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MINUTE BOOK 55 2007 1 FEBRUARY 8, 2007 The Round Rock City Council met Regular Session on Thursday, February 8, 2007, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem McGraw chaired the meeting in the absence of Mayor Maxwell and called the session to order at 7:00 p.m. • PLEDGE OF ALLEGIANCE ` Mayor Pro-tem McGraw led the following Pledges of Allegiance. A. United States Flag B. Texas Flag ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, and Councilmember Carlos T. Salinas. Mayor Nyle Maxwell was absent for the Regular Session but was present for the Executive Session. Councilmember Scott Rhode and Councilmember Ted Williamson were absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Dr. Mark Kupec, 115 Sundance Parkway, # 100, spoke on the Hester's Crossing road project. • James Juneau, 1600 Prairie Star, spoke on the skate park lighting. PROCLAMATIONS: S.A. Consider proclaiming February as Black History Month. Mayor Pro-tem McGraw read the following proclamation and presented it to Innocent Mole, Vice-President of Black Voice of Round Rock. WHEREAS, much of the City of Round Rock's honor, strength and stature can be attributed to the diversity of cultures and traditions that are celebrated by the residents of this great region; and WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm the importance of Black History throughout our American experience, which goes back thousands of years and includes some of the greatest, most advanced and innovative societies in our history that we can all draw inspiration from; and WHEREAS, Black History Month is a time for all Americans to remember the stories and teachings of those who helped build our nation, took a stance against prejudice to build lives of dignity and opportunity, advanced the cause of civil rights, and strengthened families and communities; and WHEREAS, the Black Voice of Round Rock, is a group of education, business and community professionals organized to carry out programs for educational enhancement, economic empowerment and civic involvement among African-Americans, other minority • groups and disadvantaged persons; and WHEREAS, the Black Voice of Round Rock will host a Black History Month celebration on Saturday, February 24 with an inspiring program and luncheon at Round Rock Independent School District's Performing Arts Center, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim the month of February 2007 as "BLACK HISTORY MONTH" in the City of Round Rock and encourage all citizens to join me in recognizing Black History Month and urge everyone to participate in the Black Voice of Round Rock's celebration at the Round Rock Independent School District's Performing Arts Center. PROCLAIMED this 81h day of February 2007. CONSENT AGENDA: 2 FEBRUARY 8, 2007 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 January 25 2007 minutes *10.A.1. Consider an ordinance establishing a Residential Parking District along Plantation Cove. (Second Readings • *11.E.2. Consider a resolution authorizing the Mayor to execute an agreement with TxDOT for the temporary closure of one westbound lane of US 79 for the annual Texas Road Rash Inline Skating Marathon. *11.F.1. Consider a resolution authorizing the Mayor to execute a Community, Development Block Grant funding agreement for $4,000 with Bluebonnet Trails PRIDE Early Childhood Intervention for adaptive seating devices for children. *11.F.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $5,000 with Round Rock Area Serving Center for the Prescription Assistance program. *11.F.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $7,500 with Round Rock Area Serving Center for a walk-in cooler. • *11.F.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $8,884 with Easter Seals-Central Texas for a medical rehab project. *11.F.5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $21,671 with Williamson Burnet Counties Opportunities (WBCO) for childcare scholarships for Head Start and at-risk children. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Rhode Councilmember Williamson • ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the January 25, 2007 minutes. This item was approved under the consent agenda. PRESENTATIONS: FEBRUARY 8, 2007 8.A.1. Consider a presentation by Joe Garcia of Union Pacific Railroad concerning various proiects within the City of Round Rock. Joe Garcia of Union Pacific Railroad gave a brief report on the following projects within the City. • Red Bud Lane and County Road 122 • St. Williams Street • Sam Bass Road • Arterial "A" • 8.B.1. Consider a presentation on the Transportation Capital Improvement Program (TCIP) quarterly report. Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. 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. The TCIP quarterly report documents the accomplishments, activities, and potential changes in activities as it may relate to transportation system improvements. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the application filed by A. H. Robinson, III, to zone 23.0 acres at the northwest corner of FM 620 and Wyoming Springs Boulevard, to C-1a (General Commercial - Limited(. (Also known as the Robinson Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. • The voluntary annexation of 23 acres known as the Robinson Tract will allow the opportunity to grant original zoning of C-1a (General Commercial - Limited) for this tract which is located at the intersection of Wyoming Springs Drive and FM 620, west of St. David's Medical Center (also known as Round Rock Hospital). Mayor Pro-tem McGraw opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: *10.A.1. Consider an ordinance establishing a Residential Parking District along Plantation Cove. (Second Reading) This item was approved under the consent agenda. 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. RESOLUTIONS: 11.A.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation amending the Transportation Capital Improvement Program (TCIP). Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. He reported that the Transportation System Development Corporation approved funding for the following two amendments to the TCIP. 4 FEBRUARY 8, 2007 • Provide additional funding for FM 1460 for $500,000. The funds are required for relocating and removing City utilities prior to widening FM 1460 by the Texas Department of Transportation. The project limits are Old Settlers Boulevard to 0.9 miles north of US 79. • Provide additional funding for Transportation Consulting in the amount of $350,000. The funds are required to prepare the 10-year update to the Transportation Master Plan and increase the available budget for general transportation consulting. Tom Word, Chief of Public Works Operations explained that the proposed amendment to the TCIP for additional funding concerning the IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement Project needs further review by staff to reexamine the cost of the project because what was a $8-9 million project in 2002 is now a $16-18 million project. At the request of staff, the Transportation System Development Corporation tabled this amendment to the TCIP. Mr. Word reported that as a part of the review staff asked HDR/WHM to conduct an update of the previous study based on what exists today. Heidi Ross, P.E. of HDR/WHM outlined the results of the updated study. 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 8th day of February, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell • Councilmember Rhode Councilmember Williamson ACTION: The motion carried unanimously. 