development of the Land. No further action on the part of the City will be required to evidence its consent to the annexation or exclusion of portions of the Land by a District, but the City agrees to provide additional confirmation of its consent if requested to do so by the owner of the Land or either 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 26th day of October, 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. COUNCIL COMMENTS: The Council announced that Coats for Kids will be distributed on November 4 at Dell Diamond. In addition, the Texas Mission of Mercy is in need of volunteers on November 10- 11 at Dell Diamond. ADJOURNMENT There being no further business, the meeting adjourned at 9:37 p.m. R p ctfully Submitted, Christine R. Martinez, City Secretary s NOVEMBER 9, 2006 205 The Round Rock City Council met Regular Session on Thursday, November 9, 2006, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 6:30 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 Ted Williamson. Councilmember Scott Rhode was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. EXECUTIVE SESSION: 3.A. Consider Executive Session as authorized by $551.071 Government Code, related to pending or contemplated litigation, to wit: NAACP, Home Builders Association of Austin and National Association of Home Builders, Inc. v. City of Kyle, Texas, No. A05CA979LY, U.S. Western District of Texas, Austin Division. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 6:37 p.m. and adjourned at 7:00 p.m. OPEN SESSION - 7:00 P.M. Mayor Maxwell opened the session at 7:10 p.m. • PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance. 5.A. United States Flag 5.B. Texas State Flag CITIZENS COMMUNICATIONS: Beth Carlile, 2612 Sinclair Street, reported that daffodil bulbs are being sold at the Baca Center. In addition, the Holiday Nut Sale has also begun. She noted that Daffodil Day will be March 24, 2007. Mayor Maxwell presented Mayor Pro-tem McGraw with his 5-year Service Pin. 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 October 23, 2006 and October 26, 2006 minutes. *10.A.1. Consider an ordinance adopting the 2006-2007 Community Development Block Grant budget. (Second Reading) *10.B.1. Consider an ordinance amending the Wastewater rates. (Second Reading) *10.B.2. Consider an ordinance amending Chapter 10, Section, 10.201.16, of the Code regarding water and sewer connection and transfer fees. (Second Reading) 206 NOVEMBER 9, 2006 *10.B.3. Consider an ordinance approving and adopting the Law Enforcement Fund Budget for FY 2006-2007. (Second Reading), *11.13.2. Consider a resolution designating Fire Captain Richard Rago as the City's Emergency Management Coordinator. *11.C.3. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement #5 with HDR Engineering, Inc. for engineering services for Red Bud Lane (CR 122) from CR 123 to US 79. MOTION: Councilmember Williamson 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8.A. Consider approval of the October 23, 2006 and October 26, 2006 minutes. This item was approved under the consent agenda. PRESENTATIONS: • 9.A.1. Consider a presentation concerning the City's recent National Award from the City/County Communications and Marketing Association (3CMA for Community Visioning for the City's 10-Year Plan. Jim Nuse, City Manager introduced this item. He gave a brief history of the City's 10-Year Plan process. In all, 575 citizens weighed in on the 10 Year Plan by attending a series of public meetings in January and early February 2006, as well as going online to give us input. That input guided the formation of the fiscal year 2007 budget approved by the City Council on September 28, 2006. Will Hampton, Communications Director reported that the City of Round Rock won first place for Community Visioning in a nationwide local government award competition. The Savvy Award was presented to the City for its 10 Year Plan process at the annual City- County Communications and Marketing Association conference on October 12, 2006 in Irving, Texas. The Community Visioning category judged "Programs for promoting deliberations • among diverse community interests in order to guide a community decision on future direction and vision." With over 825 city and county members from a number of governmental disciplines and functions, the City-County Communications and Marketing Association (3CMA) is the leading organization in local governments that are innovating new and better ways of communicating with their citizens by viewing them as customers with important input into the kinds of services offered and how,they are provided. 207 NOVEMBER 9, 2006 9.A.2. Consider a presentation from the Economic Development Program Oversight Committee regarding their semi-annual report on Economic Development within the City. Joe Vining, Vice-President of Economic Development, Round Rock Chamber of Commerce gave the semi-annual report, which included the following information. Business retention and expansion • Significant Findings • _ 100% reported increased sales and 92% projecting new products or services 83% indicate plans for expansion - 33% have expansion concerns due to land and building availability as the greatest barriers to growth. • Round Rock Retail/Wholesale Trade Data Marketing Leads • 72 Qualified leads • 28 Project Proposals Submitted • 18 Site Visits • 80,456 Website Visitors Top ten leads by Industry Types Marketing Trips and Trade Shows • San Jose (Silicon-Valley Region) • New York City • International Council of Shopping Centers Show - Las Vegas Marketing Materials Successes • Scott &White Hospital • Seton Williamson Medical Center • IKEA • Round Rock Premium Outlets • Co-Com Cabling • Bucher, Willis & Ratcliff • Simmons-Vedder • North American Properties Research and Demographics • ACCRA Cost of Living Survey • Wage and fringe benefits survey • Round Rock Economic Base Trends • Round Rock Retail Trade Analysis • Round Rock Retail Leakage Study 9.B.1. Consider a presentation regarding the Capital Area Metropolitan Planning Organization's (CAMPO) Draft Regional Growth Concept. CAMPO is exploring options to the current plan through an in-depth and public process that considers land use, as well as transportation. As an initial phase in this exploration, CAMPO is working with their regional partners and the public to develop a preferred growth concept, which includes a map and a • set of implementation strategies. If adopted, the CAMPO Preferred Growth Concept will provide a vision of what the desired future growth pattern is and how CAMPO will work with their regional partners to implement it over the next 25-50 years. Michael Aulick, Executive Director of CAMPO made the presentation, which included the following information. What CAMPO Does - Metropolitan Planning Organization - Long range transportation planning - Approval of federal transportation funds .°2 0 NOVEMBER 9, 2006 Growth Trends - 1990 - 780,000 - 2000 - 1;160,000 - 2007 - 1,453,000 - 2017 - 2,027,000 - 2030 - 2,750,000 Mobility 2030 Plan Congestion Today • Texas Congestion Index - 1.22 • (based on revised figures provided by TTI as of June 21, 2994) 2030 Congestion with 2030 Plan • Texas Congestion Index - 1.39 (based on revised figures provided by TTI as of September 2005) Trend Future Transportation Impacts • 2030 Plan vs. Focused Growth Other Benefits of Focusing Growth - Minimizes development in sensitive areas - Greater mix of housing options - Businesses closer to where people live - Creation of areas with a unique sense of place - Minimizes infrastructure costs • Development of Draft Growth Concept - Envision Central Texas Vision - May Jurisdiction Meetings • - Analysis of data - Develop Draft Campo Reqional Growth Concept - Map of existing and future activity centers - Performance targets - Menu of strategies Implementing Regional Growth Concept • Monitor activity center performance • CAMPO supports activity centers with transportation funding • Local governments support activity centers with zoning and other tools • Memorandums of Understanding Implementation Example • City changes zoning to allow mix of residential and commercial • CAMPO funds a new arterial serving the center • Capital Metro locates a transit station or park and ride in the center • City chooses to locate a new library in the center Stevie Greathouse, CAMPO Senior Planners gave a brief overview of activity centers and rail transit. Next Steps • • Evaluate Input • Revise Draft • CAMPO Board Approval • Memorandums of Understanding • CAMPO 2035 Plan 2035 Plan Schedule • 2006 - Development CAMPO Growth Concept - Inventory Existing Conditions • 2007 - Adopt SAFETEA-LU amendments to 2030 Plan 2 09 NOVEMBER 9, 2006 Specific Population and Employment Forecasts - Finalize Existing Conditions and Studies • 2008 - Evaluate transportation alternatives • 2009 - June 2010 - Develop and Adopt CAMPO 2035 Plan Report What Has Been Heard So Far • General support • Larger, additional, or relocated centers • Rail transit • Edwards Aquifer • Water availability Tom Word, Chief of Public Works Operations noted that the plan will be reviewed and a decision would need to be made whether this is some thing that falls into the City's plans. After staff's review, this item will be brought back to Council for more discussions on how this plan fits into the City's concept plan. ORDINANCES: *10.A.1. Consider an ordinance adopting the 2006-2007 Community Development Block Grant budget. (Second Reading), This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WASTEWATER UTILITY RATES; • PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.8.1. Consider an ordinance amending the Wastewater rates. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.B.2. Consider an ordinance amending Chapter 10, Section, 10.201.16, of the Code regarding water and sewer connection and transfer fees. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.201, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND SEWER SERVICE CONNECTION AND TRANSFER FEES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • *10.B.3. Consider an ordinance approving and adopting the Law Enforcement Fund Budget for FY 2006-2007. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2006-2007 FISCAL YEAR. 210 NOVEMBER 9, 2006 10.C.1. Consider an ordinance changing the time of the December 7. 2006 from 7:00 p.m. to 5:00 p.m. (First Reading) Jim Nuse, City Manager made the staff presentation. This will allow the Council to attend a community event that will support low income and indigent care individuals. ORDINANCE NO. AN ORDINANCE CHANGING THE TIME OF THE FIRST REGULAR DECEMBER MEETING OF THE • ROUND ROCK CITY COUNCIL FOR THE MONTH OF DECEMBER, 2006; 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the City Manager to issue a purchase order to JH Mechanical for a replacement water chiller for the Clay Madsen Recreation Center. Rick Atkins, Parks and Recreation Director made the staff presentation. The current air conditioning system for the Clay Madsen Recreation Center (CMRC) is in need of major repair. Over the past six years, the department has spent thousands of dollars to keep the A/C unit operable. Parks and Recreation and Facility Maintenance staffs came to a decision that the unit should be switch out with a more dependable and cost effective unit. The replacement of the unit was advertised through the bidding process. JH Mechanical • submitted the lowest bid of $108,219.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for a replacement water chiller for the Clay Madsen Recreation Center, and WHEREAS, JH Mechanical has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of JH Mechanical, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of JH Mechanical is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order to JH Mechanical for a replacement water chiller for the Clay Madsen Recreation Center. 211 NOVEMBER 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 November, 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.8.1. Consider a resolution authorizing the Mayor to execute an affiliation agreement between Williamson County Emergency Medical Services (EMS) and the Round Rock Fire Department. Larry Hodge, Fire Chief made the staff presentation. Under the provisions set in the Texas Administrative Code, a First Responder Organization: (1) Routinely responds to emergency situations, (2) Utilizes employees, and/or members who are emergency medical service (EMS) certified by the Texas Department of State Health Services (department), (3) Provides on-scene patient care, and (4) Does not transport • patients. An organization, which meets these descriptions, as does the Round Rock Fire P Y 9 � P Department, must comply with the requirements for submission of an application for a license. The previous license and agreement expired January 31, 2006. This agreement and license application, after negotiations with the Williamson County Emergency Medical Services, will expire January 31, 2008. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to obtain a First Responder Organization License for Round Rock Fire Department; and WHEREAS, one of the requirements for a First Responder Organization License as set forth in the Texas Administrative Code, Title 25, § 157.14 is that a First Responder Organization must enter into a written affiliation agreement with the primary licensed EMS provider in the service area; and WHEREAS, Williamson County Emergency Medical Services is the primary licensed EMS provider in the City of Round Rock service area; and WHEREAS, an affiliation agreement has been negotiated between the City of Round Rock and Williamson County Emergency Medical Services; which the City Council wishes to approve, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an affiliation agreement between Williamson County Emergency Medical Services and the City of Round Rock, 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 November, 2006. 21z NOVEMBER 9, 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *11.B.2. Consider a resolution designating Fire Captain Richard Rago as the City's Emergency Management Coordinator. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, Section 418.101 of the Texas Government Code provides that the presiding officer of the governing body 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 Richard Rago as the City's Emergency Management Coordinator, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Fire Captain Richard Rago is hereby designated as the City's 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 • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2006. 11.C.1. Consider a resolution authorizing the Mayor to execute a contract for the 2006 Street Maintenance Program with Cutler Repaving, Inc. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. This contract is for the Street Maintenance Program that will encompass Gattis School Road, High Country Boulevard, Double Creek, Greenlawn Extension and University Boulevard. This project will also introduce an in-place pavement recycling. Staff's estimated cost for this project was $1,793,095. On.October 24, 2006, the City received one bid, which was from Cutler Repaving, Inc. for the project. After a review of the bid, staff recommended award of the bid to Cutler Repaving, Inc. in the amount of $1,669,482.50. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2006 Street Maintenance Program, and WHEREAS, while only one bid was received from Cutler Repaving, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Cutler Repaving, 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 Cutler Repaving, Inc. for the 2006 Street Maintenance Program. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this 213 NOVEMBER 9, 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 9th day of November, 2006. 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.C.2. Consider a resolution authorizing the Mayor to execute a contract with Perez Signs & Graphics, Inc. for the manufacture and installation of directional signage for Old Settlers Park. Thomas G. Martin, P.E., Transportation Services made the staff presentation. An outside consultant was used to develop a Master Plan for Wayfinding signage. A team was formed from City staff to determine what signage was needed for Old Settlers Park at Palm Valley. This project was advertised through the bidding process. One bid was received and opened on August 21, 2006. Perez Signs & Graphics submitted a bid of $ 120,025.00 for the project. Based on the review of the bid by the staff and the Project • Manager, staff recommended that the bid be awarded to Perez Signs & Graphics. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of directional signage for Old Settlers Park, and WHEREAS, while only one bid was received from Perez Signs & Graphics, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Perez Signs & Graphics, 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 Directional Signage From Perez Signs & Graphics, Inc., a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. .214 NOVEMBER 9, 2006 *11.C.3. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement #5 with HDR Enciineerinci, Inc. for engineering services for Red Bud Lane (CR 122) from CR 123 to US 79. 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 Red Bud Lane (CR 122) from US 79 to CR 123, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 5 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. 5 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. 5 to the Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 2006. 11.D.1. Consider a resolution authorizing the Mayor to execute an Economic Development Program Administration and Funding Agreement with the Round Rock Chamber of Commerce. David Kautz, Assistant 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 verse the program and continue • accountability. A solid economic development program will enhance the financial wealth of the community. The cost of this agreement is $480,000 and the term of this agreement will expire September 30, 2007. RESOLUTION NO. WHEREAS, §380.001 Texas Local Government Code provides that a municipality may establish a program to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, §380.001 also provides that the municipality may administer such program by the use of municipal personnel and may contract with another entity for the administration of a program; and WHEREAS, the City of Round Rock ("City") and the Round Rock Chamber of, Commerce ("Chamber") have developed 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 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 9th day of November, 2006. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt 215 NOVEMBER 9, 2006 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.D.2. Consider a resolution approving an exception to park curfew regulations to • allow an overnight camping in Old Settlers Park at Palm Valley for the Texas BBC) Cook-Off sponsored by A Rich Event, LLC. Jim Nuse, City Manager made the staff presentation. A Rich Event, LLC submitted a Special Events Permit Application for a Texas BBQ Cook-Off in Old Settlers Park at Palm Valley on November 17-18, 2006. As a part of this event, the BBQ Teams will be camping out overnight in the Park both nights. This resolution will provide an exception to the regulations concerning the hours in municipal parks. RESOLUTION NO. WHEREAS, municipal parks are only open to the public between the hours of 6:00 o'clock a.m. and 12:00 o'clock midnight in accordance with Section 1.1701 of the Code of Ordinances (1995 Edition), and WHEREAS, A Rich Event, LLC has requested that an exception be granted to said Ordinance allowing overnight camping at Old Settlers Park on November 17-18, 2006 for the Texas BBQ Cook-Off, and WHEREAS, pursuant to Section 1.1701 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 request of A Rich Event, LLC for overnight camping on November 17-18, 2006, at Old Settlers Park is hereby granted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this - Resolution and the subject matter hereof 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 November, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.D.3. Consider a resolution granting a special exception to the Noise Ordinance, Chapter 6, Section 6.203(2), for the Texas BBO Cook-Off sponsored by A Rich Event, LLC. Jim Nuse, City Manager made the staff presentation. A Rich Event, LLC submitted a Special Events Permit Application for a Texas BBQ Cook-Off in Old Settlers Park at Palm Valley on November 17-18, 2006. The application includes the playing of music from 3:30 p.m. until 10:30 p.m. This resolution will provide an exception to the noise regulations. RESOLUTION NO. 216 NOVEMBER 9, 2006 WHEREAS, A Rich Event, LLC has submitted a Special Events Application for the Texas BBQ Cook-Off ("Event") to be held on November 17, 2006 and November 18, 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 a special exception to the provisions of Section 6.203(2)(b) of the Code of Ordinances is hereby granted; in order to permit A Rich Event, LLC to play music until 10:30 p.m. on Friday, November 17, 2006 and until 10:30 p.m. on Saturday, November 18, 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 November, 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.D.4. Consider a resolution consenting to the financing of the acquisition, • construction and equipping of the Scott and White Memorial Hospital through the issuance of tax-exempt bonds issued by Bell County Health Facilities Development Corporation. David Kautz, Assistant City Manager made the staff presentation. The hospital wishes to finance the acquisition, construction and equipping of the Facility with the proceeds of tax- exempt bonds to be issued by Bell County Health Facilities Development Corporation. The Health Facilities Development Act, Chapter 221 Texas Health and Safety Code requires that the governing body of a governmental unit give consent to the acquisition, construction and equipping of health facilities, if such health facilities are financed with the proceeds of bonds issued by a health facilities development corporation created by and acting on behalf of a governmental