11.A.2. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement Amendment #1 with the Texas Department of Transportation for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement. This item was withdrawn from the agenda because funding for this item was tabled by the Transportation System Development Corporation at the request of staff. FEBRUARY 8, 2007 11.A.3. Consider a resolution authorizing the Mavor to execute Supplemental Agreement No. 2 with Rodriguez Transportation Group, Inc. for the A.W. Grimes Boulevard Project. Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. This supplemental agreement is for engineering services that include inspection extensions due to project delays; development of any new construction • documents; engineering services that include turn lane(s); continuous and additional Union Pacific Railroad coordination; assistance with project letting; construction support and field change documentation. The amount of the agreement is $147,612.50. RESOLUTION NO. WHEREAS, the City of Round Rock has:.,previously entered into a Contract for Engineering Services (`Contract") with Rodriguez Transportation Group, Inc. for the A.W. Grimes Boulevard Project, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted Supplemental Contract No. 2 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. 2 to the Contract with Rodriguez Transportation Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 2 to the Contract with Rodriguez Transportation Group, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 8th day of February, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Rhode Councilmember Williamson ACTION: The motion carried unanimously. 11.B.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation requesting financial assistance from the State Infrastructure Bank (SIB) in an amount up to $19,000,000 for the construction of IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement Project. • This item was withdrawn from the agenda at the request of staff. 11.C.1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Champion Site Prep for the Rock'n River Family Aguatic Center Parking Lot Extension. Danny Halden, P.E., City Engineer made the staff presentation. In the initial year of operation of the Rock'n River Aquatic Center, the patronage exceeded the capacity of the parking provided. This project will provide additional paved parking with associated 6 FEBRUARY 8, 2007 landscaping and irrigation at the Rock'n River Aquatic Center. The base bid $195,030.75 does not include Add Alternate No. 1 for landscaping at the soccer field parking lots. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Rock'n River Family Aquatic Center Parking Lot Extension, and WHEREAS, Champion Site Prep has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Champion Site Prep, Now Therefore • BE IT RESOLVED BY THE 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 Champion Site Prep for the Rock'n River Family Aquatic Center Parking Lot Extension. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Rhode Councilmember Williamson • ACTION: The motion carried unanimously. r 11.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 2 to the Engineering Service Contract with Camp Dresser & McKee. Inc. (CDM) for the 2005 Raw Water Delivery System Improvements. Michael Thane, Water and Wastewater Utilities Director made the staff presentation. This Supplemental Agreement is for additional services required of CDM related to the City's Texas Water Development Board Loan in the amount of $12,000,000.00 for the 2005 Raw Water Delivery System Improvements Project and the City's request of CDM to re-design this project to deliver 52 million gallons per day (mgd) and not the original design of 48 mgd. This agreement is for $148,409.00. 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. 2 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. 2 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. 2 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 a. 7 FEBRUARY 8, .2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford • Councilmember Salinas Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Rhode Councilmember Williamson ACTION: The motion carried unanimously. 11.D.2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding Ancillary Consulting Services for Regional Water System with the City of Cedar Park and the City of Leander. Michael Thane, Water and Wastewater Utilities Director made the staff presentation. This Interlocal agreement will authorize the City Manager's of the three cities to engage the ancillary consulting services as they become necessary for the Regional Water Treatment Plant. The services will include, among other items, surveying, land acquisition, real estate appraisals, permitting and environmental consultants. The costs of the consulting services will be shared in accordance with.the cities' • capacity in the regional plant. 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 Ancillary Consulting 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 Ancillary Consulting 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 8th day'of February, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. • Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Rhode Councilmember Williamson ACTION: The motion carried unanimously. FEBRUARY 8, 2007 11.E.1. Consider a resolution authorizing the City Manager to issue a purchase order to Musco Lighting for facility lighting at the Skatepark in Greater Lake Creek Park. Rick Atkins, Parks and Recreation Director made the staff presentation. Facility lighting is needed at the skate park to allow for nighttime use of the facility. The amount of the purchase order is $48,962.00. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") desires to purchase facility lighting for the Skatepark in Greater Lake Creek Park, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Musco Lighting is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order. to Musco Lighting, 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 Musco Lighting for the purchase of facility lighting for the $katepark in Greater Lake Creek Park. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Clifford; Councilmember Salinas; Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Rhode Councilmember Williamson ACTION: The motion carried unanimously. *11.E.2. Consider a resolution authorizing the Mayor to execute an agreement with TxDOT for the temporary closure of one westbound lane ofi US 79 for the annual Texas Road Rash Inline Skating Marathon. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the right lane of US 79, westbound from CR 122 to Harrell Parkway be closed on Sunday, March 25, 2007 from 5:30 o'clock a.m. to 1:00 o'clock p.m. for the • Texas Road Rash Inline Skating Marathon ("Event"), and WHEREAS, the City Council has determined that the Event will serve a legitimate public purpose, and WHEREAS, City Council wishes to enter into an Agreement for the Temporary Closure of State Right-of-Way with TxDOT authorizing the closure of US 79 as set forth above, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF;ROUND ROCK, TEXAS, That the Texas Road Rash Inline Skating Marathon will serve a legitimate public purpose, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to: execute on behalf of the City an Agreement for the Temporary Closure of State Right-of-Way with the Texas Department of 9 , FEBRUARY.8, 2007 Transportation, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council.hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. • *11.F.1. Consider a resolution authorizing the Mayor to execute a Community, Development Block Grant funding agreement for $4,000 with Bluebonnet Trails PRIDE Early Childhood Intervention for adaptive seating devices for children. This item was approved under the consent agenda. RESOLUTION.NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Bluebonnet Trails PRIDE Early Childhood to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Bluebonnet Trails PRIDE Early Childhood for adaptive seating devices for children, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with Bluebonnet Trails PRIDE Early Childhood for adaptive seating devices for children, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code,-as amended. RESOLVED this 8th day of February, 2007. *11.F.2. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $5,000 with Round Rock Area Serving Center for the Prescription Assistance program. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with the Round Rock Area Serving Center for the Prescription Assistance program, Now Therefore '`` ` • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with the Round Rock Area Serving Center for the Prescription Assistance program, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. 10 FEBRUARY 8, 2007 *11.F.3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $7,500 with Round Rock Area Serving Center for a walk-in cooler. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and • WHEREAS, the City of Round Rock wishes to engage the Round Rock Area Serving Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with the Round Rock Area Serving Center for a walk-in cooler, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to:execute on behalf of the City, a Community Development Block Grant Agreement with the Round Rock Area Serving Center for a walk-in cooler, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at 'all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. *11.F.4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement for $8,884 with Easter Seals-Central Texas for a medical rehab proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Easter Seals - Central Texas to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Easter Seals - Central Texas for the'Medical Rehabilitation Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with Easter Seals - Central Texas for the Medical Rehabilitation Program, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. *11.F.5. Consider a resolution authorizing the Mayor to execute a Community, • Development Block Grant funding agreement for $21,671 with Williamson Burnet Counties Opportunities (WBCO) for childcare scholarships for Head Start and at-risk children. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has applied for'and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and ;, 11 FEBRUARY 8, 2007 WHEREAS, the City of Round Rock wishes to engage Williamson-Burnet County Opportunities to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Williamson-Burnet County Opportunities for child care scholarships for Head Start and at-risk children, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with Williamson-Burnet County Opportunities for child care scholarships for Head Start and at-risk children, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of February, 2007. COUNCIL COMMENTS: None EXECUTIVE SESSION: 13.A. Consider Executive Session as authorized by 5551.071 Government Code, related to pending litigation, to wit: Te//ez, et a/ v. City of Round Rock, Texas and the Round Rock Independent School District, Civil Action No. A06CA1000LY, U. S. District Court, Western District, Austin Division. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Pro-tem McGraw at 8:27 p.m. and adjourned at 10:20 p.m. The Council returned to the City Council Chamber • for adjournment. ADJOURNMENT: There being no further business, the meeting adjourned at 10:21 p.m. R )pe ctfu l_ly Submitted, C ristine . artinez, City Secretary • 12 FEBRUARY 15, 2007 The Round Rock City Council met in Special Called Work Session on Thursday, February 15, 2007 at the United Heritage Center, Round Rock Room, 3400 Palm Valley Boulevard. 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, Also present were 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, Chief of Police Bryan Williams, Transportation Director Tom Martin, City Engineer Danny Haiden, Library Director Dale Ricklefs, Human Resources Director Teresa Bledsoe, Communications Director Will Hampton, Water/ Wastewater Director Michael Thane, Olivia Robinson, and Executive Assistant to the City Council. WORK SESSION: 3.A. Consider opening remarks by the City Manager. Jim Nuse, City Manager gave a brief overview of the agenda and the presentations • that will be made to the Council. 3.B. Consider a presentation and discussion regarding the following topics: 1. Budget David Kautzave an economic outlook for 2007-2008. He reported that the Cit 9 P Y continues to maintain a strong financial position and the long-term policies are working. The City has low property and utility rates, excellent cash reserves, has a pay-as-you-go capital program with a capacity to grow. The area economy assumes continued growth, the property values are expected to grow and reports on the sales tax results are mixed. He added that staff would be asking Council about being more;aggressive in the financial management. He concluded that even though revenues are good, the City has some challenging financial issues to balance the budget. Cindy Demers outlined the following: • • Sales tax Deli sales tax • 2007-2009 sales tax projections. • Financial outlook for 2007-2009 • General Fund Expenditure Assumptions • Overview of the 2007-2008 budget to date 0 Utility Issues . . 13 FEBRUARY 15, 2007 Reserve Water Costs LCRA/BRA Wastewater Costs Edwards Aquifer Rehabilitation projects - Regional Water Partnership - Debt Issuance. • Retail Rate Adjustments 2. Social Service Funding • Jim Nuse introduced this item and gave the history of how the United Way helped the City with accounting for the distribution of the funds. He reported that Williamson County United way notified the City that they could no longer helping the City with this process because they need to focus on the county as a whole and not just Round Rock. Cindy Demers outlined the following: • Outside services funding and types/sources • Williamson County and Cities Health District • Outside agencies funding history Councilmember Salinas, Councilmember Honeycutt, and Councilmember Clifford volunteered to help with the new process implementation for the FY 08-09 Social Service funding requests. 3. Healthcare • David Kautz introduced this item. Dr. Steve Berkowitz of St. David's, Ernie Bovio of Scott &White, Mark Hazelwood of Seton, Michelle Robertson of Seton, and Jack Hunnicutt of Lone Star Circle of Care Board Chair who participated in a panel discussion with Council regarding the healthcare needs of the area and how health issues can be addressed. The panel also discussed the underinsured and noninsured. 4. Development and User Fees Cindy Demers gave an overview of existing development and user fees and a comparison of the fees to other communities. Jim Stendebach outlined the current and proposed zoning related fees and a comparison of the fees to other communities. Rick Atkins outlined the current and proposed athletic field fees and a comparison of the fees to other communities. Mr. Atkins gave the following benefits of the fee recommendation for the Parks and Recreation. • • Shared cost for field maintenance • Improved standards of field maintenance to meet expectation of the Sports Capital of Texas • Manage field use for playability • Ensures field management and allocation for all groups • Improve customer service standards Danny Halden outlined the current and proposed Building Permit Fees and a comparison of the fees to other communities. 