entity outside the territorial limits of the jurisdiction where the health facilities are located. There will not be any financial liability to the City of Round Rock. r RESOLUTION NO. WHEREAS, Scott and White Memorial Hospital and Scott, Sherwood and Brindley • Foundation, or one of its affiliates (the "Hospital"), intends to construct, operate and own an acute care hospital (the "Facility"), to be located at 300 University Boulevard, Round Rock, Texas (the "City"); and WHEREAS, the Hospital wishes to finance the acquisition, construction and equipping of the Facility with the proceeds of tax-exempt bonds (the "Series 2006 Bonds") to be issued by Bell County Health Facilities Development Corporation (the "Bell County HFDC"), established by Bell County, Texas (the "Sponsoring Entity"); and WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code, as amended (the "Act"), requires that the governing body of a governmental unit give consent to the acquisition, construction and equipping of health facilities, such as the Facility, if such health facilities are financed with the proceeds of bonds issued by a health facilities development corporation created by and acting on behalf of.a governmental 217 NOVEMBER 9, 2006 entity outside the territorial limits of the jurisdiction where the health facilities are to be located; and WHEREAS, the Hospital has requested that the City give its consent to the acquisition, construction and equipping of the Facility to be financed with the proceeds of the Series 2006 Bonds issued by Bell County HFDC; and WHEREAS, the City Council of the City has determined to consent to the acquisition, construction and equipping of the Facility to be financed with the proceeds of the Series 2006 Bonds; and WHEREAS, the issuance of the Series 2006 Bonds by Bell County HFDC, the use of the proceeds of the Series 2006 Bonds to acquire, construct and equip the Facility and the • consent of the City thereto will create no liability for the City or its residents and is in the best interests of the City and its residents and is in furtherance of the public purposes of the Act; and WHEREAS, consent of the City to the use of proceeds of the Series 2006 Bonds with respect to the Facility does not in any manner obligate the City with respect to the payment of bonds nor does such consent in any manner indicate approval or waiver of any regulatory requirements of the City related but not limited to zoning, site planning or any other matter over which the City would normally exercise control; and WHEREAS, it is found and determined that the meeting at which this Resolution has been considered has been open to the public at all times during which this Resolution has been considered, written notice of such meeting having been given of the subject, time, place and date of such meeting, and the subject matter of this Resolution has been discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. Findings. The findings and determinations set forth in the preambles hereto are herein incorporated as if such findings and determinations were repeated herein in full. Section 2. Consent. Consent is hereby given for the use of the proceeds of the Series 2006 Bonds, issued by Bell County HFDC, in connection with the acquisition, construction and equipping of the Facility.. Section 3. Effective Date. This Resolution shall be effective immediately upon its 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 November, 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 Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. COUNCIL COMMENTS: The relayed their condolences to the family of Bunky Whitlow A ;f, who recently passed away. Mr. Whitlow was one of those individuals who made Round Rock • what it is today. ADJOURNMENT: There being no further business, the meeting adjourned at 8:31 p.m. R=1 Submitted, Christine R. Martinez, City Secretary 218 NOVEMBER 21, 2006 The Round Rock City Council met Regular Session on Thursday, November 21, 2006 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:05 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, Assistant City Manager David Kautz, and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance. A. United States Flag B. Texas State Flag CITIZENS COMMUNICATIONS: Jesus Franco, 208 S. Blair Street, announced that daffodil bulbs are for sale at the Baca Center. Mayor Maxwell dispensed with the order of the agenda and addressed the following item with the unanimous consent of all the Councilmembers present. 10.E.3. Consider a resolution supporting Kenneth Stalling's essay entry for a • contest for a Boundless Playground. Rick Atkins, Parks and Recreation Director made the staff presentation. Kenneth Stalling and his son Dennis, local citizens, approached the City with the idea of applying for a national Playskool Boundless playground contest. The winner of the contest will receive a $300,000 playground for the community's enjoyment. Dennis is a participant in the adaptive program at the Clay Madsen Recreation Center. Mr. Stalling needs the support of the owner of the property and an identified location for the playground. Mr. Stalling and staff agreed that the Clay Madsen Recreation Center would be a perfect location for the playground and would benefit the adaptive program and the community. The addition of this playground will enable the community to gain a better understanding of those with special needs and truly integrate those with a disability into an active setting. RESOLUTION NO. • WHEREAS, a local citizen, Mr. Kenneth Stallings, is interested in applying for the national Boundless Playground contest,.and WHEREAS, the winner of the contest will receive a $300,000 playground for the community's enjoyment, and WHEREAS, Clay Madsen Recreation Center would be a perfect location for a Boundless Playground and would benefit the adaptive program, and WHEREAS, Mr. Stallings is seeking support of this application, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council supports the submission of an application by Mr. Kenneth Stallings for a Boundless Playground for the Clay Madsen Recreation Center. The City Council hereby finds and declares that written notice of the date hour, r, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this 219 NOVEMBER 21, 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 21st day of November, 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. PROCLAMATION: 5.A. Consider a proclamation recognizing Saint William's Parish Day. Mayor Maxwell read the following proclamation, which he read at the Saint William Parish new church home dedication. WHEREAS, the Parish of Saint William has been a valuable part of the Round Rock faith based community since our earliest gatherings in 1916 and through the past 90 years both have expanded in size, reach and vision together; and WHEREAS, we, as members of Saint William Parish, are a diverse family that serve the city as teachers, businessmen, civil servants, civic organization participants, elected officials, neighbors and even members of the Armed Forces who have made the ultimate sacrifice for our freedoms; and • WHEREAS, Saint William Parish cares for the least fortunate among us through our chapter of the Saint Vincent de Paul Society which assisted 6,000 Round Rock residents who were in need last year; members of Saint William Parish also assist disadvantaged neighbors during the holidays by hosting both Thanksgiving and Christmas outreaches; and WHEREAS, Saint William is a compassionate Parish that supports many vital service organizations including the Round Rock Area Serving Center, Round Rock Caregivers, Meals on Wheels, English as a Second Language, Williamson County Jail, EI Amistad Club, and Texas Mission of Mercy, among others; and WHEREAS, Saint William Parish recognizes that there are needs internationally that we are able to support by assisting orphans with AIDS in Africa, children orphaned by violence in Columbia, and by sending medical teams to various countries, all of which brings good will and thankful respect to the City of Round Rock; and WHEREAS, these efforts and many others are supported by the 12,000 members and over 3,000 families who make up the Saint William Parish Catholic family; and WHEREAS, to accommodate the growth, outreach efforts and expanded programs that Saint William Parish has implemented for our community, we have completed a new church home that is an impressive addition to the architecture and beauty of Round Rock, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim November 18, 2006 as "SAINT WILLIAM PARISH DAY" in the City of Round Rock in honor of the completion and dedication of our new church home and the endless possibilities that this expansion presents, and call upon all citizens to congratulate Saint William's members as we continue to celebrate our Lord Jesus Christ in our new home. PROCLAIMED this 18th day of November 2006. • 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 10A2 was removed from the consent agenda and addressed in its normal sequence on the regular agenda. *7.A. Consider approval of the November 9, 2006 minutes. -220 NOVEMBER 21, 2006 *10.A.2. Consider a resolution authorizing the City's participation with Envision Central Texas in the amount of $10,000. Removed from consent agenda. *10.D.1. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with the Round Rock Sertoma Girls Softball League. *10.D.2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with the Stony Point Girls Lacrosse. MOTION: Councilmember Williamson moved to approve all the remaining items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the November 9, 2006 minutes. This item was approved under the consent agenda. PUBLIC HEARINGS: . 8.A.1. Consider public testimony regarding the application of the property owner to rezone 0.4262 acres from MU-1a-H (Mixed-Use Southwest Downtown with Historic Overlay) to MU-1a (Mixed-Use Southwest Downtown). (106 W. Bagdad Avenue) Jim.Stendebach, Planning and Community Development Director made the staff presentation. This property is located at the northeast corner of W. Bagdad Avenue and South Blair Street. Known as the W.J. Walsh House, this property was built as a residence in 1931. The property received a local historic designation in 1993. It was designated because of its architectural significance as the only "Spanish Eclectic" style building in the City. Joelle Jordan, Senior Planner continued the presentation stating that the new owner of the property, Daniel Phipps, presented a plan to the Historic Preservation Commission to make significant changes to the exterior of the building. The Historic Preservation Commission denied seven of the ten (10) proposed changes to the building, determining that the changes were inappropriate according to the "Design Guidelines for Historic • Commercial and Residential Districts & Properties", which was adopted by the City Council in 2000. Randall Owen, the applicant requested the removal of the Historic Overlay Zoning District to facilitate building renovations that will result in the removal of historically significant exterior architectural features. Both the Historic Preservation Commission and the Planning and Zoning Commission recommended against the rezoning of this property to remove the Historic Overlay Zoning District. 221 NOVEMBER 21, 2006 Mayor Maxwell opened the public hearing. The following individuals spoke against the removal of the historic overlay designation for the property at 106 W. Bagdad Avenue. Karen Thompson, 7203 S. Ute Trail, Jollyville, Tx David Crutchfield 927 Monadale Trail Jesus Franco, 208 S. Blair Street • Steve Laukhuf, 105 S. Blair Street, General Manager of the Round Rock Leader spoke in favor of removing the historic overlay designation for the property at 106 W. Bagdad Avenue. There being no further testimony, the public hearing was closed. 8.A,.2. Consider public testimony regarding a proposal to zone 27.5 acres, located west of Red Bud Lane and north of Gattis School Road to PUD 69 (Planned Unit Development). (Also known as Highland Terrace) Jim Stendebach, Planning and Community Development Director made the staff presentation. This PUD is the result of many months of negotiations between staff, the Highland Terrace property owners and the neighboring Homeowners' Associations of Lake Forest and Forest Ridge. The PUD includes all of the parcels in the Highland Terrace neighborhood except for the parcel at 1620 Red Bud Lane, which is owned by the Jenkinsons. They asked to stay out of the PUD and remain • residential. Staff concurs with their request. This PUD divides the property into three parcels. Parcel 1 is limited to professional office and medical office uses, Parcel 2 is limited to professional office, medical office and day care uses, and Parcel 3 is limited to C-2 (local commercial) uses with some additional uses prohibited. Development anywhere within the PUD will have to following additional regulations beyond what is required in the Zoning Ordinance. Mayor Maxwell opened the public hearing. The following individuals spoke in favor of the PUD. Robert Bunnell, 4 Highland Terrace, owner of Lots 4, 5, and 6. Kay Kitts, 1700 Red Bud Lane, owner of Lots 7, 8, and 9. There being no additional testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance adopting the 2006 Edition of theFamily of • International Building Codes, to wit: the International Residential Code for one and two family dwellings, the International Building Code, the International Mechanical Code, the International Fuel Gas Code, the International Fire Code, the International Energy Conservation Code, the International Plumbing Code, and the International Existing Building Code. (First Reading) (Requires two readings) Danny Halden, City Engineer made the staff presentation. Every three years, The International Family of Codes are changed and upgraded to reflect changes in the Construction Industry with regards to Health, Safety and 222 NOVEMBER 21, 2006 Materials used. The adoption of these codes will allow the City to stay current with changes in the construction industry and corresponding codes. Billy Wusterhausen Fire Marshal noted that a significant change is in regard to the occupancy of night clubs. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS ADOPTING THE 2006 EDITIONS OF • THE INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL.BUILDING CODE, INTERNATIONAL EXISTING BUILDING CODE, AND INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, ESTABLISHING MINIMUM STANDARDS AND REGULATIONS IN THE CITY OF ROUND ROCK, TEXAS; AMENDING CERTAIN SECTIONS OF THE ADOPTED CODES; AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance rezoning 0.4262 acres from MU-1a-H (Mixed-Use • Southwest Downtown with Historic Overlay) to MU-1a (Mixed-Use Southwest Downtown). (106 W. Bagdad Avenue) (First Reading) Jim Stendebach, Planning Director and Joelle Jordan, Senior Planner made the staff presentation for this item during the public hearing held earlier in the meeting. The Council received background material concerning this property from staff. The applicant also provided a report outlining his proposal and reason for the rezoning request. Daniel Phipps, owner of the property outlined his report and request for the removal of the historic overlay from this property. Randall Owen, Architect for the property owner provided examples of Spanish Eclectic architecture. The Council, staff and the owner of the property had a lengthy discussion regarding the request and the property. • 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 0.4262 ACRES OF LAND, KNOWN AS 106 W. BAGDAD AVENUE, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT MU-1a - H (MIXED-USE SOUTHWEST DOWNTOWN WITH HISTORIC OVERLAY) TO DISTRICT MU-la (MIXED-USE SOUTHWEST DOWNTOWN). MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. 22 NOVEMBER 21, 2006 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Nays: Mayor Maxwell Y Y Absent: None ACTION: The motion carried with 6 ayes and 1 nay. • The second reading of this item will be placed on the December 7, 2006 Council agenda. 9.B.2. Consider an ordinance rezoning 27.5 acres, located west of Red Bud Lane and north of Gattis School Road to PUD 69 (Planned Unit Development). (Also known as Highland Terrace) (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 ORIGINALLY ZONE 27.5 ACRES OF LAND, LOCATED WEST OF RED BUD LANE AND NORTH OF GATTIS SCHOOL ROAD, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 69. 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 Rhode moved to dispense with the second reading of the P 9 ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Hone cutt Y Y . 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 engagement of the law firm of Lloyd Gosselink Blevins Rochelle &Townsend. P.C. to intervene in the lawsuit styled NAACP, Home Builders Association of Greater Austin, Inc. and National Association of Home Builders, Inc. v. City of Kyle. Steve Sheet, City Attorney made the staff presentation. The City of Kyle requested that the City of Round Rock become a party to this lawsuit. The issue at hand is a 224 NOVEMBER 21, 2006 challenge to the City's ability to legislate and enforce standards and fees that reflect the desires of the community for appearance, long term maintenance, and standards of development. RESOLUTION NO. WHEREAS, there is currently pending in the United States District Court for the Western District of Texas, Austin Division as Civil Action No. A05CA979LY a lawsuit styled National Association For the Advancement of Colored People Texas State Conference of NAACP Branches and Austin Branch of the NAACP, Home Builders Association of Greater Austin, Inc. And National Association of Home Builders, Inc. v. City of Kyle (the "Litigation"), and WHEREAS, the Plaintiffs in the Litigation are challenging the validity and enforceability of certain municipal ordinances, codes, and regulations relating to the manner of construction and materials used in the construction of residential structures in municipalities, and WHEREAS, several other central Texas cities have either retained or are presently considering retaining the law firm of Lloyd Gosselink Blevins Rochelle &Townsend, P.C. to represent the cities in the Litigation, and WHEREAS, the City Council has determined that it is in the City of Round Rock's best interests to intervene in the Litigation in an effort to protect the City's right to adopt and enforce ordinances regulating construction and to join with similarly situated cities in retaining the law firm of Lloyd Gosselink Blevins Rochelle &Townsend, P.C., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City of Round Rock a Joint Defense/Common Interest Agreement Between and Among Certain Municipalities and the Southwestern Brick Institute and an Employment Contract with Lloyd Gosselink Blevins Rochelle &Townsend, P.C., copies of which documents are attached hereto as Exhibits A and B, respectively. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of November, 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. *10.A.2. Consider a resolution authorizing the City's participation with Envision Central Texas in the amount of $10,000. This item was withdrawn from the consent agenda to be addressed at this time. David Kautz made the staff presentation. This resolution will provide support for the Envision Central Texas (ECT) project. This project will conduct a public education and outreach program, which will engage and inform citizens regarding the challenges and opportunities of the Central Texas region. ECT will be a resource to the region on issues related to key growth trends, best practices and strategies that will support quality growth. RESOLUTION NO. WHEREAS, Envision Central Texas is a non-profit organization that is a regional planning effort studying, educating and advocating for effective strategies to accommodate 225 NOVEMBER 21, 2006 future growth in Central Texas as it relates to the environment, land use, transportation and communities, and WHEREAS, the City of Round Rock wishes to join other Central Texas governmental entities in participating in Envision Central Texas, and WHEREAS, the City Council wishes to contribute $10,000 to participate in Envision Central Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the contribution of $10,000 to participate in Envision 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 21st day of November, 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.B.1. Consider a resolution authorizing the City Manager to issue a purchase order for a fire apparatus with a ladder. Larry Hodge, Fire Chief made the staff • presentation. A fire apparatus with a ladder does everything that an engine does and has an additional capability of 75' ladder when needed. By having a fire apparatus with a ladder in the City, the Fire Department would greatly increase their water flow during structure fires and have a backup for their current trucks when one goes out of service. This equipment will be assigned to Fire Station No. 3. Engine No. 3 will be reassigned to Fire Station No. 7. The cost of the fire apparatus with a ladder is $620,644. The timeline to build a fire apparatus with a ladder is approximately 10 months. There would be no expenditure for this equipment until September 2007. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase a fire apparatus with ladder ("Quint") for the Fire Department, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Siddons Fire Apparatus, Inc. is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Siddons Fire Apparatus, Inc., • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Siddons Fire Apparatus, Inc. for the purchase of a Quint for the Fire Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the,public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of November, 2006. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. 226 NOVEMBER 21, 2006 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 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 G. Creek Inc. for the Forest Creek Golf Clubhouse Expansion. Larry Madsen made the staff presentation. This contract is for the construction of Forest Creek Golf Clubhouse expansion. The project consists of approximately 1,700 square feet of heated and cooled building area, approximately 500 square feet of concrete deck overlooking the 18th Green, 275 square feet of covered porch to the Forest Creek Clubhouse. There will be refurbishing of the remaining clubhouse and pro shop area as well as the kitchen and serving area and the addition of a handicap toilet. Through a negotiated amendment, the cost of the improvements will be $449,961.50. Adjustments were made to the scope and price changes associated with post-proposal negotiated modifications to the drawings and specification issued by the City. Those were the deletion of the pavilion and associated site work from the original drawings and • specifications. The deduction is $300,038.50 from the original bid. The project will be completed by April 1, 2007. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-06- 01-26-10F2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Forest Creek Golf Clubhouse Expansion at 99 Twin Ridge Parkway, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that G. Creek Inc. is the offeror which offers the best value for the City, and WHEREAS, Texas Local Government Code §271.116(f) allows the City and its architect to "discuss with the selected offeror options for a scope or time modification and any price change associated with the modification", and WHEREAS, such post-proposal negotiations were held and did result in certain changes to scope and price changes associated with such modifications, and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with G. Creek Inc., and wishes to enter into a "Post-Proposal Negotiated Amendment" with G. Creek Inc. 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 G. Creek Inc. 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 G. Creek Inc. and a "Post-Proposal Negotiated Amendment" with G. Creek Inc. for construction of the Forest Creek Gold Clubhouse Expansion at 99 Twin Ridge Parkway, copies of same being attached hereto as Exhibit Exhibit" " and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. k. 7 22 ■ NOVEMBER 21, 2006 RESOLVED this 21st day of November, 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.1. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with the Round Rock Sertoma Girls Softball League. This item was approved under the consent agenda. 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 funding from the Round Rock Sertoma Girls Softball League ("Agency") for Pony Sectionals and Nationals 2007, and WHEREAS, the City Council hereby determines that the requested funds will be used for advertising and conducting,solicitations and promoting programs to attract tourists and sport enthusiasts to the area, and • WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau 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 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 21st day of November, 2006. *10.D.2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with the Stony Point Girls Lacrosse. This item was approved under the consent agenda. 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 funding from the Stony Point Girls Lacrosse ("Agency") for the Texas Lacrosse Showdown 2006, and WHEREAS, the City Council hereby determines that the requested funds will be used for advertising and conducting solicitations and promoting programs to attract tourists and sport enthusiasts to the area, 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 Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. 228 NOVEMBER 21, 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 21st day of November, 2006. 10.E.1. Consider a resolution authorizing the Mayor to execute an agreement with Schrickel, Rollins and Associates, Inc. for Professional Planning and Design Services for the • Old Settlers Park Sports Complex Improvement Project. Rick Atkins, Parks and Recreation Director made the staff presentation. The design will include the following major improvements: • Girls lighted softball complex (5 fields) including support facilities, restroom/concession buildings, bleacher areas, shade structures, and parking • Adult lighted softball complex (5 fields) including support facilities, restroom/concession buildings, bleacher areas, shade structures, and parking • Renovations to four (4) existing Sports Complexes (20 fields). Existing fields and lighting will remain; public spectator areas will be redesigned. Five (5) existing girls' softball fields will be converted to baseball • New restroom/concession/pro-shop for the Tennis Center including a small shade pavilion area. • Storm drainage/detention The project will not exceed $1,160,000. In addition, numerous meetings and presentations were held with the Round Rock Athletic Commission and Youth Sports Associations regarding the improvements. Victor Baxter of Schrickel, Rollins and Associates gave a brief history of the company and the projects they have worked on. He added that the timeline goal for the design is July 2007 with opening 2008. RESOLUTION NO. .WHEREAS, the City of Round Rock desires to retain professional planning and design services for the Old Settlers Park Sports Complex Improvement Project, and WHEREAS, Schrickel, Rollins and Associates, Inc. has submitted an Agreement for Professional Planning and Design Services to provide said 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 an agreement with Schrickel, Rollins and Associates, Inc. for Professional Planning and Design Services for the Old Settlers Park Sports Complex Improvement 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 21st day of November, 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 229 NOVEMBER 21, 2006 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.E.2. Consider a resolution requesting the Governor and Members of the 80th Legislative Session to support increased funding for the Texas Recreation & Parks Account. Rick Atkins, Parks and Recreation Director made the staff presentation. The Texas Recreation & Parks Account (TRPA) is a grant program administered by the Texas Parks & Wildlife Department that provides matching grants to local governments for parkland acquisition and development. The annual appropriation of funds from the TRPA prior to the 78th Legislature was $15.5 million. The TRPA was reduced to $13 million annually during the 78th Legislative Session and to $5.6 million for the current biennium. The TRPA has been a very important source of funding for the City. In the past six years, the TRPA has provided the City with an additional $1.5 million dollars to fund projects like Clay Madsen Recreation Center ($500,000), Brushy Creek East Trail ($500,000) and the Greater Lake Creek Trail Project ($500,000). Each of these projects relies on funding from the TRPA and any loss of funding would have detrimental ramifications to communities and state. This resolution is to ask the Legislature to increase funding for the TRPA to the level the grant program was prior to the 78th Legislative Session, and State Parks. It also asks that the Legislature respect the publicly endorsed competitive scoring system award process and discontinue the` attaching legislative riders to the budget for special interest projects that drain the fund. RESOLUTION NO. WHEREAS, the Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and manages 114 State parks and historical sites in Texas; and WHEREAS, TPWD has a separate account in their general revenue fund referred to as the TRPA for the purpose of providing matching grants to political subdivisions for parks and recreation projects; and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA guidelines have funded 1,029 projects of the 2,851 submitted over 25 years delivering over $623 million dollars to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and WHEREAS, continued cutbacks in appropriations for State park and historic sites have resulted in a backlog of deferred maintenance issues, park closures, reduced hours • and days of operation, staff layoffs, the conversion of some parks to day use only and elimination of important visitor services, regardless of the growing need for new parks due to the State's expanding population and extensive tourism industry; and WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 80th Texas Legislature, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. That the Governor and members of the 80th Legislature of Texas seek passage of legislation maximizing the use of revenue from the sporting goods sales tax to increase funding for parks and recreation programs fairly for Local and State parks and that all TRPA funded park projects be subject to the established TPWD competitive scoring system. 230 NOVEMBER 21, 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 21st day of November, 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.E.3. Consider a resolution supporting Kenneth Stalling's essay entry for a contest for a Boundless Playground. This item was addressed earlier in the meeting. APPOINTMENTS: 11.A. Consider 2 appointments to fill unexpired terms on the Tourism Commission. Two appointments are needed due to the following resignations: David Panas (Small-Hotel) term expires June 2008 • Gisele Schaefer (Local tourism-related business) term expires June 2007 Letters of interest were received from the following individuals: • Representing the Small-Hotel position: • Bob Godsey - Hilton Garden Inn Representing the Local tourism-related business position: Kelley Pargmann - Round Rock Premium Outlets MOTION: Mayor Pro-tem McGraw moved to appoint Bob Godsey and Kelley Pargmann to the Tourism Commission by acclamation. 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. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:06 p.m. Re ectfull Submitted Y Christine R. Martinez Cit Secretary Y 231 DECEMBER 7, 2006 The Round Rock City Council met Regular Session on Thursday, December 7, 2006, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 5:00 P.M. Mayor Maxwell called the session to order at 5:05 P.M. PLEDGE OF ALLEGIANCE: • Mayor Maxwell led the following Pledges of Allegiance. _ A. United States Flag B. Texas State Flag ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan Mcdraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: The following individuals spoke in favor of the rezoning of 106 W. Bagdad Avenue. Brent Campbell, 503 East Main Avenue Dan Carlson, 16217 Fincastle, Austin Huy Nguyen, 1503 Bamfield Cove Daniel Phipps, 2942 Cedar Crest Circle Aaron Ricks, 110 Copperwood Loop • John Howell, 3031 Hidden Bluff Cove Justin Mabey, 1921 Creek Crest Way The following individuals spoke against the rezoning of 106 W. Bagdad Avenue. Mrs. Faye Johnson, 109 Vista Avenue Karen Thompson, 7203 S. Ute Trail Jesus Franco, 208 S. Blair Street Chris Walsh, 401 Brushy Creek Road, relative of the Walsh family submitted a written statement. PROCLAMATIONS: S.A. Consider proclaiming the week of December 4-8, 2006 as Chronic Obstructive Pulmonary Disease Awareness Week. Mayor Maxwell read the following proclamation and presented it to Laura Chapman, Senior Program Director, American Lung Association of Texas., 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 WHEREAS, in addition to the quality of life that COPD destructs, it also costs the U.S. an estimated $31.9 billion a year; and WHEREAS, COPD is commonly an invisible disease until symptoms appear; 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 aware of their respiratory functions 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 December 4-8, 2006 as "CHRONIC OBSTRUCTIVE PULMONARY DISEASE WEEK" in the City of Round Rock, and urge all citizens to help raise awareness about the prevalence of COPD and the serious effects associated with the disease. 232 DECEMBER 7, 2006 PROCLAIMED this 7th day of December 2006. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7.A. Consider approval of the November 21, 2006 minutes. • *10.C.1. Consider an ordinance adopting the 2006 Edition of the Family of International Building Codes to wit: the International Residential Code for one and two family dwellings, the International Building Code, the International Mechanical Code, the International Fuel Gas Code, the International .Fire Code, the International Energy Conservation Code, the International Plumbing Code and the International Existing Building Code. (Second Reading) *11.13.2. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Tarrant County for the purchase of various commodities using Annual Contracts. 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: *7.A. Consider approval of the November 21, 2006 City Council meeting minutes. This item was approved under the consent agenda. PRESENTATIONS: 8.A.1. Consider a presentation on the Executive Development Program. Dale Ricklefs presented the graduates of the Executive Development Program to the Council. This is the second year of the program, which provides retention and advancement of the City's employees and provides an understanding of executive issues. Mayor Maxwell presented the Certificates of Completion to Kristie O'Hara, Michael • Thane, Ruth Haberman, and Emsud Horozovic. Nancy Yawn was absent. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the application filed by 35/45 La Frontera, L.P., to rezone 9.04 acres located south of Hester's Crossing Road between La Frontera Boulevard and Kouri Avenue, from PUD 39 District to PUD 70 District (Also known as La Frontera Town Center). Jim Stendebach, Planning and Community Development 233 DECEMBER 7, 2006 Director made the staff presentation. Planned Unit Development (PUD) 39 is the La Frontera West PUD. The property was annexed and zoned as PUD 39 in 1999. The owner of the 9- acre tract is selling the property to a developer who wants to construct a mixed-use development on the property. Because the property will.have a new owner and because the development will require some changes to the existing development standards, the owner is • requesting a change of zoning from the existing PUD 39 to a new PUD 70. This new PUD will have the same development standards as PUD 39, except for the following differences: • A reduction in setbacks along Hester's Crossing Road from 60 ft. to 8 ft. This will make it consistent with the setbacks already in place for the other roadways. • The option of using an alternate landscape plan in order to ensure adequate landscaping even with the small setbacks. • An increase in density from 35 units/acre to 39 units/acre. • A maximum allowance of 360 multi-family units. • The entire La Frontera West PUD had an original allocation of 900 multi-family units. 777 units have been constructed, which means only 123 additional multi- family units are currently allowed in La Frontera. By creating this new PUD, the overall count of allowable multi-family units will increase from 123 to 360. • A requirement that multi-family housing must have structural parking and must include a mix of other uses on the same site. The Planning and Zoning Commission recommended approval of the proposed zoning • change at their September 20, 2006, meeting. Mayor.Maxwell opened the public hearing. Don Martin of La Frontera reported on the next phase of La Frontera, La Frontera Town Center. Challenges with Existing Plan • When La Frontera began, "new-urban" concepts were rare in suburban settings • Project is not well-designed for pedestrians • Many site concepts today feature "new urban" elements - Vertical mixed-use and urban-style living - A central focus that ties the project together - Pedestrian-orientation - Live, shop, work in the same general area • New competition is emerging (Domain, Cedar Park Town Center, Leander, etc) La Frontera Town Center • • 9-acre tract, to be used to "retro-fit for adding new-urban elements • Vertical mixed use--residential units and lofts above retail, restaurants, cafes and loft office. • Internal garage parking, with minor surface parking for retail/restaurant • Retail/restaurant of at least 10% • Pedestrian orientation Ruben R. Barrera with Bracewell & Giuliani, LLP, 106 S. St. Mary's Street, San Antonio represented the owners of Lakeside and Enclave Apartments at La Frontera PUD .234 DECEMBER 7, 2006 #39. Mr. Barrera spoke against the rezoning. He added that the main concerns of the owners regarding the rezoning are: • Increase in the multi-family density, which they feel would cause an economic harm to the existing multi-family units because of the competition. • Not all of the owners had approved the request for a zoning change. • The number of property owners that would support the ongoing maintenance cost for PUD 39 would be reduced by creating a new PUD. • There being no further testimony, the public hearing was closed. 9A.2. Consider public testimony regarding the application filed by the Georgetown Railroad Company Inc to originally zone 829.53 acres to PUD 71 District, which consists of two tracts (1) North of FM 1431 west of IH-35, and east of the Georgetown Railroad: and (2) South of FM 1431 west of IH-35 and east of the proposed extension of Wyoming Springs Drive. Jim Stendebach, Planning and Community Development Director made the staff presentation. This voluntary annexation by Georgetown Railroad is for 829.53 acres fronting FM 1431 and IH-35. It provides an opportunity to expand the development that has recently taken place east of IH-35 at University Boulevard. This intersection is rapidly developing into one of the primary retail centers in the city and offers unique opportunities for commercial, residential and mixed-use development along the University Boulevard/FM 1431 corridor. The PUD provides for two major development parcels: • 1. Commercial uses will be permitted on the 250.31 acres fronting IH-35 east of the Georgetown Railroad and are permitted up to 12 stories within 1,000 feet of IH-35& FM 1460. 2. Mixed uses will be permitted on the 579.22 acres south of FM 1431 west of the Georgetown Railroad. The mixed-use designation will permit uses including single-family residential, town homes, apartments, retail, restaurant, office and entertainment uses and mixed commercial/ residential uses. There are special provisions that will restrict some commercial uses. In addition, there are special provisions designed to protect existing single-family residential uses and for mixed-use buildings. The Planning and Zoning Commission recommended approval of the proposed PUD at their November 29, 2006, meeting. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. • ORDINANCES: 10.A.1. Consider an ordinance annexing a 382.74-acre tract of land known as Georgetown Railroad - Tract I, located north of Behrens Ranch, and to the east and south of the proposed extension of Wyoming Springs Drive. (First Reading)This item was withdrawn from the agenda. iA 235 DECEMBER 7, 2006 10.A.2. Consider an ordinance annexing a 196.48-acre tract of land known as Georgetown Railroad - Tract II, located south of FM 1431 and east of the proposed extension of Wyoming Springs Drive. (First Reading) This item was withdrawn from the agenda. 10.A.3. Consider an ordinance annexing a 249.67-acre tract of land known as • Georgetown Railroad - Tract III and IV, located west of the IH-35 frontage road, south of FM 1431, east of the western edge of the Georgetown Railroad and north of the existing city limits. (First Reading) This item was withdrawn from the agenda. 10.A.4. Consider an ordinance zoning 829.53 acres to PUD 71 District, which consists of two tracts (1) North of FM 1431, west of IH-35, and east of the Georgetown Railroad: and (2) South of FM 1431, west of IH-35 and east of the proposed extension of Wyoming Springs Drive. (First Reading) This item was withdrawn from the agenda. 10.A.5. Consider an ordinance rezoning 0.4262 acres from MU-1a-H (Mixed-Use Southwest Downtown with Historic Overlay) to MU-1a (Mixed-Use Southwest Downtown). (106 W. Bagdad Avenue) (Second Reading) Joelle Jordan, Senior Planner made the staff presentation. This is the second reading of the ordinance. This property is located at the northeast corner of W. Bagdad Avenue and South Blair Street and is known as the W.J. Walsh House. This property was built as a residence in 1931 and received a local historic • designation in 1993. It was designated historic because of its architectural significance as 9 9 9 the only Spanish Eclectic style building in the City. The applicant has requested the removal of the Historic Overlay Zoning District to facilitate building renovations that will result in the removal of historically significant exterior architectural features. Both the Historic Preservation Commission and the Planning and Zoning Commission recommended against the rezoning of this property to remove the Historic Overlay Zoning District. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.4262 ACRES OF LAND, KNOWN AS 106 W. BAGDAD AVENUE, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT MU-1a - H (MIXED-USE SOUTHWEST DOWNTOWN WITH HISTORIC OVERLAY) TO DISTRICT MU-1a (MIXED-USE SOUTHWEST DOWNTOWN). 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 Councilmember Williamson Nays: Mayor Maxwell ACTION: The motion carried with 6 ayes and 1 nay. 10.A.6. Consider an ordinance rezoning 9.04 acres, located south of Hester's Crossing Road between La Frontera Boulevard and Kouri Avenue, from PUD 39 District to 236 DECEMBER 7, 2006 PUD 70 District. (Also known as La Frontera Town Center) (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. The Council participated in detailed discussions with staff, Mr. Martin who requested the rezoning of this tract, and Mr. Barrera who was representing the owners of the Lakeside and Enclave Apartments at La Frontera. • Councilmember Salinas urged staff to give careful consideration to future PUD's and how investors come in and make their plans to participate in these type of zonings. In addition, he urged the Council to give a full and fair discussion and a full second reading regarding the rezoning process so everyone will have a fair chance to voice their comments and concerns to the Council. 