14 FEBRUARY 15, 2007 5. Legislative Update Susan Rocha and Randy Cain outlined the following: • Round Rock's legislative priorities • Governor's Emergency Items • Higher Education Funding • Other issues raised by the Governor in his State of the State Address • • Bills filed on important City issues 6. Compensation Teresa Bledsoe outlined the following for discussion: • Compensation program objectives Improve performance management process across all City positions • 2006 Market study for the Utility Department • 2007 Market study for Public Service • Pay philosophy for Public Safety • 2007 Market Study for Public Safety • Pay step plan comparison concerning Fire personnel 7. Northeast Annexation and FM 1431/University/IH-35 Transportation Development • Tom Word outlined the south Round Rock development area and the utility service for this area. Jim Stendebach outlined the Chandler-Sunrise development area. Development considerations that were presented were: • Development of road infrastructure to connect primary development areas • Development of utility infrastructure to serve increased densities. • Development of SCS Lake as a combination permanent water amenity and flood control. • Development of a trail system centered on the'lake and Chandler Creek • Development of alternative industrial and business park areas with access to SH130 • Development of mixed use zoning that would permit commercial and high-density residential uses. Jim Stendebach outlined the following concerning the annexation of the northeast • area. • The construction of SH130 in the northeastern portion of the Round Rock's ETJ has resulted in the need to review the possible annexation of this are at an early date. • Williamson County is currently extending University Boulevard east of CR 110 to provide an intersection with SH130. • The consequence of not annexing at this time could be the loss of land use control that could significantly affect the potential of this improvement intersection. 1 FEBRUARY IS, 2007 • This intersection will be the only direct access to SH130 in Round Rock jurisdictions. • The intersection will have the ability to accommodate significant business park development with easy access to SH130. Such development will require the provision of city services including fire flows. 8. Westside Recreation Center Rick Atkins reported that the final report on the Needs Assessment for a Recreation Center on the Westside of the City will be presented at the Council on February 20. 9. CIP/Bond Issue The 2001 authorized General Obligation Bonds third issuance were outlined by Cindy Demers. Those are: • Westside Recreation Center and Trails project • Fire Truck Program • Municipal Office Complex • Street and Drainage Projects In addition, projects of priority are: • Rock'n River additional parking • Old Settlers Park Sports Complex Design • • Old Settlers Park Complex Construction • County-Wide digital upgrade radio system Discussion evolved around cash options like selling some of the City's assets (the old. Police Station, McNeil Park, and Mayfield Park). Cindy Demers outlined a Summary of the 2008 Budge Issues which included: • Tax Rate • Sales tax performance • Public Safety cost pressure • Sustaining existing programs • Adding new programs 10. Sign Ordinance Revision Jim Stendebach provided photos of existing banner signs and electronic signs. He outlined the goals for the revisions of the sign ordinance. • Adjournment: There being no further business, the meeting adjourned at 5:07 p.m. Re=d, Submitted, v Christine R. Martinez, City Secretary 16 FEBRUARY 22, 2007 The Round Rock City Council met Regular Session on Thursday, February 22, 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. 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: Donna K. Allen, 903 Country Aire, expressed her concern regarding the City's utility billing process. Leon McCaa, 1606 Normeadows Circle, express his concern regarding the TTC-Toll Tax and the exit ramp off IH35 south to La Frontera and Wal-Mart. Mark Kupec, 115 Sundance Parkway #100, spoke on the Hester's Crossing/ • Collector/ Distributor road project. Virginia Phillips, 1007 Cushing #3, spoke in favor of item 8E2, the proposed Villas at Rabbit Hill. Robert Wilson, 901 Timberwood Drive, signed up to speak but was not present when his name was called. Mr. Wilson wrote on the Appearance Card, "I would like to request a time to present a solar powered car being constructed by Stony Point High School. We are in need of funding." PROCLAMATION: S.A. Consider proclaiming February 19-25, 2007 as Sertoma National Freedom Week. Mayor Maxwell read the following resolution and presented it to representatives of the Sertoma Club. WHEREAS, we believe that man was endowed by his Creator with certain inalienable • rights; and WHEREAS, we believe among those rights is that of;Freedom; and WHEREAS, Sertoma International, a Civic Organization with the Motto "Service to Mankind" adopted an annual "Freedom Week" during National Heritage Month dedicated to the reaffirmation of the values and responsibilities of man in a free society; and WHEREAS, the Round Rock Sertoma Club will carry out special Bill of Rights activities at Round Rock Independent School District elementary schools during Freedom Week; and WHEREAS, it seems proper and fitting to bestow official recognition to this patriotic movement, NOW, THEREFORE, We, the Round Rock City Council by virtue of the authority vested upon us as Mayor and Councilmembers of the City of Round Rock, Texas, do hereby designate the week of February 18 through February 24, 2007 as 1 i 17 FEBRUARY 22, 2007 "SERTOMA FREEDOM WEEK" in the City of Round Rock and urge all citizens to support the objective of the Sertoma Club and of Freedom Week. PROCLAIMED this 22nd day of February 2007. APPROVAL OF MINUTES: 6.A. Consider approval of the February 8, 2007 minutes. MOTION: Councilmember Honeycutt moved to approve the minutes as submitted. • 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. PRESENTATIONS: 7.A.1. Consider a presentation by US Congressman John Carter. Congressman Carter outlined several issues and items that Congress has been working on. 7.A.2. Consider a presentation by Bob Tesch, Chairman of the Central Texas Regional Mobility Authority regarding the 183A Project. Mr. Tesch outlined a video • presentation on progress of the 183A Project. He gave an overview of the portions of 183A that will be open on March 2. RESOLUTIONS: 8.A.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Program (TCIP). Tom Word, Chief of Public Works Operations made the staff presentation. The TCIP is a multi-year spending plan for improvements to major roads and arterials in the City funded through the 1/2-cent sales tax established for the purpose of transportation system. He outlined the following amendment to the TCIP. • Provide additional funding for the IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement Project for $8,100,000.00 These.funds are the City's portion of the 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 2 1 $ FEBRUARY 22, 2007 Resolution and the subject matter hereof 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 February, 2007. 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. 8.A.2. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement Amendment #1 with the Texas Department of Transportation for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement. Tom Word, Chief of Public Works Operations made the staff presentation. This amendment is for TxDOT's negotiated cost to construct the frontage road collector/distributor and replace the Nesters Crossing bridge. In addition to this work, TxDOT will fund and construct a new turnaround bridge, southbound frontage road to northbound frontage road, and widen the northbound frontage road at Hester's Crossing. The agreement will not exceed $12,815,028. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") has previously entered into an Advance Funding Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement project ("Project"), and WHEREAS, by Resolution No. R-05-04-14-14F5, the City Council approved the Agreement, and WHEREAS, the City Council desires to enter into Amendment No. 1 to the Agreement with TxDOT to void Attachment A and replace with Attachment C-1: Project Budget Estimate and Work Responsibilities, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OFROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Advance Funding Agreement Amendment No. 1 with TxDOT, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of February, 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. 8.A.3. Consider a resolution authorizing the Mayor to execute a contract for the 2007 Street Maintenance Program with Ballou Construction Co. Inc. Thomas G. Martin, P. 3 1 FEBRUARY 22, 2007 E., Director of Transportation Services made the staff presentation. February 6, 2007, the City received two bids for this project. Ballou Construction Co. Inc. submitted the low bid of $1,032,260.00. This contract is for pavement repairs, concrete repairs and slurry surfacing for Kensington, Round Rock Ranch Rollin Ridge, Bradford Park some sections of Forest 9 9 Creek, Forest Ridge and Stone Oak Subdivisions. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2007 Street Maintenance Program (Slurry Surfacing), and WHEREAS, Ballou Construction Co. Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Ballou Construction Co. Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Ballou Construction Co. Inc. for the 2007 Street Maintenance Program (Slurry Surfacing). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2007. 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 Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.A.4. Consider a resolution authorizing the Mayor to execute Amendment #1 to the At-Grade Public Road Crossing Improvement Agreement with Union Pacific Railroad for the crossing at Red Bud Lane. Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. This agreement provides for the placement of permanent railroad signals and controller for the improvements currently under construction on Red Bud Lane and US 79. The cost of the amendment is $383,159.00. RESOLUTION NO. WHEREAS, the City of Round Rock (`City") and,the Union Pacific Railroad Company ("UPRR") entered into an Existing At-Grade'Public Road Crossing Improvement Agreement • ("Agreement") for the crossing at Red Bud Lane on April 13, 2006, and WHEREAS, the City now desires to enter into a Supplemental Agreement to the Agreement, and WHEREAS, the City Council wishes to approve said Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Supplemental Agreement with Union Pacific Railroad Company, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of February, 2007. 4 2 � FEBRUARY 22, 2007 MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford, Councilmember Salinas' Councilmember Rhode , Councilmember Williamson Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 8.B.1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation requesting financial assistance from the State Infrastructure Bank in an amount up to $16,000,000 for the construction of the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement Project. David Kautz, Assistant City Manager made the staff presentation. A State Infrastructure Bank Loan for this project will facilitate timely construction;of IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement without adversely affecting other scheduled projects on the TCIP. This resolution approves the submittal of an application for loan funds up to $16,000,000. RESOLUTION NO. WHEREAS, the Board of Directors of the Round Rock Transportation System • Development Corporation ("RRTSDC") has approved a resolution authorizing the President of the RRTSDC to execute appropriate documents to make'a request for financial assistance to the State Infrastructure Bank in an amount not to exceed $16,000,000 to provide for the cost of improvement of the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement Project, and WHEREAS, the City Council wishes to grant its approval of said action, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves of the action taken by the RRTSDC in authorizing its president to execute appropriate documents to request financial assistance from the State Infrastructure Bank in the amount of $16,000,000 for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement 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 February, 2007. 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. 8.C.1. Consider a resolution determining that Fazzone Construction Company Inc. provides the best value for the City for the construction of the Amphitheater, and I authorizing the Mayor to execute a Standard Form of Agreement, and a Post-Proposal Negotiated Amendment. Larry Madsen, City's Construction Manager made the staff 5 21 FEBRUARY 22, 2007 presentation. The City received four Competitive Sealed Proposals on January 18, 2007 for an amphitheater. The amphitheater will be located behind the Allen R. Baca Center for Senior and Community Activities. Fazzone Construction was selected as the proposal that is the "Best Value" to the city by a committee consisting of the design architect, engineer, city construction manager, and City Parks and Recreation representative. The agreement is for $225,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-06- 12-21-9C2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Amphitheater to be located south of the'Allen R. Baca Center for Senior and Community Activities, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Fazzone Construction Company, 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 Fazzone Construction Company, Inc., and wishes to enter into a "Post-Proposal Negotiated Amendment" with Fazzone Construction Company, 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 Fazzone Construction Company, 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 Fazzone Construction Company, Inc. and a "Post-Proposal Negotiated Amendment" with Fazzone Construction Company, Inc. for construction of the Amphitheater to be located south of the Allen R. Baca Center for Senior and Community Activities, 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 22nd day of February, 2007. 