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 9.04 ACRES OF LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 39 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PUD NO. 70 (PLANNED UNIT DEVELOPMENT). MOTION: Mayor Pro-tem McGraw moved 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. 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. Councilmember Salinas had the first vote, which was no to dispensing with the second reading of the ordinance. A continuation of polling the Council for their decision was not necessary due to the requirement that a unanimous decision is necessary for the Council to dispense with the second reading of the ordinance. This ordinance will be brought back to the Council on December 21, 2006 for the second reading. • 10.13.1. Consider an ordinance authorizing the creation of the position of Assistant Fire Chief, and amending Chapter 1, Section 1.1002.1 of the Round Rock Code Ordinance regarding firefighter civil service classifications and number of positions. (First Reading) Larry Hodge, Fire Chief made the staff presentation. This ordinance creates the position of Assistant Fire Chief in accordance with Chapter 143.014(e) of the Texas Local Government Code and abolishes the Deputy Fire Chief title. The Assistant Fire Chief will perform the Cod a p y same duties as the Deputy Fire Chief with the same salary range. In addition, this ordinance 237 DECEMBER 7, 2006 will update the prescribed number of positions in each classification effective with the approved changes in authorized positions. The FY 2006-2007 Operating Budget approved eight (8) additional firefighter positions to be added to existing staffing levels with the opening of Fire Station #7. This ordinance also increases the number of Captains by one (1) for the Emergency Preparedness Coordinator's position and 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, SECTION 1.1002.1(3) BY RENUMBERING SAME TO SECTION 1.002.1(4) AND AMENDING PARAGRAPH '(b) RELATING TO CIVIL SERVICE CLASSIFICATIONS AND AMENDING CHAPTER 1, SECTION 1.1002.1 BY ADDING NEW PROVISIONS DESIGNATED AS SECTION 1.1002.1(3) ENTITLED .-ESTABLISHMENT OF APPOINTED POSITION OF ASSISTANT FIRE CHIEF;" 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 Councilmember Williamson Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10.B.2. Consider an ordinance updating authorized assignment pay and the amount associated with the specific assignment pay in the Round Rock Fire Department. (First Reading) Larry Hodge, Fire Chief made the staff presentation. Assignment pay for the fire department was last updated on September 9, 2004. This ordinance ensures that • authorized assignment pay and fire department assignment pay practices are consistent. Assignment pay is in addition to the regular pay received by members of the fire department. This ordinance applies equally to each person who meets the criteria established by the ordinance, and may provide for payment to each firefighter who meets training or education criteria for an assignment. In addition, the ordinance may also set criteria that provides for payment only to a fire firefighter in a special assignment. ORDINANCE NO. 23 DECEMBER 7, 2006 AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1002.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK TEXAS TO RE-ESTABLISH AN ASSIGNMENT PAY PLAN FOR FIREFIGHTERS PREVIOUSLY ESTABLISHED BY ORDINANCE NO. G-04-09-00-10E, AND TO ESTABLISH ASSIGNMENT PAY FOR FIREFIGHTERS WHO PERFORM SPECIALIZED FUNCTIONS WITHIN THE FIRE DEPARTMENT; SETTING AMOUNTS AND CONDITIONS FOR SUCH ASSIGNMENT PAY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Council member.Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. *10 C 1 Consider an ordinance adopting the 2006 Edition of the Family of International Building Codes to wit: the International Residential Code for one and two family dwellings the International Building Code, the International Mechanical Code, the International Fuel Gas Code the International Fire Code, the International Energy Conservation Code the International Plumbing Code and the International Existing Building Code. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS ADOPTING THE 2006 EDITIONS OF THE INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL BUILDING CODE, INTERNATIONAL EXISTING BUILDING CODE, AND INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, ESTABLISHING MINIMUM STANDARDS AND REGULATIONS IN THE CITY OF ROUND ROCK, TEXAS; AMENDING CERTAIN SECTIONS OF THE ADOPTED CODES; AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT • THEREWITH; PROVIDING FOR A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. RESOLUTIONS: 11.A.1. Consider a resolution authorizing the Mayor to execute an Annexation Development Agreement with Georgetown Railroad Company, Inc. for 829.53 acres. This item was withdrawn from the agenda. 11.A.2. Consider a resolution authorizing the Mayor to execute an ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc. 239 DECEMBER 7, 2006 This item was withdrawn from the agenda. 11.B.1. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Round Rock Health Clinic. Cindy Demers, Finance Director made the staff presentation. During the social service agency funding process, staff recommended that $50,000 be allocated to uninsured health care services for • Round Rock citizens. Funds were to be distributed to Lone Start Circle of Care and Round Rock Health Clinic once a partnership agreement was established. The partnership is in the process of being formed, and both organizations have requested that the funds be allocated to the Round Rock Health Clinic. Funding has been established in the current year operating budget for this agency. This agreement outlines the terms and conditions for the current year funding. Carl Angel of the Round Rock Health Clinic and Pete Perialas of Lone Star Circle of Care reported that they have merged with each other effective January 1, 2007. 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 7th day of December, 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. *11.B.2. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Tarrant County for the purchase of various commodities using Annual Contracts. This item was withdrawn from the 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 240 DECEMBER 7, 2006 WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Tarrant County for the purchase of various commodities using Annual Contracts (Bids), Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Tarrant County, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 7th day of December, 2006. 11.C.1. Consider a resolution authorizing the Mayor to execute an Engineering Services Contract with Klotz Associates for the design, bid, and construction phase engineering services for the proposed traffic signals at Chisholm Trail at FM 3406; Wyoming Springs Drive at FM 3406• and Creek Bend Boulevard at FM 3406 and Sunrise at University Boulevard. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. Based on traffic signal warrant studies, the locations noted above are eligible for the installation of traffic signals. These locations have been deemed by staff for traffic signals due to heavy volumes of traffic and motorist safety. The amount of the contract is $ 97,771.00. The proposed services include the design of fully actuated traffic signal installations, with mast-arm and illuminated street name signs at the noted intersections in accordance with City of Round Rock and TxDOT standards. The proposed services also • includes a topographic survey of the project intersections and utility identification for conflict resolution, bid phase services, construction phase services, and submittal of basic signal timings for each project. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design, bid and construction of traffic signals at the intersections of Chisholm Trail at FM 3406; Wyoming Springs Drive at FM 3406; Creek Bend Boulevard at FM 3406; and Sunrise at University Boulevard, and WHEREAS, Klotz Associates has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Klotz Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Klotz Associates for the design, bid and construction of traffic signals at the intersections of Chisholm Trail at FM 3406; Wyoming Springs Drive at FM 3406; Creek Bend Boulevard at. FM 3406; and Sunrise at University Boulevard, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 7th day of December, 2006. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw 241 DECEMBER 7, 2006 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 Change Order No. 7_ • with RGM Constructors, L.P., for additional construction services in conjunction with A.W. Grimes Boulevard Phase II Project. 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. Phase II constructs a six-lane section from US 79 to Lake Creek including curb and gutter, sidewalk, a raised median, drainage and utility improvements, a bridge over Brushy Creek and a crossing under the Union Pacific Railroad. Due to differing site conditions and utilities, additional funding is required for adjusting a wastewater manhole, adding a wastewater manhole, encasing irrigation and drilling the 30-inch drill shafts deeper. Change Order No. 7 is for $96,963.88. 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. 7, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 7 to the Contract with 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 7th day of December, 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. 11.C.3. Consider a resolution authorizing the Mayor to execute Change Order No. 6 with Cash Construction for Red Bud (CR 122) street improvements. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. The Red Bud Lane Phase I and II project was awarded to Cash Construction Company of Texas, Inc., on July 22, 2004. This project constructs a two-lane section from US 79 to Lake Creek including curb and gutter, a continuous center turn lane and drainage and utility improvements. Due to differing site conditions, utilities and quantity level-ups, additional funding is required for laying additional asphalt, installing additional safety end treatments .242 DECEMBER 7, 2006 for driveways, constructing a retaining wall and trickle channel and manual labor around underground water, telephone and gas line utilities. Change Order No. 6 is for $355,777.20. 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 plans or specifications of the Contract due to unforeseen circumstances, and WHEREAS, it has been determined that it is necessary to change said Contract in • accordance with the attached Contract Change Order No. 6, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 6 to the Contract with 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 7th day of December, 2006. 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 • Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11.D.1. Consider a resolution opposing the permitting of coal-burning power plants in Texas. This item was placed on the agenda by Mayor Pro-tem McGraw and Councilmember Clifford. This resolution represents the City's position regarding coal- burning power plants in Texas. Mayor Pro-tem McGraw provided an amended resolution to replace the one provided in the Council packet. RESOLUTION NO. WHEREAS, the citizens of Round Rock value clean and healthy air; and WHEREAS, the City of Round Rock is dedicated to providing a clean environment for its citizens; and WHEREAS, in 1997, the U.S. Environmental Protection Agency adopted a new National Ambient Air Quality Standard for ozone (the 8-hour ozone standard), which provides for greater protection of public health and welfare than the pre-existing standard; and WHEREAS, ozone levels in the Austin-Round Rock area exceed the EPA's 8-hour • ozone standard for each of the three-year averaging periods ending in 1999, 2000, 2001, 2002 and 2004; and WHEREAS, experts believe that the ozone levels experienced in the Austin-Round Rock area have adverse health effects, especially on children and individuals with respiratory problems; and WHEREAS, as a proactive response to the region's elevated ozone levels, the 5- county Austin-Round Rock region entered into an Early Action Compact with the EPA, the purpose of which is to develop and implement emission control strategies sufficient to achieve the federal 8-hour ozone standard by 2007 and maintain it through 2012; and WHEREAS, the City of Round Rock is a signatory to the Early Action Compact (EAC); and WHEREAS, under the EAC, the Austin-Round Rock area adopted and is implementing a number of control strategies to reduce ozone pollution, including, but not limited to: motor vehicle tailpipe emission testing; workplace-based programs to reduce commuting 243 DECEMBER 7, 2006 emissions; a heave-duty vehicle idling restriction; and emissions reductions from local power plants; and WHEREAS, the City of Round Rock recognizes that reliable electric energy is vital to its continued economic development; and WHEREAS, the City of Round Rock recognizes the need for additional energy supplies to meet the continued growth and prosperity of this region; and WHEREAS, the City of Round Rock acknowledges that its economic development efforts will be affected detrimentally by either unreliable power or being labeled as non- attainment by the EPA; WHEREAS, as of April 30, 2006, 16 new coal-fired power units have been proposed • to be built in Texas before 2010, increasing the state's electric generating capacity by more than 10%; and WHEREAS, at least 8 of these proposed power units are in such close proximity to the Austin-Round Rock area that they can be reasonably expected to exacerbate the region's already elevated levels of ozone pollution; and WHEREAS, an analysis by the University of Texas at Austin included that "the ozone increases associated with the construction of [four of] the proposed coal-fired power plants in Central Texas could more than offset the reduction in ozone impacts associated with the recommended EAC control strategies on specific days;" and WHEREAS, failure to meet the clean air goals of the EAC will mean that other sources of pollution in the Austin-Round Rock area (such as individual vehicle owners, owners of vehicle fleets and small businesses will have to shoulder an increased burden of reducing emissions to comply with EPA's ozone standard; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The City hereby reaffirms its commitment both to improving air quality in the Austin- Round Rock area, and to providing a pro-business environment that encourages and promotes economic growth. The City fully supports the addition of power plants in Texas that utilize advanced and innovative technologies for reducing emissions. The City encourages the TCEQ and the energy industry to find solutions to the growing demand for energy, while at the same time requiring mitigation measures such as cleaner fuels, emission reductions, local offsets, plant relocation and innovative technologies to ensure that the impacted areas' attainment goals remain intact. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, ,Chapter 551, Texas Government Code, as amended. RESOLVED this 7th day of December, 2006. MOTION: Mayor Pro-tem McGraw moved to approve the amended resolution as presented. 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. 11.E.1. Consider a resolution authorizing the Mayor to execute a contract with Manley Contractinci for the Dell East Campus Channel Repair Project. Danny Halden, City Engineer made the staff presentation. The City of Round Rock and Dell USA, L.P. will share • the cost of the improvements in accordance with the Cost Participation Agreement authorized under R-06-10-12-11A1. This project includes the demolition and reconstruction of approximately 300 feet of a 45-foot wide concrete drainage channel. Seven bids were received on November 28, 2006. Manley Contracting submitted the lowest bid of $ 166,385.00. After reviewing the bid staff recommended award of the bid to Manley Contracting. RESOLUTION NO. .244 DECEMBER 7, 2006 WHEREAS, the City of Round Rock has duly advertised for bids for the Dell East Campus Channel Repair Project, and WHEREAS, Manley Contracting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Manley Contracting, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Manley Contracting for the Dell East Campus Channel Repair 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 7th day of December, 2006. 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 Williamson Mayor Maxwell Nays: None Abstain: Councilmember Rhode ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 7:12_p.m. Repectfully Submitted (%i&yW P. "retary Christine R. Martinez, Cit • 245 DECEMBER 13, 2006 The Round Rock City Council met in a Special Called Session on Wednesday, December 13, 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 7:34 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, Assistant City Manager David Kautz, City Attorney Steve Sheets, and Planning Director Jim Stendebach. ORDINANCES: 3.A.1. Consider an ordinance annexing a 382.74-acre tract of land known as Georgetown Railroad - Tract I, located north of Behrens Ranch, and to the east and south of the proposed extension of Wyoming Springs Drive. (First Reading). Jim Stendebach, Planning and Community Development Director made the staff presentation. This 382.74 acre tract of land is one of a set of five voluntary annexations by Georgetown Railroad which total approximately 829.53 acres. Staff concurs with the annexation request because it allows the City to control the development of this area and protects the existing single- family residential subdivisions within the city that abut this tract to the south. A • neighborhood meeting was held on November 15, 2006 to provide area residents with additional information and answer their questions on the annexation and zoning proposals. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY. OF ROUND ROCK, TEXAS, TO WIT: PART OF A 382.74 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACT I, 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 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. 3.A.2. Consider an ordinance annexing a 196.48-acre tract of land known as Georgetown Railroad - Tract II, located south of FM 1431 and east of the proposed extension of Wyoming Springs Drive. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 196.48 acre tract of 246 DECEMBER 13, 2006 land is one of a set of five voluntary annexations that total approximately 829.53 acres. Staff concurs with the annexation request because it allows the City to control the development of this area and protects the existing single-family residential subdivisions, within the city that abut this tract to the south. A neighborhood meeting was held on November 15, 2006 to provide area residents with additional information and answer their questions on the annexation and zoning proposals. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 196.48 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACT II, 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 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. 3.A.3. Consider an ordinance annexing a 249.67-acre tract of land known as Georgetown Railroad - Tract III and IV, located west of the IH-35 frontage road, south of FM 1431, east of the western edge of the Georgetown Railroad and north of the existing city limits. (First Reading). Jim Stendebach, Planning and Community Development Director made the staff presentation. This 249.67 acre tract of land is one of a set of five voluntary annexations that total approximately 829.53 acres. Mr. Stendebach noted that this tract is on the eastern edge of Georgetown Railroad rather than the western edge. In addition, Tract IV is north of FM 1431 and not south. Staff concurs with the annexation request because it allows the City to control the development of this area and promotes high intensity commercial development at this intersection of IH-35 and FM 1431. A neighborhood meeting was held on November 15, 2006 to provide area residents with additional information and • answer their questions on the annexation and zoning proposals. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 249.67 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACTS III AND IV, 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. 247 DECEMBER 13, 2006 MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried-unanimously. 3.B.1. Consider an ordinance changing the time of the December 21, 2006 City Council Meeting from 7:00 p.m. to 4:00 p.m. (First Reading) Mayor Maxwell explained the purpose for the early meeting. ORDINANCE NO. AN ORDINANCE CHANGING THE TIME OF THE SECOND REGULAR DECEMBER MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF DECEMBER, 2006; 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 4.A.1. Consider a resolution authorizing the Mayor to execute an Annexation Development Agreement with Georgetown Railroad Company, Inc. for 829.53 acres. Jim Stendebach, Planning and Community Development Director made the staff presentation. The agreement is part of the voluntary annexation of the 829.53 acres. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an Annexation Development Agreement with Georgetown Railroad for 829.53 acres of land in Williamson, County 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 Annexation Development Agreement with Georgetown Railroad for 829.53 acres of land, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of December 2006. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 248 DECEMBER 13, 2006 Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:43 a.m. e ectfully Submitted, , Margo"DaVissistant City Secretary • • 249. DECEMBER 14, 2006 The Round Rock City Council met in a Special Called Session on Thursday, December 14, 2006 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 12:00 P.M. Mayor Pro-tem McGraw chaired the meeting in the absence of Mayor Maxwell. He called the session to order at 12:02 p.m. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, City Attorney Steve Sheets, and Planning Director Jim Stendebach. Mayor Pro-tem McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item. 4.A.1. Consider a resolution authorizing the Mayor to execute an ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc. Jim Stendebach, Planning and Community Development Director made the staff presentation. This agreement relates to the 1,626.54 acres of Texas Crushed Stone and Georgetown Railroad property not being annexed. The agreement is in conjunction with the voluntary annexation of the 829.5 acres. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into an ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc. for 1,626.54 acres of land in Williamson, County 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 ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc. for 1,626.54 acres of land, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of December 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. ORDINANCES: 3.A.1. Consider an ordinance annexing a 382.74-acre tract of land known as Georgetown Railroad - Tract I, located north of Behrens Ranch, and to the east and south of the proposed extension of Wyoming Springs Drive. (Second Reading) Jim Stendebach, 250 DECEMBER 14, 2006 Planning Director made the staff presentation. This is the second reading of the annexation of this 382.74 acre tract of land which is one of a set of five voluntary annexations by Georgetown Railroad. This annexation will allow the City to control the development of this area and will protect the existing single-family residential subdivision that is within the city and abut this tract to the south. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 382.74 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACT I, 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 Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 3.A.2. Consider an ordinance annexing a 196.48-acre tract of land known as Georgetown Railroad - Tract II, located south of FM 1431 and east of the proposed extension of Wyoming Springs Drive. (Second Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This is the second reading of the annexation of this 196.48 acre tract of land is one of a set of five voluntary annexations that total approximately 829.53 acres. This annexation request will allow the City to control the development of this area and will protect the existing single-family residential subdivisions that are.within the city and abut this tract to the south. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 196.48 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACT II, 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson DECEMBER 14, 2006 251 Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 3.A.3. Consider an ordinance annexing a 249.67-acre tract of land known as Georgetown Railroad - Tract III and IV, located west of the IH-35 frontage road, south of FM 1431 east of the western edge of the Georgetown Railroad and north of the existing city • limits. (Second Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 249.67 acre tract of land is one of a set of five voluntary annexations that total approximately 829.53 acres. Mr. Stendebach noted that this tract is on the eastern edge of Georgetown Railroad rather than the western edge. In addition, Tract IV is north of FM 1431 and not south. This annexation request will allow the City to control the development of this area and promote high intensity commercial development at this intersection of IH-35 and FM 1431. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: PART OF A 249.67 ACRE TRACT OF LAND KNOWN AS GEORGETOWN RAILROAD - TRACTS III AND IV, 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 Williamson moved to adopt the ordinance. 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 ACTION: The motion carried unanimously. 3.A.4. Consider an ordinance zoning 829.53 acres to PUD 71 District, which consists of two tracts (1) North of FM 1431, west of IH-35, and east of the Georgetown Railroad; and (2) South of FM 1431, west.-of IH-35 and east of the proposed extension of Wyoming • Springs Drive. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The voluntary annexation requested by Georgetown Railroad is 829.53 acres fronting FM 1431 and IH-35 will provide an opportunity to expand the development that has recently taken place east of IH-35 at University Boulevard. This intersection is rapidly developing into one of the primary retail centers in the city and offers unique opportunities for commercial, residential and mixed-use development along the University 252 DECEMBER 14, 2006 Boulevard/FM 1431 corridor. This Planned Unit Development (PUD) for 829.53 acres provides for two major development parcels as follows: 1. Commercial uses will be permitted on the 250.31 acres fronting IH-35 east of the Georgetown Railroad and are permitted up to 12 stories within 1,000 feet of IH-35 and FM 1460. 2. Mixed uses will be permitted on the 579.22 acres south of FM 1431 west of the Georgetown Railroad. The mixed-use designation will permit uses including single-family residential, town homes, apartments, retail, restaurant, office and entertainment uses and mixed commercial/residential. There are special restrictions concerning the commercial uses and mixed use buildings. In addition, there are special provisions designed to protect the c existing single-family residential uses. The Planning and Zoning Commission recommended approval of the proposed PUD at their November 29, 2006, 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 OFFICAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 829.53 ACRES OF LAND, LOCATED WEST OF IH-35 BETWEEN THE IH-35 FRONTAGE ROAD AND THE GEORGETOWN RAILROAD LINE, NORTH OF FM 1431 AND THE AREA WEST OF IH-35 BETWEEN THE IH-35 FRONTAGE ROAD AND EXTENDING WEST TO THE PROPOSED EXTENSION OF WYOMING SPRINGS DRIVE, SOUTH OF FM 1431, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 71. 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. RESOLUTION: 4.A.1. Consider a resolution authorizing the Mayor to execute an ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc. This item was addressed earlier in the meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 12:16 p.m. e pectfully Submitted, Margo Davis, Assistant City Secretary r 253 DECEMBER 18, 2006 The Round Rock City Council met in a Special Called Session on Monday, December 18, 2006 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:30 A.M. Mayor Pro-tem McGraw chaired the meeting in the absence of Mayor Maxwell. He i called the session to order at 7:30 a.m. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Mayor Nyle Maxwell 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, Chief of Public Works Operations Tom Word, Water/Wastewater Utility Director Michael Thane, and Convention and Visitors Bureau Director Nancy Yawn. ORDINANCES: 3.A.1. Consider an ordinance changing the time of the December 21, 2006 from 7:00 p.m. to 4:00 p.m. (Second Reading) ORDINANCE NO. • AN ORDINANCE CHANGING THE TIME OF THE SECOND REGULAR DECEMBER MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF DECEMBER, 2006; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas ' Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. STAFF BRIEFING: 4.A. Consider staff briefings and Councilmembers discussion and questions regarding items on the agenda for December 21, 2006 City Council meeting_ Mayor Pro- tem McGraw outlined the Council agenda for December 21, 2006 allowing time for Council • questions. Staff provided additional information and/or an explanation of the following items. Item 6B1 - Jim Nuse explained the details of the presentation for the proposed regional water treatment project. Item 8A2 - Jim Stendebach outlined the issued that were brought up during the first reading of the ordinance for the rezoning of La Frontera Town Center. 254 DECEMBER 18, 2006 Item 9A1 - Nancy Yawn explained the amount of the request for funding the Round Rock Community Choir. Item 9A2 - Nancy Yawn explained the amount of the request for funding the Sam Bass Theatre Association. Item 9A3 - Nancy Yawn explained the amount of the request for funding the Palm House Museum Association and how the funds would be used. Staff was asked to research who owned the Palm House and the land where the Palm House and Chamber of Commerce were housed. Item 9C1 - Jim Nuse explained the method that staff was recommending for the construction of the East Gate Entrance for the Dell Diamond Facility. Item 9D1 - Jim Stendebach described the location of the property that would be annexed by Brushy Creek MUD. Item. 9D2 - Jim Stendebach explained the reason for the naming of University Oaks Boulevard which was requested by the owners of the land. He added that this roadway would be a private drive. Item 9D3 - Jim Stendebach described the location of the property that was being deeded to Habitat for Humanity of Greater Round Rock. This concluded the Council's briefing of the December 21, 2006 agenda. • PRESENTATIONS: S.A. Consider a presentation and discussion of the Strategic Calendar. Monique Adams, Executive Administrative Assistant to the City Manager outlined the upcoming items for January and February 2007. There were no questions from the Council. S.B. Consider a presentation concerning the Development Review Process Status. This item was withdrawn from the agenda and will be addressed at a future meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 8:30 a.m. Respectfully Submitted, Christine R. Martinez, City Secretary • 255 DECEMBER 19, 2006 On December 19, 2006 the following individuals attended a Senior Officials Workshop Training Session provided by Texas Engineering Extension Service (TEEX) at 2919 Joe Dimaggio (Fire Station No. 6) at 8:00 a.m. in Round Rock, Texas. Councilmember Rufus Honeycutt, Councilmember Scott Rhode, staff members Jim Nuse, City Manager, David Kautz, Assistant City Manager, Will Hampton, Communications Director, Tom Word, Chief of Public Works Operations, Dale Ricklefs, Library Director, Cindy Demers, Finance Director, Danny Halden, City Engineer, Tom Martin, Transportation Director, Rick Atkins, Parks and Recreation Director, Cory Styron, Assistant Director of Parks and Recreation, Hassan Farhat, Risk Manager, Jim Stendebach, Planning Director, Steve Sheets, City Attorney, members of the Fire Department Larry Hodge, Fire Chief, Mark Selby, Richard Rago, members of the Police Department Ken Evans, Karen Johnson, and Jennifer Soto and from the Utility Department Michael Thane This workshop is for local-jurisdiction elected and appointed senior officials. Its purpose is to provide a forum to discuss strategic and executive level issues related to disaster preparedness, share proven strategies and best practices and enhance coordination among officials responsible for emergency response to a disaster. Philip Allum - Director of Training for the National Emergency Response and Rescue • Training Center (NERRTC) facilitated the workshop. The workshop focused on the following topics. • Roles, responsibilities, and preparedness challenges • Homeland Security Strategic Planning as it relates to risk and needs assessment and the emergency operations plan (EOP) for your jurisdiction. • Executive level incident response and recovery considerations, including medical/public health, situational appraisal, incident management (ICS), mutual aidagreements, media relations, recovery and restoration processes, Federal assistance and business economic recovery. There being no further business, the training was completed by 5:00 p.m. R spectfully submitted, �I Christine R. Martinez, City Secretary 256 DECEMBER 21, 2006 The Round Rock City Council met Regular Session on Thursday, December 21, 2006, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 4:00 P.M. Mayor Maxwell called the session to order at 4:10 a.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance. A. United States Flag B. Texas State Flag 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, Assistant City Manager David Kautz, and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: The following individuals spoke in support of funding for the Sam Bass Theatre. Gene Storie, 1701 Lime Rock Drive Michael Johnson, 1507 Oakridge Drive Veronica Pryor, 1406 Dragon Drive Jim Pryor, 1406 Dragon Drive Charles Rotthoff, 2609 Mobile Street, expressed his concern regarding trains and their • horn signal as they go through Round Rock. Ruben Barrera of Bracewell & Giulioni LLP, 106 S. St. Mary's St, #800, San Antonio representing owners of Lakeside and Enclave Apartments expressed their opposition regarding the rezoning of item 8A2. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of the all the Councilmembers present and addressed the following items. APPOINTMENT- 10.A. PPOINTMENT:10.A. Consider one appointment to the Williamson County and Cities Health District Board of Directors. One appointment is needed for the Williamson County & Cities Health District Board of Directors. This person will represent the City of Round Rock on the Board. The three-year term of this appointment will be January 2007 to December 2009. Dr. Zander submitted a letter of interest to'be appointed to the Williamson County & Cities Health District Board of Directors. • MOTION: Mayor Pro-McGraw moved to appoint Dr. Arlen Zander to the Williamson County and Cities Health District Board 'of Directors by acclamation. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson . .. 257 DECEMBER 21, 2006 Mayor Maxwell Nays:_ None ACTION: The motion carried unanimously. RESOLUTIONS: 9.A.1. Consider a resolution authorizing the Mavor to execute a Convention and Visitors Bureau Funding Agreement with the Round Rock Community Choir. Nancy Yawn, • Director of Convention and Visitors Bureau made the staff presentation. This resolution will fund the request of $8,000.00 made by the Round Rock Community Choir. 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") for the 2006- 2007 Concert Series, 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 21st day of December, 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. 9.A.2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Sam Bass Community Theatre. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. This resolution will fund the request of $5,000.00 made by the Sam Bass Community Theatre. 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 -258 DECEMBER 21, 2006 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 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 21st day.of December, 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. APPROVAL OF MINUTES: S.A. Consider approval of the December 7, 2006; December 13, 2006; and December 14, 2006 minutes. MOTION: Councilmember Clifford moved to approve the minutes as submitted. 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. PRESENTATIONS: 6.A.1. Consider a presentation concerning a new system to view s and other video programming on the City's web site. Will Hampton, Communication Director made the staff • presentation. A new software system purchased by the City earlier this year will allow citizens and others easier access to City Council, Planning and Zoning Commission, Historic Preservation Commission and Zoning Board of Adjustments meetings via the web. The system will also people to view live streaming video of Channel 10 over the City's web site as well as provide an online video archive of the meetings. 6.B.1. Consider a presentation regarding the status of the proposed regional water treatment project for Round Rock, Cedar Park and Leander. Jim Nuse, City Manager, Cindy 259 DECEMBER 21, 2006 Demers, Finance Director, Michael Thane, Water/Wastewater Utility Director, and Steve Sheets, City Attorney made the staff presentation. The Lake Travis Raw Water Supply System study that was completed in September 2005 recommended that the most cost effective alternative for the City of Round Rock was accessing Lake Travis Water through a partnership with the City of Cedar Park and the City of Leander. Staff gave an update the progress of • those negotiations. Mayor Maxwell once again dispensed with the order of the agenda with the unanimous consent of all the Councilmember present and addressed the following items. RESOLUTIONS: 9.F.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding Preliminary Design Services for a Regional Water System with the City of Cedar Park and the City of Leander. The Cities of Round Rock, Cedar Park and Leander have agreed to jointly pursue a Regional (Lake Travis) Water System that will ultimately provide an additional 105.8 million gallons per day of potable water to meet future water demands of the Cities based on projected population growth. This agreement is for the "Preliminary Design Services": these services will be provided by four (4) highly respected Engineering Firms in the area. These firms were selected based on the review of about 20 firms that responded to • the Cities request for qualifications. All Preliminary Design Costs will be shared by the Parties according to their.ultimate capacity allocation percentage in the Regional Water System. These percentages are Round Rock, 38.56%; Cedar Park, 14.18%; and Leander, 47.26%. 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 Preliminary Design Services for Regional Water System with the City of Cedar Park and the City of Leander, Now Therefore BE IT RESOLVED BY 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 Regarding Preliminary Design Services for Regional Water System with the City of Cedar Park and the City of Leander, 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 21st day of December, 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. 266 DECEMBER 21, 2006 9.F.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Carter & Burgess, Inc. regarding the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements. This contract is for Engineering Services for the Raw Water Barge and Pipeline and preliminary design services, including the raw water floating intake barge, the ultimate deepwater intake structure and the associated raw water pipelines to deliver Lake Travis • Water to the Regional Water Treatment Plant. The engineering fees will be paid on a percentage of the ultimate capacity needed by each Party. The total cost of this contract will be $1,216,112.00 with Round Rock's share being $468,932.79. The City of Round Rock's percentage is 38.56%, based on an ultimate capacity in the system of 40.8 mgd. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System 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 Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander 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. RESOLVED this 21st day of December, 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. 9.F.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Camp Dresser & McKee, Inc. regarding the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvements. This contract • for Engineering Services for the Water Treatment Plant are for preliminary design services, including site selection, high service pump station, facility plan, SCADA system and phasing required to deliver treated water to the Parties. The engineering fees will be paid on a percentage of the ultimate capacity needed by each Party. The total cost of this contract will be $703,112.00 with Round Rock's share being $271,120. The City of Round Rock's percentage is 38.56%, based on an ultimate capacity in the system of 40.8 mgd. 261 DECEMBER 21, 2006 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvements, and WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services torovide said services and P , WHEREAS, the City Council desires to enter into said contract with Camp Dresser & McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Camp Dresser & McKee, Inc. for the Water Treatment Plant for the Cedar Park/Round Rock/Leander 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. RESOLVED this 21st day of December, 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.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Lockwood, Andrews & Newnam, Inc. regarding the Water Transmission Line, Segment 1, for the Cedar Park/Round Rock/Leander Regional Water System Improvements. This contract for Engineering Services for the Water.Transmission Line, Segment 1 is for preliminary design services, including route selection, layout and cost estimate to deliver treated water to the Parties. The engineering fees will be paid on a percentage of the ultimate capacity needed by each Party. The total cost of this contract will be $703,112.00 with Round Rock's share being $271,120. The City of Round Rock's percentage is 38.56%, based on an ultimate capacity in the system of 40.8 mgd. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Water Transmission Line, Segment 1, for the Cedar Park/Round Rock/Leander Regional Water System Improvements, and WHEREAS, Lockwood, Andrews & Newnam, Inc. has submitted a Contract for • Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Lockwood, Andrews & Newnam, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Lockwood, Andrews & Newnam, Inc. for the Water Transmission Line, Segment 1, for the Cedar Park/Round Rock/Leander 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. RESOLVED this 21st day of December, 2006. 