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 Couricilmember Rhode • Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.C.2. Consider a resolution determining that FT Woods Construction Services Inc. provides the best value for the City for the construction of the Police Department Station at 3001 Tellabs Drive and authorizing the Mayor to execute a Standard Form of Agreement, and a Post-Proposal Negotiated Amendment. Larry Madsen, City's Construction Manager made the staff presentation. The City received six Competitive Sealed Proposals on 6 22 FEBRUARY 22, 2007 December 19, 2006 for the Police Department Station Project. FT Woods Construction was selected as the proposal that is the "Best Value" for the city by a committee of the design architect, city construction manager and representatives of;the police department. The agreement is for $10,884,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R- 04-03-25-14G1 that"Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the new Police Station located at 3001 Tellabs Drive, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that FT Woods Construction Services 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 FT Woods Construction Services Inc., and wishes to enter into a "Post-Proposal Negotiated Amendment" with FT Woods Construction Services Inc. outlining the above-referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OFROUND ROCK, TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that FT Woods Construction Services 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 FT Woods Construction Services Inc. and a "Post-Proposal Negotiated Amendment" with FT Woods Construction Services Inc. for construction of the • new Police Station located at 3001 Tellabs 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 22nd day of February, 2007. 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. 8.D.1. Consider a resolution rejecting all bids submitted for the Round Rock Skate • Park Development (Phase II) Project. Rick Atkins, Parks and Recreation Director made the staff presentation. Only one bid was received for Phase II of the Skate Park Development Project. The bid came in over the budgeted amount. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Round Rock Skate Park Development (Phase II), being a portion of the,Greater Lake Creek Park Improvement Project, and WHEREAS, the Council has determined that the only bid received should be rejected and the project should be re-bid, Now Therefore 7 t- _ 23 FEBRUARY 22, 2007 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the only bid received for the Round Rock Skate Park Development (Phase II), being a portion of the Greater Lake Creek Park Improvement Project, is hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 22nd day of February, 2007. 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. 8.D.2. Consider a resolution authorizing the Mayor to execute an agreement with Progressive Commercial Aquatics, Inc. for the Micki Krebsbach Pool Resurfacing Project. Rick Atkins, Parks and Recreation Director made the staff presentation. Krebsbach Pool is in need of resurfacing due to the age and condition of the current plaster. The pool surface will be resurfaced with a higher quality (quartz finish) plaster than.what is currently • applied at the pool. In addition to the plastering, the project includes poured-in-place rubber surfacing under the play elements that requires less maintenance than the existing mats. The agreement is for $82,775.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Micki Krebsbach Pool Resurfacing Project, and WHEREAS, Progressive Commercial Aquatics, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Progressive Commercial Aquatics, 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 Progressive Commercial Aquatics, Inc. for the Micki Krebsbach Pool Resurfacing 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 February, 2007. 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. 8 24 FEBRUARY 22, 2007 8.E.1. Consider a resolution of support for Texas Department of Housing and Community Affairs (TDHCA) 2007 Housing Tax Credits and !HOME Investment Partnership Program fund for the proposed Bluffs Landing Senior Village Apartments. Mona Ryan, Community Development Coordinator made the staff presentation. The TDHCA requires a support resolution from the City for tax credit applications. The location of the proposed Bluffs Landing Senior Village Apartments is approximately 8 acres of land at the northwest • corner of 1460 and Old Settlers Boulevard. The developer met with staff on this proposed development and received guidance and support for the project. Colby Denison, Developer outlined the proposed development. RESOLUTION NO. WHEREAS, low income housing tax credits are essential and critically important in financing affordable housing opportunities in this state, and WHEREAS, DDC RRTC, Ltd. desires to obtain housing tax credits from the Texas Department of Housing and Community Affairs (TDHCA) through the required application process in 2007 for a 144-unit affordable housing apartment complex to be known as the Bluffs Landing Senior Village Apartments located at 2200 Old Settlers Road, Round Rock, Texas, and WHEREAS, DDC RRTC, Ltd. desires to obtain HOME Investment Partnership Program funds from the Texas Department of Housing and Community Affairs (TDHCA) through the required application process in 2007 for the Bluffs Landing Senior Village Apartments, and WHEREAS, DDC RRTC, Ltd.'s proposed development of the Bluffs Landing Senior Village Apartments will meet a large demand,for affordable!senior housing, and WHEREAS, DDC RRTC, Ltd. is seeking local support of this proposal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor and City Council support the submission of an application by DDC • RRTC, Ltd. for 2007 tax credits through the Texas Department of Housing and Community Affairs (TDHCA) program, and for HOME Investment Partnership Program funds, for the purpose of developing the Bluffs Landing Senior Village Apartments affordable rental housing development project. Further, that the Mayor and City Council sign this Resolution to comply with Texas Administrative Code, Section 49.9(i)(5), which requires submission of a resolution with the application which authorizes the applicant to act on behalf of the City of Round Rock in applying for HOME or Housing Trust Funds from TDHCA. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2007. 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. 8.E.2. Consider a resolution of support for Texas Department of Housing and Community Affairs (TDHCA) 2007 Housing Tax Credits ands HOME Investment Partnership Program fund for the proposed Villas at Rabbit Hill. Mona Ryan, Community Development Coordinator made the staff presentation. The TDHCA requires a support resolution from the City for tax credit applications. The Round Rock Housing Development Corporation is 9 2-5 FEBRUARY 22, 2007 submitting a joint application with Kilday and Associates to the TDHCA for 2007 housing tax credits and HOME funds. The proposed site for the Villas at Rabbit Hill is on an 8.9-acre tract on the west side of FM 1460 and north of U.S. 79.9 The developer met with staff on this proposed development and received guidance and support for the project. Dick Kilday and Les Kilday, Developers outlined the proposed development. • RESOLUTION NO. WHEREAS, low income housing tax credits are essential and critically important in financing affordable housing opportunities in this state, and WHEREAS, the Round Rock Housing Development Corporation, together with Kilday Realty Corp, desire to obtain housing tax credits from the Texas Department of Housing and Community Affairs (TDHCA) through the required application process in 2007 for a seniors independent-living apartment rental housing development to be known as the Villas at Rabbit Hill Apartment-Home Community project, and WHEREAS, the Round Rock Housing Development Corporation, together with Kilday Realty Corp, desire to obtain HOME Investment Partnership Program funds from the Texas Department of Housing and Community Affairs (TDHCA) through the required