262 DECEMBER 21, 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.F.5. Consider a resolution authorizing the Mayor to executea Contract for Engineering Services with K. Friese &Associates, Inc. regarding the Water Transmission Line Segment 2C for the Cedar Park/ Round Rock/Leander Regional Water System Improvements. This contract for Engineering Services for the Water Transmission Line, Segment 2C is for preliminary design services, including route selection, layout and cost estimate to deliver treated water to the Parties. The engineering fees will be paid on a percentage of the ultimate capacity needed by each Party. The total cost of this contract will be $703,112.00 with Round Rock's share being $271,120. The City of Round Rock's percentage is 38.56%, based on an ultimate capacity in the system of 40.8 mgd. RESOLUTION NO. WHEREAS, the City of Round.Rock desires to retain engineering services for the • Water Transmission Line, Segment 2C, for the Cedar Park/Round Rock/Leander Regional Water System Improvements, and WHEREAS, K. Friese &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 K. Friese & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with K. Friese & Associates, Inc. for the Water Transmission Line, Segment 2C, for the Cedar Park/Round Rock/Leander 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. RESOLVED this 21st day of December, 2006. MOTION:. Councilmember 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PUBLIC HEARING: 263 DECEMBER 21, 2006 7.A.1. Consider public testimony regarding the 20052006 Consolidated Annual Performance Evaluation Report. (CAPER) Mona Ryan, Community Development Coordinator made the staff presentation. The Consolidated Annual Performance Evaluation Report: • Provides accountability to the public by describing successes in meeting objectives stipulated in the Five Year Consolidated Plan. • Provides information necessary for HUD's Annual Report to Congress. • 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. This report is required by the Department of Housing and Urban Development and is due at HUD by the end of the calendar year. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 8.A.1. Consider an ordinance zoning 829.53 acres to PUD 71 District, which consists of two tracts (1) North of FM 1431, west of IH35, and east of the Georgetown Railroad; and (2) South of FM 1431, west of IH35 and east of the proposed extension of Wyoming Springs Drive. (Second Readingl Jim Stendebach, Planning and Community Development Director made the staff presentation. The voluntary annexation requested by Georgetown Railroad is • 829.53 acres fronting FM 1431 and IH-35 will provide an opportunity to expand the development that has recently taken place east of IH-35 at University Boulevard. This intersection is rapidly developing into one of the primary retail centers in the city and offers unique opportunities for commercial, residential and mixed-use development along the University Boulevard/FM 1431 corridor. This Planned Unit Development (PUD) for 829.53 acres provides for two major development parcels as follows: 1. Commercial uses will be permitted on the 250.31 acres fronting IH-35 east of the Georgetown Railroad and are permitted up to 12 stories within 1,000 feet of IH-35 and FM 1460. 2. Mixed uses will be permitted on the 579.22 acres south of FM 1431 west of the Georgetown Railroad. There are special restrictions concerning the commercial uses and mixed use buildings. In addition, there are special provisions designed to protect the existing single-family residential uses. The Planning and Zoning Commission recommended approval of the proposed PUD at • their November 29, 2006, 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 ORIGINALLY ZONE 829:53 ACRES OF LAND, LOCATED WEST OF IH-35 BETWEEN THE IH-35 FRONTAGE ROAD AND THE GEORGETOWN RAILROAD LINE, NORTH OF FM 1431 AND THE AREA WEST OF IH-35 BETWEEN THE IH-35 FRONTAGE ROAD AND EXTENDING WEST TO THE PROPOSED EXTENSION OF WYOMING SPRINGS DRIVE, SOUTH OF FM 1431, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 71. _264 DECEMBER 21, 2006 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 was out of the room when the vote was taken. ACTION: The motion carried unanimously. 8.A.2. Consider an ordinance rezoning 9.04 acres, located south of Hesters Crossing Road between La Frontera Boulevard and Kouri Avenue, from PUD 39 District to PUD 70 District. (Also known as La Frontera-Town Center) (Second Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. PUD 39 is the La Frontera West PUD. The owner of the 9-acre tract referenced above is selling the property to a developer who wants to construct a mixed-use development on the property. Because the property will have a new owner and because the development will require some changes to the existing development standards, the owner is requesting a change of zoning from the existing PUD 39 to a new PUD 70. This new PUD will have the same development standards as PUD 39, except for the following differences: • A reduction in setbacks along Hester's Crossing Road from 60 ft. to 8 ft. This • will make it consistent with the setbacks already in place for the other roadways. • The option of using an alternate landscape plan in order to ensure adequate landscaping even with the small setbacks. • An increase in density from 35 units/acre to 39 units/acre. • A maximum allowance of 360 multifamily units. • The entire La Frontera West PUD had an original allocation of 900 multifamily units. 777 units have been constructed, which means only 123 additional multifamily units are currently allowed in La Frontera. By creating this new PUD, the overall count of allowable multifamily units will increase from 123 to 360. • A requirement that multifamily housing must have structural parking and must include a mix of other uses. The Planning and Zoning Commission recommended approval of the proposed zoning change at their September 20, 2006, 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 9.04 ACRES OF LAND IN ROUND ROCK, WILLIAMSON • COUNTY, TEXAS, FROM DISTRICT PUD NO. 39 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PUD NO. 70 (PLANNED UNIT DEVELOPMENT). 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 265. DECEMBER 21, 2006 Absent: Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. RESOLUTIONS: 9.A.1. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Round Rock Community Choir. This item was • approved earlier in the meeting. 9.A.2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Sam Bass Community Theatre. This item was approved earlier in the meeting. 9.A.3. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with the Palm House Museum Association. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. This resolution will fund $8,000.00 as requested by the Palm House Museum Association. 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 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 21st day of December, 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.B.1. Consider a resolution extending the program for a license agreement to allow the placement of "Open House" signs in certain city-owned rights-of-way. Jim Nuse, City Manager made the staff presentation. This resolution is in response to the Real Estate Committee's request allowing Open House' signs in certain city-owned rights-of-way. The 266 DECEMBER 21, 2006 current sign ordinance is strictly enforced. No signs are permitted in the City owned rights- of-way, except the new-home kiosk. This program would be extended until December 31, 2007. The current program and all license agreements entered into will expire on December 31, 2006. 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, on December 15, 2005 by Resolution No. R-05-12-15-9E2, the Council extended the temporary program until December 31, 2006, and WHEREAS, the Council wishes to again extend the temporary program, and WHEREAS, the License Agreement for Open House Signs in City Rights-of-Way, which the Council approved on December 15, 2005 by Resolution No. R-05-12-15-9E2, will continue to be in effect, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That unless specifically extended by the City Council, this program and all license agreements entered into hereunder, shall expire on December 31, 2007. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of December, 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.C.1. Consider a resolution determining that "Design Build" is the delivery method, which provides the best value for the City for remodel and construction of the East Gate Entrance for the Dell Diamond Facility. 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 "Design Build." Section 271.114 (a) mandates that the "governing body of an entity that is considering a construction contract using a method specified by Section 27,1.113 (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 "Design Build" would provide the best value for building this project. This item does not approve any construction or contract, only the method that will be used for this project. 267, DECEMBER 21, 2006 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 remodel and construction of the East Gate Entrance for the Dell Diamond Facility 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 remodel and construction of the East Gate Entrance for the Dell Diamond Facility 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 21st day of December, 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. 9.C.2. Consider a resolution determininci that "Competitive Sealed Proposal" is the delivery method, which provides the best value for the City for construction of an Amphitheater to be located south of the Allen R. Baca Center for Senior and Community Activities. 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 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. This item does not approve any construction or contract, only the method that will be used for this project. RESOLUTION NO. 266 DECEMBER 21, 2006 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 an Amphitheater to be located south of the Allen R. Baca Center for Senior and Community Activities, 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 Amphitheater. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of December, 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. 9.D.1. Consider a resolution consenting to the annexation by Brushy Creek Municipal Utility District of 26.41 acres. Mayor Pro-tem McGraw disclosed that he would be abstaining from any discussion or vote on this item due to a conflict of interest. Jim Stendebach, Planning and Community Development Director made the staff presentation. Tony Ltd has requested the City Council's consent to the annexation of 26.41 acres into the Brushy Creek Municipal Utility District to receive water and wastewater service from the District. Staff recommends approval. The subject property is located within Round Rock's ETJ and a condition of the Brushy Creek Regional Wastewater Disposal Contract requires Round Rock's consent for the BCMUD to provide service. The City does not plan to • provide wastewater service to this tract. RESOLUTION NO. WHEREAS, by petition filed November 22, 2006, Tony, Ltd. ("Petitioner") requested the written consent of the City of Round Rock, Texas to the inclusion by annexation of a tract of land into the corporate boundaries of Brushy Creek Municipal Utility District pursuant to Section 54.016, Texas Water Code; and WHEREAS, the boundaries of the land to be included in Brushy Creek Municipal Utility District are described on Exhibit "A" attached hereto (the "Property"). The Property is located in the extraterritorial jurisdiction of the City of Round Rock, Texas and is owned by Petitioner; and 269 DECEMBER 21, 2006 WHEREAS, the City of Round Rock desires to grant its written consent to the inclusion of the Property in Brushy Creek Municipal Utility District; Now, Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. The City of Round Rock, Texas hereby consents to the annexation of the Property, as more particularly described by metes and bounds on Exhibit A attached hereto, into 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 21st day of December, 2006. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember, Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Abstain: Mayor Pro-tem McGraw. ACTION: The motion carried with 6 ayes and 1 abstention. 9.D.2. Consider a resolution consenting to the owner's request for the naming of a private drive to University Oaks Boulevard. Jim Stendebach, Planning Director made the staff presentation. Endeavor Real Estate, developer of the East Chandler Retail Lot 2 Replat, has requested the naming of a private drive within that subdivision to University Oaks Boulevard. • There are several lots within the subdivision that have no access to roadways other than the private drive. The adoption of a resolution which officially names the private drive will allow the street to become eligible for 911 services, therefore allowing,addressing of lots to this roadway. University Oaks Boulevard 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 University Oaks Boulevard; and WHEREAS, the City Council 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 "University Oaks 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 21st day of December, 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. 270 DECEMBER 21, 2006 9.D.3. Consider a resolution authorizing the Mayor to execute a Deed Without Warranty for excess property to Habitat for Humanity of Greater Round Rock. Councilmember Salinas disclosed that he would be abstaining from any discussion or vote on this item due to a conflict of interest. Jim Stendebach, Planning and Community Development Director made the staff presentation. This lot would be used by Habitat for Humanity to construct a new home. • Habitat for Humanity has access to $60,000 of federal Bootstrap program funding for the construction of the home (including the cost of the lot). The sale of this lot to Habitat for Humanity will provide affordable housing and put this surplus lot on the tax roles. This lot (Lot 10, Block R, Chisholm Valley West, Section 3 Amended701 Broken Bow Drive) is only 50 feet wide and is further limited by a 10 foot PUE along the North side of the lot, leaving room for a 35 foot wide home. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") owns a tract of excess land described as follows: Lot 10, Block R, Chisholm Valley West, Sec. 3 Amended, as shown by the plat recorded in Cabinet F, Slides 7 and 8, Plat Records of Williamson County, Texas, the "Property"; WHEREAS, the City proposes to sell the Property to Habitat for Humanity of Greater Round Rock ("Habitat") for the purpose of erecting affordable housing; and WHEREAS, Habitat wishes to buy the land for the purpose of erecting affordable housing thereon; and WHEREAS, Texas Local Government Code ("TLGC") Section 253.010(a) provides that • the governing body of a municipality may provide for the manner in which property owned by the municipality may be sold if the conveyance is to a nonprofit organization meeting all the required criteria; and WHEREAS, TLGC Section 253.010(a)(2) provides for the criteria that Habitat must satisfy in order for the City to sell the property to Habitat without being required to comply with the ordinary procedures governing the sale of land by a municipality; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby determines that Habitat meets the legal requirements of a qualified nonprofit organization under the TLGC Section 253.010(a)(2) in that it: (i) is a nonprofit organization as described by 26 U.S.C. Section 501(c)(3), (ii) has been incorporated in this state for at least one year, (iii) has a corporate purpose to develop affordable housing that is stated in its bylaws, (iv) has at least one-fourth of its board of directors residing in the municipality, and (v) engages primarily in the building of housing for low-income individuals and families. BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City any and all documents necessary for the conveyance of the Property, including a Deed Without Warranty, a copy of said Deed being attached hereto as Exhibit"A" and incorporate herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as • required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None Abstain: Councilmember Salinas 271 DECEMBER 21, 2006 ACTION: The motion carried with 6 ayes and 1 abstention. 9.E.1. Consider a resolution authorizing the Mayor to execute a Developer Participation Agreement with Endeavor Real Estate Group for a traffic signal and related improvements on University Boulevard. Thomas G. Martin, P.E. Director of Transportation Services made the staff presentation. The McNeil Retail Limited Subdivision is located in the • southeast quadrant of the intersection of IH 35 and University Boulevard. Major anchors in this development include IKEA and the future J.C. Penney Store. The Grand Opening for IKEA was held on November 15, 2006. The planned opening of J.C. Penney is scheduled to occur within the next 2 years. In conjunction with the development of the McNeil Retail Limited Development, a traffic signal was required at the intersection of University Boulevard and University Oaks Drive. To facilitate timely construction of this traffic signal, staff is proposing a Developers Participation Agreement whereby the developer will be responsible for 70% of the cost of the improvements, with the remaining 30% being the responsibility of the City of Round Rock (CORR).$160,385.00 ($48,115.50 estimated City Participation) RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to enter into an agreement with McNeil Retail, Ltd. ("Developer") and Chandler IH 35 Retail, Ltd., ("Chandler"), for certain infrastructural improvements on University Boulevard, and WHEREAS, Vernon's Texas Codes Annotated, Local Government Code, Subchapter C, • _212.071' et. seq. authorizes municipalities with a population of 5,000 or more to enter into a contract with a developer for the developer to construct public improvements related to the development and for the municipality to participate in their cost, and WHEREAS, such agreement is embodied in the attached Developer Participation Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the attached Developer Participation 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 21st day of December, 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.E.2. Consider a resolution authorizing the Mayor to execute an Annual Contract for General Engineering Services with Huggins/Seiler &Associates. L.P. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. From time to time, the City requires immediate engineering services to support both public and private development of transportation infrastructure throughout the City. This work order contract provides services .272 DECEMBER 21, 2006 to meet these needs in a timely and cost effective manner and at a cost of $200,000.00. This is an annual work order contract for engineering services including environmental services, preliminary design studies, schematic design, traffic modeling and simulations, meeting displays and exhibits, right-of-way maps, parcel descriptions and parcel sketches, utility identification and coordination, as well as other required engineering work. The City will assign work orders to the Engineer for each required task and the total amount of all the • work orders will not 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 21st day of December, 2006. 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.E.3. Consider a resolution authorizing the Mayor to execute a Cost Participation Agreement with the Daughters of Charity Health Services of Austin d/b/a Seton Medical Center Williamson, Texas State University and Avery Ranch Company, Ltd to construct Arterial "T" from University Boulevard to County Road 112. Tom Word, Chief of Public Works Operations made the staff presentation. The City has an opportunity to leverage Transportation System Development Corporation (4B Corporation) funds with funding from developers to construct Arterial "T". Arterial "T" will provide access to the Texas State • University Campus, Seton Medical Center and future development in the northeast. This agreement will split the total cost of the project 50/50 (approximately) between the City and the developers. The City's estimated cost is $3,873,584.91. This project includes design and construction of a divided 4-lane roadway with a raised median, curb and gutter, drainage and sidewalks. Construction will occur in phases from 2007 through the end of 2010 to accommodate funding availability and the timing of development. RESOLUTION NO. 273. DECEMBER 21, 2006 WHEREAS, the Arterial "T" Project includes the design and construction of a divided 4- lane roadway and related public improvements extending from University Boulevard to County Road 112; and , WHEREAS, Arterial "T" will provide access to the Texas State University Campus, Seton Medical Center and future development in the northeast; and WHEREAS, the City of Round Rock, Texas (the "City"), the Daughters of Charity Health Services of Austin d/b/a Seton Medical Center Williamson, a Texas non-profit corporation ("Seton"), Texas State University ("TxSt") and Avery Ranch Company, Ltd., a Texas limited partnership, Charles N. Avery, III, John S. Avery, A. Nelson Avery, and Lucille Christina Avery • Fell, Trustees of the Children of Lucille Sharp Avery Exempt Trusts, as tenants in common (collectively"AVERY") desire to enter into a Cost Participation Agreement ("Agreement") to construct Arterial "T" and related public 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 Cost Participation Agreement with Seton, TxSt and Avery, 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 21st day of December, 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. 9.F.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding Preliminary Design Services for a Regional Water System with the City of Cedar Park and the City of Leander. This item was approved earlier in the meeting. 9.F.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Carter & Burgess, Inc. regarding the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements. This item was approved earlier in the meeting. 9.F.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Camp Dresser & McKee, Inc. regarding the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvements. This item was approved earlier in the meeting • 9.F.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Lockwood, Andrews & Newnam, Inc. regarding the Water Transmission Line, Segment 1, for the Cedar Park/Round Rock/Leander Regional-Water System Improvements. This item was approved earlier in the meeting. 9.F.5. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with K. Friese &Associates, Inc. regarding the Water Transmission Line 274 DECEMBER 21, 2006 Segment 2C for the Cedar Park/ Round Rock/Leander Regional Water System Improvements. This item was approved earlier in the meeting. 9.F.6. Consider a resolution authorizing the Mayor to execute a Construction Contract with MK Painting for performing work for the 20062008 Tank Rehabilitation Project. Michael Thane Director Water/Wastewater Utility made the staff presentation. The City received five bids on November 7, 2006. MK Painting was the low bidder. After reviewing, staff • recommended award of the bid to MK Painting. This construction contract is for the rehabilitation of the Bowman and Vista Heights Tanks, to be rehabilitated between December 2006 and May 2007. The rehabilitation cost for both tanks is $430,650.00. This project includes the addition of the Texas State University logo on the Vista Heights standpipe. The logo will be paid for by Texas State University. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2006-2008 Tank Rehabilitation Project, and WHEREAS, MK Painting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of MK Painting, Now Therefore BE IT RESOLVED BY THE 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 MK Painting for 2006-2008 Tank Rehabilitation 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 21st day of December, 2006. 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 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9.F.7. Consider a resolution authorizing the Mayor to execute a construction contract with Keystone Construction, Inc. for the Raw Water Delivery System - Pumps Improvement Project. This item was withdrawn from the agenda at the request of staff. APPOINTMENTS: 10.A. Consider one appointment to the Williamson County and Cities Health District • Board of Directors. This item was addressed earlier in the meeting. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 6:28 p.m. Re pectfully Submitted, Christine R. Martinez, Cit"Secretary 275 JANUARY 11, 2007 The Round Rock City Council met in Work Session and Regular Session on Thursday, 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, Councilmember Scott Rhode and Councilmember Ted Williamson. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. WORK SESSION: 3.A. Consider a presentation by the YMCA concerning their proposal for a pool at the Round Rock YMCA on North Mays. Roy Beard Chair of YMCA, Nancy Rabb, Kara Feilder, Ron Hagood, Liz Howell, Jon Sloan, Keith Hickman, and Jim Boles provided a presentation concerning the YMCA's proposal for a pool at their facility on North Mays which included partnership possibilities with the City. The presentation concluded with a request of $2.0 million from the City as a capital-funding partner to expand the planned aquatics complex that would serve the Round Rock community. In addition, the request included a Memorandum of Understanding from the City by the end of February 2007 regarding the proposal and formal contracts being • made by the middle of April 2007. REGULAR SESSION - 7:00 P.M. Mayor Maxwell opened the session at 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance. A. United States Flag B. Texas State Flag Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. 7.A. Consider proclaiming January 11, 2007 as Coach John Langerhans Day. Mayor Maxwell read the following proclamation and presented it to Coach Langerhans. Coach Langerhans' wife Sharon, son Ryan and spouse Sherri, and daughter • Kelly and spouse Jason attended along with former players he coached. WHEREAS, legendary Coach Bob Lemon once said, "I've come to the conclusion that the two most important things in life are good friends and a good bullpen"; and WHEREAS, no one is more successful in these two areas than Round Rock's Coach John Langerhans; and WHEREAS, Coach Langerhans's experience on the field as a player boasts two high school state championships, three visits to the College World Series and being chosen as a second-round pick in the 1972 draft; and WHEREAS, Coach Langerhans's coaching accomplishments include being named "Coach of the Year" over 20 times in various regards, over 600 career wins and a 1997 State Championship while coaching the Dragons; and WHEREAS, while Coach Langerhans has a career that is decorated by accolades commemorating his hard work and dedication to the game of baseball, no accomplishment 276 JANUARY 11, 2007 is more important that the reward of passing talent and devotion for the game to his son, Ryan, and an extended family of former players; and WHEREAS, Round Rock is the Sports Capital of Texas due to citizens like Coach Langerhans, who continues to contribute to Round Rock youth by holding camps that prepare the next generation for greatness; and WHEREAS, Coach Langherhans joins other baseball legends Roger Clemens and Cliff Gustafson in the Texas High School Baseball Coaches Hall of Fame on January 12th, 2007, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim January 11th, 2007 as "COACH JOHN LANGERHANS DAY" in the City of Round Rock, Texas and urge all citizens to congratulate Coach Langerhans on • his induction to the Texas High School Baseball Coaches Hall of Fame which is a well deserved honor. PROCLAIMED this 11th day of January 2007. Mayor Pro-tem McGraw chaired the meeting at this point in the absence of the Mayor Maxwell. 7.B. Consider proclaiming January as School Board of Trustees Recognition Month. Mayor Pro-tem McGraw read the following proclamation and presented it to Pat Abbott, Round Rock Independent School Board Trustee. WHEREAS, the mission of the Round Rock Independent School District is to provide exemplary education, guidance, and encouragement to empower all students to reach their individual potential and become contributing members of a diverse community; and WHEREAS, members of the Round Rock ISD Board of Trustees strive to make certain that each Round Rock school is a place of nurturing, compassion, truth, happiness, respect, creativity, research and self-actualization and that all students and teachers are inspired to become partners in the quest for knowledge; and WHEREAS, local school board members are responsible for ensuring the structure that provides a solid foundation for all of Round Rock ISD's 42 campuses and for communicating the needs of the district to the public and the public's expectations to the district; and • WHEREAS, local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; and WHEREAS, local school board members are committed to children and believe that all children can be successful learners, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim January 2007 as "SCHOOL BOARD OF TRUSTEES RECOGNITION MONTH" in the City of Round Rock and urge all citizens to join me in recognizing the dedication and hard work of local school board members and to work with them to mold an educational system that meets the needs of both today's and tomorrow's children. PROCLAIMED this 11th day of January, 2007. CITIZENS COMMUNICATIONS: Nelson Nagle, 400 West Main, asked the Council "to do the right thing" regarding Executive Session item 14C. Efrain Davila, Sr., 1703 Indian Camp, spoke on a mediated settlement of cases against the Immigration Reform Student Protesters. Walter Moreau, 3036 S. First, Ste 200, Austin, reported that a new Community Tax • Center in Round Rock opens next week at the Baca Center fro January 16-April 16. IRS- certified tax preparers will offer professional tax preparation services at no cost for families within a certain salary range. PROCLAMATIONS: 7.A. Consider Proclaiming January 11 2007 as Coach John Langerhans Day. This item was addressed earlier in the meeting. 7.B. Consider Proclaiming January as School Board of Trustees Recognition Month 277 JANUARY 11, 2007 This item was addressed earlier in the meeting. 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. • *9.A. Consider approval of the December 18, 2006 and December 21, 2006 City Council meeting minutes. *13.C.2. Consider a resolution authorizing the Mayor to execute an agreement with Xpress Cleaners &Alterations for Police and Fire Department uniform cleaning services. *13.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Engineering Services Contract No. 1 with S.D. Kallman, LP for the Ray Berglund Area Development Proiect. MOTION: Councilmember Clifford moved to approve all the items listed in the consent agenda. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9.A. Consider approval of the December 18, 2006 and December 21, 2006 minutes. This item was approved under the consent agenda. PRESENTATIONS: 10.A.1. Consider a presentation concerning process improvements to the involuntary annexation public outreach process. Jim Stendebach, Planning and Community Development Director made the staff presentation. He explained the improvements to the process that would provide a better understanding of an annexation to owners of property proposed for annexation. PUBLIC HEARINGS: 11.A.1. Consider public testimony regarding the application filed by Koontz/ • McCombs 1, Ltd., to rezone 17.889 acres located at the intersection of Hesters Crossing Road and La Frontera Boulevard from PUD 39 District to PUD 72 District. Jim Stendebach, Planning and Community Development Director made the staff presentation. The subject property is currently part of the La Frontera West Planned Unit Development (PUD 39). The owner has requested a rezoning that would remove the property from this PUD and create a new PUD just for the 18 acres owned by Koontz/McCombs. Mayor Pro-tem McGraw opened public hearing. 278 JANUARY 11, 2007 Erica Escobar of Bracewell & Giuliani, 106 S. St. Mary's St., Ste 800, San Antonio, spoke in opposition of the rezoning of 17.889 acres from PUD 39 to PUD 72 on behalf of the owners of Lakeside and Enclave Apartments at La Frontera. There being no further testimony, the public hearing was closed. ORDINANCES: 12.A.1. Consider an ordinance rezoning 17.889 acres located at the intersection of • Nesters Crossing Road and La Frontera Boulevard from PUD 39 District to PUD 72 District. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(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 17.889 ACRES OF LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 39 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PUD NO. 72 (PLANNED UNIT DEVELOPMENT). 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 Pro tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present. 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 ACTION: The motion carried unanimously. RESOLUTIONS: 13.A.1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 • with RGM Constructors, L.P., for additional construction services for Kiphen Road Phase II (from Missouri, Kansas, Texas Right-of-Way to Red Bud Lane). Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. Additional funding is required for modifications to the Traffic Control Plan.and the addition of low profile traffic barriers to protect the public in the current work zone. The amount of Change Order No. 2 is $89,995.69. RESOLUTION NO. 279 JANUARY 11, 2007 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the Kiphen Road, Phase II Construction Project, and WHEREAS the Council has determined that it is necessary 9y 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 Kiphen Road, 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 11th day of January, 2007. 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 13.B.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 Frost Yer Fanny Duathlon. Rick Atkins, Parks and Recreation Director made the staff presentation. The Frost Yer Fanny Duathlon is being held in Round Rock on January 21, 2007 in conjunction with the South Mid-West Regional Annual Conference and Multi-Sport Celebration. 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 Red Bud Lane to Harrell Parkway be closed on January 21, 2007 from 8:30 o'clock a.m. to 11:00 o'clock a.m. for the Frost Yer Fanny Duathlon ("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 Frost Yer Fanny Duathlon 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. 280 JANUARY 11, 2007 RESOLVED this 11th day of January, 2007. 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 Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 13.C.1. Consider a resolution authorizing the Mayor to execute an interlocal agreement with the Texas Department of Public Safety. This law enforcement agreement wouldP rovide resources for the interdiction of trans-border criminal activity. 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 Cooperation Contract with the Texas Department of Public Safety for the Border Security Enhancement Operations 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 with the Texas Department of Public.Safety, 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 andsubject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 January, 2007. 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 ACTION: The motion carried unanimously. *13.C.2. Consider a resolution authorizing the Mayor to execute an agreement with Xpress Cleaners & Alterations for Police and Fire Department uniform cleaning services. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Rock has duly advertised for bids for uniform cleaning services, and WHEREAS, Xpress Cleaners &Alterations has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Xpress Cleaners &Alterations, Now Therefore BE IT RESOLVED BY 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 Cleaning and Alteration Services for Police and Fire Department 2 81 JANUARY 11, 2007 Uniforms with Xpress Cleaners &Alterations, 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 January, 2007. • 13.D.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with URS Corporation for the Citywide Stormwater System Mapping Project. Danny Halden, P.E., City Engineer made the staff presentation. This contract will enable staff to map the City's Stormwater System and track the location and number of storm drain inlets, linear feet of storm sewer lines, number of detention and water quality ponds, number of outfalls, miles of grass-lined and concrete-lined channels. In addition, it would track various components associated with the upcoming Municipal Separate Storm Sewer System (MS4) Phase II permit. The amount of this contract is $149,938.16. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Citywide Stormwater System Mapping Project, and WHEREAS, URS Corporation has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with URS Corporation, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with URS Corporation for the Citywide Stormwater System Mapping 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 11th day of January, 2007. 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 • ACTION: The motion carried unanimously. *13.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Engineering Services Contract No. 1 with S.D. Kallman. LP for the Ray Berglund Area Development Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with S.D. Kallman, LP for the Ray Berglund Area Development Project, and WHEREAS, S.D. Kallman, LP has submitted Supplemental Contract No. 1 to the Contract to modify the provisions for the scope of services, and 282 JANUARY 11, 2007 WHEREAS, the City Council desires to enter into said Supplemental Contract No. 1 with S.D. Kallman, LP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with S.D. Kallman, LP , 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 January, 2007. EXECUTIVE SESSIONS: The Council recessed to the Executive Chamber for the Executive Session. Mayor Pro-tem McGraw dispensed with the order of the Executive Session items with the unanimous consent of all the Councilmembers present and addressed the following item. 14.B. Consider Executive Session as authorized by 5 551.071 Government Code, related to pending litigation to wit: Tellez et al v. City of Round Rock, Texas and the Round Rock Independent School District Civil Action No. A06CA1000LY, U.S. District Court, Western Division, Austin Division. The Executive Session for this item was called to order at 7:50 p.m. and adjourned at 8:50 p.m. Mayor Maxwell returned to the meeting at this point. 14.A. Consider Executive Session as authorized by q 551.071 Government Code, related to pending litigation to wit: The City of Round Rock vs. Martin and Pamela Cirkiel, • . Cause No. 04-0521-CC2, County Court at Law Number Two of Williamson County, Texas. The Executive Session for this item was called to order at 8:52 p.m. and adjourned at 9:09 p.m. 14.B. Consider Executive Session as authorized by � 551.071 Government Code, related to pending litigation, to wit: Tellez, et al v. City of Round Rock, Texas and the Round Rock Independent School District, Civil Action No. A06CA10001-Y, U.S. District Court, Western Division, Austin Division. This item was addressed at the beginning of the Executive Session. 14.C. Consider Executive Session as authorized by 8551.071 Government Code, related to pending or contemplated litigation, to wit: Nelson L. Nagle, Nagle Holdings, LP, and Round Rock Development Group, LLC. The Executive Session for this item was called to order at 9:10 p.m. and adjourned at 9:28 p.m. The Council returned to the Council • Chamber to address the remaining items on the agenda. ACTION RELATIVE TO THE EXECUTIVE SESSION: 15.A. Consider discussion and/or possible action related to The City of Round Rock vs. Martin and Pamela Cirkiel, Cause No. 04-0521-CC2, County Court at Law Number Two of Williamson County, Texas lawsuit. z 233 JANUARY 11, 2007 MOTION: Councilmember Rhode moved to that the previous offer of $330,000 be reaffirmed because the improvements that were made will enhance the property. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas is Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15.B. Consider discussion and/or possible action related to pending or contemplated litigation to wit: Nelson L Nagle Nagle Holdings LP and Round Rock Development Group, LLC. MOTION: Mayor Pro-tem McGraw moved that in order to settle the pending or contemplated litigation with respect to the ownership of 309 W. Main Street and 110 S. Harris owned by Nagle Holdings LP an offer of $6,350.00 be made to resolve all the claims and issues concerning the recent applications for these properties and no offer be made for the application regarding 400 W. Main Street owned by Round Rock Development Group, LLC. 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. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:36 p.m. Respectfully Submitted, � yLv >p ry Christine R. Martinez, City Secreta • 284 JANUARY 25, 2007 The Round Rock City Council met Regular Session.on Thursday, January 25, 2007 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 following Pledges of Allegiance. • A. United States Flag B. Texas State Flag 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, Assistant City Manager David Kautz and City Y Attorne Steve Sheets. CITIZENS COMMUNICATIONS: None CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *6.A. Consider approval of the January 11, 2007 City Council meeting minutes. • *8.C.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Speedy Stop Food Stores, LTD. (Parcels 1, 2, 3) (First Reading) *8.C.2. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System Improvement Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Craig Davidson and Kathleen Davidson. (Parcel 4E) (First Reading) *8.C.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System • Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Robert Casadonte. (Parcel 16) (First Reading) MOTION: Councilmember Williamson moved to approve all the items on the consent agenda. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas y, R 285 JANUARY 25, 2007 Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. *8.C.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System • Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Speedy Stop Food Stores, LTD. (Parcels 1, 2, 3) (First Reading) 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. *8.C.2. Consider an ordinance determining the public necessity for the acquisition • of certain property interests for the proposed Lake Georgetown-Raw Water System Improvement Proiect, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Craig Davidson and Kathleen Davidson. (Parcel 4E) (First Reading) MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember 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. • *8.C.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Robert Casadonte. (Parcel 16) (First Reading) 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 Rhode seconded the motion. 28 `. JANUARY 25, 2007 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: • *6.A. Consider approval of the January 11 2007 City Council meeting minutes. This item was approved under the consent agenda. PRESENTATIONS: 7.A.1. Consider a presentation concerning the Event Facilities Assessment Report prepared by Economics Research Associates (ERA). David Kautz, Assista.nt City Manager made the staff presentation. Economics Research Associates (ERA) was retained by the City in May 2006 to analyze alternative concepts for a major new event facility that could be developed in Round Rock. A portion of the funding for the study was provided by the Round Rock Chamber of Commerce. The purpose of ERA's assignment was to provide analytical information necessary for the City Council and business community to make the most appropriate investment decision regarding whether a new event facility should be developed, and if so, what the most appropriate type of facility would be. The objectives of • the study included research of at least five facility types suitable for the community. Those were-a Performing Arts Center, Civic Center, Convention Center/Conference Center, Special Events Center, and an Arena. The consultant interviewed a broad cross-section of people in the community regarding their views, preferences and goals concerning a possible event facility. The consultant then identified and examined facilities in comparable markets, where possible, to determine their functionality and potential for best meeting the preferences and goals discussed in the community interviews. The report summarizes the consultant's findings and has a great deal of detailed information about each of the event center types that were examined. In addition, the report offers insight about how various event facility types tend to function and perform. The report also included that some type of public-private partnership would be necessary to bring this project to fruition because of the limited ability of any of the facility types to fully cover costs. Therefore, a future business partner would • influence the location and specific facility characteristics. 