application process in 2007 for a seniors independent-living apartment rental housing development to be known as the Villas at Rabbit Hill Apartment-Home Community project, and WHEREAS, the Round Rock Housing Corporation and Kilday Realty Corp desire to develop Villas at Rabbit Hill Apartment-Home Community project jointly, and WHEREAS, the Round Rock Housing Corporation and Kilday Realty Corp's proposed development of the Villas at Rabbit Hill Apartment-Home Community project will meet a large demand for affordable senior housing, and WHEREAS, the Round Rock Housing Corporation and Kilday Realty Corp are seeking local support of this proposal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor and City Council support the submission of an application by the Round Rock Housing Corporation and Kilday Realty Corp for 2007 tax credits through the Texas Department of Housing and Community Affairs (TDHCA) program, and for HOME • Investment Partnership Program funds, for the purpose of developing the Villas at Rabbit Hill Apartment-Home Community affordable seniors independent-living apartment rental housing development project. Further, that the Mayor and City Council sign this Resolution to comply with Texas Administrative Code, Section 49.9(i)(5), which requires submission of a resolution with the application which authorizes the applicant to act on behalf of the City of Round Rock in applying for HOME or Housing Trust Funds from TDHCA. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 February, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.F.1. Consider a resolution Calling the May 12, 2007 City Council Election for Council, Place 2 and Council, Place 6. This resolution calls the May 12, 2007 City Election to elect Council, Place 2, Council, Place 6. The first day to file an application for a place on the ballot is February 12, 2007. The last day to file an application for a place on the ballot is 5:00 p.m. March 12, 2007. Early voting will be conducted from April 30, 2007 to May 8, 2007. 10 26 FEBRUARY 22, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION FOR MAY 12, 2007 FOR THE PURPOSE OF ELECTING CERTAIN, OFFICIALS; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING AND ELECTION DAY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; MAKING PROVISIONS FOR ;THE CONDUCT OF SUCH ELECTION; CERTIFYING PROVISION OF REQUIRED ACCESSIBLE VOTING SYSTEMS AT EACH POLLING PLACE; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. MOTION: Councilmember Rhode moved to approve.the resolution. 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. 8.F.2. Consider a resolution authorizing the Mayor;to execute an Election Services Contract with the Williamson County Elections Administrator for the May 12, 2007 City Election. This contract is for election services from the Williamson County Election Administrator for the May 12, 2007 City Election. The agreement outlines the responsibilities of the Administrator and the City for the election. The estimated cost of the election is $13,000. • RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to conduct the May 12, 2007 election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract ("Contract"), and WHEREAS, the City Council desires to enter into said Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF;ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Election Services Contract with the Williamson County Elections Administrator to conduct the May 12, 2007 election, a copy of said Contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at;all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of February, 2007. 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. 8.F.3. Consider a resolution authorizing the Mayor,to execute a Joint Election Agreement with the Williamson County Participating Entities for the May 12, 2007 Election. Williamson County has contracted or is contracting with other entities to conduct and 11 27 FEBRUARY 22, 2007 provide election services. This agreement is to share the election equipment, election officials, precinct polling locations and election ballots, where appropriate, with other entities for the May 12, 2007 City Election. Sharing all aspects of an election reduces the cost of the election and prevents voters from having to go to various locations to vote. RESOLUTION NO. WHEREAS, the City of Round Rock is contracting with Williamson County to conduct and provide election services on May 12, 2007; and WHEREAS, other political subdivisions within the County have contracted or is contracting with Williamson County to conduct and provide election services on May 12, 2007; and WHEREAS, pursuant to Section 271.002, Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and WHEREAS, the City of Round Rock wishes to enter into a Joint Election Agreement for the purpose of sharing election equipment, election officials, and sharing precinct polling locations, and election ballots where appropriate; and WHEREAS, the City Council desires to enter into a Joint Election Agreement with the Williamson County Participating Entities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Joint Election Agreement with the Williamson County Participating Entities, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 22nd day of February, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 9.A. Consider 7 appointments to the Charter Review Commission. The City Council needs to appoint a Charter Review Commission every four (4) years according to Section 14.12 of the City Charter. The Charter Review Commission consists of seven (7) citizens of the City. The Commission.reviews the City Charter and determines if • any revisions are required. The term of office for the Commission is six (6) months or sooner, depending on when the Commission's review of the Charter is completed and a report is provided to the Council. Applications were received from Steve Laukhuf, Robert L. Bennett Larry L. Brewer Craig Morgan, M. James Hemenes Mark Fritz Karla W. Sartin Ron Buffum, Brent Campbell Allison Jenkins, Judy McLeod , and Dr. Walt H. Foultz. Dr. Foultz could not be considered for appointment due to residency requirements. 12 2 FEBRUARY 22, 2007 MOTION: Mayor Pro-tem McGraw moved to nominate all the applicants that reside in the city limits. 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. Following are the results from a poll of the Council. Steve Laukhuf - 7 votes appointed Robert L. Bennett - 7 votes appointed Larry L. Brewer - 0 votes Craig Morgan - 7 votes appointed M. James Hemenes - 0 votes Mark Fritz - 6 votes appointed Karla W. Sartin - 6 votes appointed Ron Buffum - 7 votes appointed Brent Campbell - 2 votes Allison Jenkins - 0 votes Judy McLeod - 7 votes appointed COUNCIL COMMENTS: None EXECUTIVE SESSION: 11.A. Consider Executive Session as authorized by,U51.071 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 District, Austin Division. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Maxwell at 9:31 p.m. and adjourned back into regular session at 10:03 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 12.A. Consider discussion and/or action related to!pending, to wit: Te//ez, et a/ v. City of Round Rock, Texas and the Round Rock Independent School District, Civil Action No. A06CA1000LY, U. S. District Court, Western District, Austin Division. This item was withdrawn from the agenda at the request of staff. ADJOURNMENT: There being no further business, the meeting adjourned at 10:03 p.m. Respectfully Submitted, ChristineR. Martinez, City Secretary • 13 29 MARCH 8, 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. Mayor Maxwell called the session to order at 6:05 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, 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. WORK SESSION: 3.A. Consider a presentation and discussion regarding_ 1) Update on status of capital projects that require funding. Tom Word gave an update on the status of the capital projects that require funding. 