7.6.1. Consider a presentation from the Task Force to Encourage Philanthropy for Arts and Cultural Activities. Dale Ricklefs, Library Director introduced this item and briefly outlined the purpose of the Task Force. John Gordon, Task Force Chairperson gave an overview the Task Force's duties and the research of inventory they conducted concerning the following: 287 JANUARY 25, 2007 • existing performing and visual arts groups and venues in Round Rock, • needs of existing groups for such venues, • possible funding sources, and • a proposed non-profit structure for the funding of such groups and venues. The recommendation of the Task Force follows. The City of Round Rock should work on building its Arts infrastructure. Funds from private citizens, the City of Round Rock, the Round Rock Independent • School District, and Texas State University at Round Rock should be used to construct a Performance Center to be used jointly by the three entities. The City of Round Rock should utilize a portion of its "Hotel Occupancy Tax" for funding Arts Programs and facilities to benefit hotel/motel occupants. • The City of Round Rock should establish a `percentage of construction cost for Art" requirement for beautifying new public and private developments. • The City of Round Rock should establish an "admissions tax" on ticket sales for public events to fund Arts Programs. • An IRS approved 501(c)(3) non-profit Texas Corporation titled "Round Rock Arts Society" should be established under the joint control of the City of Round Rock, Round Rock Independent School District, Texas State University at Round Rock Higher Education Center, Round Rock Chamber of Commerce and local non-profit Arts corporations. ORDINANCES: 8.A.1. Consider an ordinance establishing a Residential Parking District along Plantation Cove. (First Reading) (Requires two readings) Thomas G. Martin, P.E., Transportation Director made the staff presentation. This ordinance will reduce parking on • Plantation Cove by non-residents, school personnel from Old Town Elementary School and parents dropping off and picking up children from this school during and after school hours. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1800, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY PROVIDING FOR A RESIDENTIAL PARKING DISTRICT ADJACENT TO OLD TOWN ELEMENTARY SCHOOL; PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS OF SAID ORDINANCE; 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 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None Absent: U1. Mayor Pro-tem McGraw • ACTION: The motion carried unanimously. 8.B.1. Consider an ordinance Authorizing the Issuance, Sale and Delivery of City of Round Rock, Texas Hotel Occupancy Tax Revenue Refunding Bonds, Series 2007; Approving and Authorizing an Official Statement and the Distribution Thereof; Authorizing the Execution of a Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an Escrow Agreement; Calling Certain Bonds for Redemption and Approving and Authorizing All Other Instruments and Procedures Related Thereto. (First Reading) Cindy Demers, Finance Director made the staff presentation. In 1999, the City issued $8,605,000 in Hotel 288 JANUARY 25, 2007 Occupancy Tax Revenue Bonds to finance the City's portion of the Dell Diamond/United Heritage Convention Center complex. Currently, $8,395,000 principal remain outstanding. This transaction will advance refund all outstanding bonds and provide a present value benefit of approximately $403,000 or 4.79% of the refunded principal. This savings is achieved due to lower market interest and improved credit of the hotel occupancy tax revenue bonds. • Garry Kimball, Financial Advisor, First Southwest Company and Carol Polumbo, Bond Counsel, McCall Parkhurst provided information concerning the bonds. ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF ROUND ROCK, TEXAS HOTEL OCCUPANCY TAX REVENUE REFUNDING BONDS, SERIES 2007; APPROVING AND AUTHORIZING AN OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT, A PAYING AGENT/REGISTRAR AGREEMENT AND AN ESCROWS AGREEMENT; CALLING CERTAIN BONDS FOR REDEMPTION AND APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS AND PROCEDURES RELATED THERETO. 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 Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. *8.C.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System • Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Speedy Stop Food Stores, LTD. (Parcels 1, 2, 3) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.156 ACRES; 1.27 ACRES; 1.36 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE CITY OF ROUND ROCK RAW WATER r, 289 JANUARY 25, 2007 SYSTEM IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *8.C.2. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent • domain proceedings to acquire this needed property from Craig Davidson and Kathleen Davidson..(Parcel 4E) (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.119 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE CITY OF ROUND ROCK RAW WATER SYSTEM IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. *8.C.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Lake Georgetown Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Robert Casadonte. (Parcel 16) • (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.116 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE CITY OF ROUND ROCK RAW WATER SYSTEM IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. RESOLUTIONS; 9.A.1. Consider a resolution determining that Chasco Constructors submitted the proposal offering the best value to the City of design-build for the construction of the "New East Entrance Gate for Dell Diamond." David Kautz made the staff presentation. The Council authorized the "Design Build" alternative delivery system for the New East Entrance • Gate for Dell Diamond on December 21, 2006. The new entrance will improve access to east parking lot of the Dell Diamond in time for the next baseball season. The City advertised and received one proposal on January 8, 2007 for the construction of the New East Entrance Gate for Dell Diamond. Chasco Constructors submitted a bid for $191,000. He noted that the improvements will be funded from the Capital Improvement fund account and will not exceed $200,000. Reid Ryan outlined the improvements would be made regarding the new East Entrance Gate for Dell Diamond. .2 ,9 0 JANUARY 25, 2007 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised its Request for Qualifications to obtain services for the design and construction of the New East Entrance Gate for Dell Diamond, and WHEREAS, Chasco Constructors submitted the proposal offering the best value for the City on the basis of the City's published selection criteria and its ranking evaluations, and WHEREAS, the City Council wishes to negotiate a contract with the selected offeror, Chasco Constructors, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Chasco'Constructors for the design and construction of the New East Entrance Gate for Dell Diamond, if negotiations produce a mutually satisfactory contract. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings.Act, Chapter'551, Texas Government Code, as amended. RESOLVED this 25th day of January, 2007. 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 Maxwell Nays: None Absent: Mayor Pro-tem McGraw • ACTION: The motion carried unanimously. 9.B.1. Consider a resolution authorizing the Mayor to execute a construction contract with Keystone Construction, Inc. for the Raw Water Delivery System - Pumps Improvement Project. Michael Thane made the staff presentation. The City Water Treatment Plant (WTP) was expanded to a capacity of 48 million gallons per day (mgd) with the completion of the Phase V plant expansion. The Raw Water Pump Station located on Lake Georgetown currently delivers 39 mgd to the WTP. This contract will authorize the construction of improvements to said Raw Water Pump Station for the delivery of. 48 mgd to the WTP, as designed by Camp Dresser & McKee, Inc. On November 28, 2006 the City received three (3) bids for this project. Keystone Construction, Inc. submitted the low bid for $4,218,317.14. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Raw Water • Delivery System - Pumps Improvements Project, and WHEREAS, Keystone Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Keystone Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Keystone Construction, Inc. for the Raw Water Delivery System - Pumps 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 291 ]ANUARY 25, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of January, 2007. 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 Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.B.2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 to the construction contract with Keystone Construction, Inc. for the Raw Water Delivery System - Pumps Improvement Project. Michael Thane, Utility Director made the staff presentation. The City is in the process of getting approval from TCEQ to re-rate the WTP to 52 mgd. Therefore, because of the re-rating of the plant, the City asked the Design Engineering, (CDM), to negotiate with Keystone the cost to the City to increase the capacity to 52 mgd. The result of the negotiations provided a reasonable cost of $871,9'67.18 for an additional 4 mgd of raw water capacity for about 22 cents per gallon. • RESOLUTION N0. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Keystone Construction, Inc. for the Raw Water Delivery System - Pumps 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. 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 Keystone Construction, Inc. for the Raw Water Delivery System - Pumps 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 25th day of January, 2007. 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. 9.C.1. Consider a resolution adopting the City of Round Rock's Legislative Program for the 80th Legislative Session. Steve Sheets made the staff presentation. He outlined the 29 .2 JANUARY 25, 2007 issues, which are of great concern to the citizens of Round Rock in this Legislative Session. Having a formal adopted legislative agenda aides the City's lobbying efforts by giving added credibility to the City's representatives. RESOLUTION NO. WHEREAS, the 80th Legislative Session began on January 9, 2007; and WHEREAS, the City Council for the City of Round Rock ("City") is requesting that the members of Williamson County delegation introduce certain legislation deemed necessary by the City; and WHEREAS, the City Council also requests that the Williamson County delegation oppose certain legislation that is harmful to the City and its citizens;-and WHEREAS, the City Council authorizes the City's representatives to oppose any legislation that limits the existing authority of the City to govern its own affairs and oppose the imposition of any state mandates that do not provide for a commensurate level of state funding, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Williamson County delegation be requested to assist the City with the following legislative proposals, and that the Mayor, Councilmembers, City Manager, City Attorney, City staff members, and the City's legislative representatives be authorized to testify on behalf of the City for or against the following proposals as appropriate: 1. Streamlined Sales Tax The City is requesting its local delegation to opposed any change in the sales tax sourcing rule currently in place. 2. Texas State University Appropriations The City is requesting its local delegation to support any and all requests by Texas State University for expansions or improvements to the Higher Education Center in Round Rock, including but not limited to, a new school of nursing. 3. City's Authority to Serve Utilities in its Extraterritorial Jurisdiction The City is requesting its local delegation to support any proposed legislation that would give preference to a City over other utility providers to serve the area within the City's corporate limits and/or extraterritorial jurisdiction. 4. Opposition to Certain Legislation Limiting Existing Authority Regarding Sales • Tax Property Tax and Adoption of the Annual Budget The City is requesting its local delegation to oppose any legislation that will place appraisal caps on property beyond the ten percent (10%) currently mandated by law; any legislation that would place revenue caps on the City; any expansion of the sales-tax that does not allow the City to include their portion on the item; and any legislation that would limit the City Council's existing authority to adopt a tax rate and/or approve the annual budget for the City. 5. Opposition to Certain Legislation Limiting Existing Authority to Annex Additional Property Zone Property Regulate Development and Acquire Property for Public Purposes Through Eminent Domain The City is requesting its local delegation to oppose any legislation that would limit City's existing authority to annex additional property to the City, to zone and re-zone property, regulate the development of property, and to acquire private property for public purposes through the power of eminent domain. BE IT FURTHER RESOLVED, That the Mayor, Councilmembers, City Manager, City Attorney, City staff members, and the City's legislative representatives be authorized to testify in opposition to any legislation that would limit or erode the City's power to self-govern, or in any way be of detriment to the City's authority to exercise the powers prescribed by the citizens of the City in their elected officials and oppose the imposition of any state mandates that do not provide for a commensurate level of state funding. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government.Code, as amended. RESOLVED this 25th day of January, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode 293 JANUARY 25, 2007 Councilmember Williamson Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw ACTION: The motion carried unanimously. 9.C.2. Consider a resolution approving the Preliminary Official Statement Relating to the Behrens Ranch Public Improvement District Special Assessment Revenue Bonds, • Series 2007 (Behrens Ranch Subdivision Project) and Authorizing Distribution of Preliminary Official Statement and Other Matters. David Kautz, Assistant City Manager made the staff presentation. In April 2000, the City created the Behrens Ranch Public Improvement District (PID). The City agreed to levy assessments on property within the PID to reimburse the Developer (Behrens Subdivision, LTD) for the costs of public improvements for the development including water, wastewater, irrigation, road and drainage facilities. The City agreed to use its best efforts to sell bonds for reimbursement of the improvements. Garry Kimball of First Southwest Company, the City's Financial Advisor and Carol Polumbo of McCall, Parkhurst & Horton the City's Bond Counsel provided information regarding the Revenue Bonds. RESOLUTION NO. A RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT RELATING TO BEHRENS RANCH PUBLIC IMPROVEMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2007 (BEHRENS RANCH SUBDIVISION PROJECT) AND AUTHORIZING DISTRIBUTION OF • PRELIMINARY OFFICIAL STATEMENT AND OTHER MATTERS WHEREAS, upon petition of the landowner, Behrens Subdivision Ltd., (the "Developer"), the City Council of the City of Round Rock, Texas (the "City") on April 27, 2000 passed Resolution No. R-00-04-27-12E1 which authorized and approved the creation of the Behrens Ranch Public Improvement District (the "District") which authorization and creation became effective May 3,2000; and WHEREAS, the City Council also entered into a Development Agreement dated as of December 2 1,2000 with the Developer concerning the District and in such agreement the City, acting through the District agreed to use its best efforts to sell bonds to reimburse the Developer for certain improvements assuming compliance with the conditions of the Development Agreement including receipt by the City of the recommendation of First Southwest Company, the City's financial advisor ("Financial Advisor"), that the sale and amount of bonds to be issued is feasible and prudent; and WHEREAS, the City's Financial Advisor has recommended the issuance of bonds to reimburse the Developer; and WHEREAS, the City's Financial Advisor has prepared a Preliminary Official Statement in connection with the issuance of the City's Behrens Ranch Public Improvement District Special Assessment Revenue Bonds; Series 2007 (Behrens Ranch Subdivision Project) (the "Bonds"); and WHEREAS, the City has reviewed the Preliminary Official Statement; and WHEREAS, the City deems it appropriate to approve the Preliminary Official Statement and authorize the distribution of the Preliminary Official Statement as set forth below; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY • OF ROUND ROCK, TEXAS THAT: Section 1. APPROVAL AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT. The City Council hereby approves the Preliminary Official Statement substantially in the form attached hereto as Exhibit"A" with such changes, additions or deletions as directed by the City Council and City staff. The Financial Advisor to the City is hereby authorized and directed to distribute the Preliminary Official Statement to the Underwriter for further distribution to potential bond purchasers and to do all things necessary to market such Bonds. Section 2. CONDITIONS TO REIMBURSEMENT OF DEVELOPER. Prior to the release of funds to the Developer for the acquisition of qualified improvements, the Developer must provide evidence satisfactory to the City that: (i) the Green Belt Tract within the District, as identified in the Compromise and Settlement Agreement and Release dated December 17,2004 between the Developer and certain homeowners, has been conveyed to the Behrens Ranch Master Association or other approved entity or such property is otherwise held by such entity as agreed to by the homeowners association and 294 JANUARY 25, 2007 (ii) the assessments on the Green Belt Tract as well as all City land within the District, which are assessed, have been prepaid or satisfactory arrangements have been made for such prepayment. Section 3. OTHER MATTERS. The Mayor, City Manager, Assistant City Manager/Chief Financial Officer or Director of Finance of the City are authorized to do all things proper and necessary to carry out the intent hereof, including the approval of appropriate changes to the Preliminary Official Statement. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter-551, Texas Government Code, as amended. RESOLVED this 25t' day of January, 2007. MOTION: Councilmember Honeycutt 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. 9.C.3. Consider a resolution authorizing the Mayor to execute on behalf of the Behrens Ranch PID the financing instructional letter from Beal Bank, S.S.B. and Behrens Subdivisions, LTD. David Kautz, Assistant City Manager made the staff presentation. In April 2000, the City created the Behrens Ranch Public Improvement District (PID). The City agreed to levy assessments on property within the PID to reimburse Behrens Subdivision, LTD (the Developer) for the costs of public improvements for the development. A lawsuit was filed against the developer by a lender, Beal Bank, to recover an amount owed under an Agreement and Assignment of Net Profits Interest between the parties. In October 2006, the parties reached a settlement. Pursuant to the settlement agreement, the Developer will pay an agreed upon sum to Beal Bank out of the first proceeds of any kind received from PID receipts. This item acknowledges the settlement and agrees to make a payment up to $750,000 to Beal Bank out of funds that are to be provided to the Developer. RESOLUTION NO. WHEREAS, upon petition of the land owner, Behrens Subdivision, Ltd., ("Behrens"), the City Council of the City of Round Rock, Texas (the "City") on April 27, 2000 passed Resolution No. R-00-04-27-12E1 which authorized and approved the creation of the Behrens Ranch Public Improvement District (the"District") which authorization and creation became effective May 3, 2000; and • WHEREAS, Behrens and Beal Bank, S.S.B. ("Beal") are parties to an Agreement and Assignment of Net Profits Interest; dated May 28, 1999 (the "NPI Agreement"); and WHEREAS, Beal, Behrens and Independence Title Company ("Escrow Agent") have entered into an Escrow Agreement regarding disbursements of monies to be paid to Behrens by the District, and WHEREAS, Beal Bank and Behrens are requesting that the City pay the Escrow Agent the sum of $750,000.00 from District assessments or from bond proceeds, after deduction of any required reserves, administrative fees and assessment prepayments, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. The Mayor is hereby authorized to sign, on behalf of the Behrens Ranch Public Improvement District the letter dated January 9, 2007 regarding Beal Bank, S.S.B. - Loan to Behrens Subdivision, Ltd., said letter be attached hereto and incorporated herein as Exhibit "A". 295 JANUARY 25, 2007 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of January, 2007. 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. EXECUTIVE SESSION: 10.A. Consider Executive Session as authorized by q 551.071 Government Code, related to pending litigation, to wit: Teiiez, et a/ v. City of Round Rock, Texas and the Round Rock Independent School District, Civil Action No. A06CA1000LY, U.S. District Court, Western Division, Austin Division. This item was withdrawn from the agenda. COUNCIL COMMENTS: None ADJOURNMENT There being no further business, the meeting adjourned at 9:05 p.m. Resp ctfully Submitted//////y/ bw Christine R. Martinez, City Secretary • 296 PAGES 296 - 300 WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 55 297 29 299 300