2) Third issuance of the 2001 General Obligation Bond authorization. Tom Word outlined the approved Proposition 1, which was Street, Drainage, Parking, and Corridor Improvements. He outlined the projects that were completed and the projects that were pending along with the bond authorization amount for each project. • Rick Atkins outlined the approved Proposition 2, which were the Parks and Recreation Projects. He outlined the projects that were completed and the projects that were pending along with the bond authorization amount for each project. Jim Nuse outlined Proposition 3, which was for Public Safety, Fire Engine and Proposition 4, which was for Public Service, Municipal Office Facilities. Michael Mace and Daniel Brooks of Page Southerland Page provided information regarding Long Range Plan for Office Space, Office Personnel Projections, Projected Office Staff Growth over Time and office needs. 3) Proposed Certificate of Obligations Issuance for park improvement and a competitive pool facility. Rick Atkins outlined the Certificate of Obligations for the Park Improvements and the projects timelines. Jim Nuse outlined the competitive pool project. 4 Digital Radio System lease/purchase. Rick White, Police Department Administrative Manager gave an overview of the Digital Radio System project. Cindy Demers summarized the proposed financing for the following: • 2001 Authorized General Obligation Bonds - 3rd Issuance • Proposed Certificate of Obligation • Radio System Lease-Purchase • Refunding and Early Payoff of Existing Debt 30 MARCH 8, 2007 Garry Kimball, First Southwest Company, the City's Financial Advisor outlined the tentative timetable for the Issuance of General Obligation and Refunding Bonds and C/0's, Series 2007. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:15 p.m. PLEDGE OF ALLEGIANCE: • Mayor Maxwell led the following Pledges of Allegiance. A. United States Flag B. Texas State Flag CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 7.A. Consider proclaiming March as Purchasing Appreciation Month. Mayor Maxwell read the following proclamation and presented it to members of the Purchasing Department Howard Baker, Randy Barker, Carolyn Brooks, Margie Howard, Brenda Fuller, Linda Borden, and Sandi Talbert. Ric Bowden was out of town. WHEREAS, the purchasing profession plays a significant role in the efficiency and effectiveness of both government and business endeavors;,and WHEREAS, the Purchasing Department at the City of Round Rock supports the procurement requirements of all City Departments; and WHEREAS, the Purchasing Department utilizes centralized coordination of purchasing • activities which encourages cost savings through bulk purchases and consolidated purchases as well as compliance with various purchasing legal requirements; and WHEREAS, the City of Round Rock among many other professional purchasing associations throughout the world engage in special efforts; during the month of March, to inform the public about the importance of the role played by the purchasing profession in business, industry and government; and WHEREAS, the City of Round Rock is fortunate to have a skilled and dedicated purchasing team whose daily contributions to our employees, the organization and the community are very much appreciated, NOW THEREFORE, I, Mayor Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim March 2007 as "PURCHASING APPRECIATION MONTH" in the City of Round Rock and urge all citizens to acknowledge and encourage the Purchasing Department as they work to ensure proper and efficient purchasing procedures. PROCLAIMED this 8th day of March 2007. 7.B. Consider proclaiming March 24. 2007 as the 12th Annual Daffodil Festival Celebration. Mayor Maxwell read the following proclamation and presented it to members of the Round Rock Senior Citizens Foundation. WHEREAS, due to the hard work of the Round Rock;Senior Citizens Foundation the City of Round Rock is now considered the "Daffodil Capital of Texas"; and WHEREAS, the goal of the Round Rock Senior Citizens Foundation is to turn Round • Rock into a sea of daffodils; and WHEREAS, the daffodils will serve as a beacon to the Round Rock community and social environment for senior citizens; and WHEREAS, every grassy spot in front of businesses; offices, and throughout the City will have daffodils welcoming spring and everyone to the 12th Annual Daffodil Festival; and WHEREAS, the Daffodil Festival will have entertainment, games, shopping, foods, arts and crafts, an auction and raffle for everyone of all ages; and NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim March 24, 2007 as the 31, MARCH 8, 2007 "12th ANNUAL DAFFODIL FESTIVAL" in the City of Round Rock and urge everyone to come out to the Allen R. Baca Center for Senior and Community Activities and join the Round Rock Senior Citizens Foundation in celebrating this joyful occasion. PROCLAIMED this 8th day of March 2007. 7.C. Consider proclaiming March as Energy Savings Awareness Month. Mayor Maxwell read the following proclamation and presented it to Larry Diamond of • Energy Savings. WHEREAS, according to the U.S. Department of Energy, Americans are increasingly aware of high-energy costs and environmental quality issues, but many are still unaware of the energy-efficient solutions that are available; and WHEREAS, making smart energy choices can be simple and save money, such as, making the switch from incandescent light bulbs to Compact Florescent light bulbs, or CFL's, which last 5 to 10 times longer than incandescent light bulbs, but consume 75 percent less electricity; and WHEREAS, worldwide, the greenhouse gases emitted by power plants to light incandescent bulbs equal 70 percent of the emissions from passenger vehicles; and WHEREAS, if each American household changed one light bulb to a CFL bulb, it would be the equivalent of taking 1.3 million cars off the road in terms of pollution reduction; and WHEREAS, there are countless other"no" or"low" cost suggestions for citizens to lower their energy consumption, such as: using a programmable thermostat, getting an electrical audit, recycle and reuse whenever possible, driving a well-maintained car at lower speeds, buying energy star appliances, weather-stripping homes, planting a well placed tree, lowering water heater temperature, turning energy using appliances off when not in use and taking short showers instead of baths; and WHEREAS, by making small changes, we can improve our environment, save money and leave behind a safer, cleaner, more prosperous world for future generations, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the month of March 2007 as "Energy Savings Awareness Month" • in the City of Round Rock and urge all citizens to take steps to conserve energy and develop responsible habits that will reduce energy consumption in our everyday lives. PROCLAIMED this 8th day of March 2007. 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 February 15, 2007 Work Session and February 22, 2007 minutes. *11.B.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Albert Landry and Wilma Landry (Parcels 25 & 26).(First Reading) • *11.B.2. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Linzy L. Bandy and Patricia A. Bandy (Parcel 18).(First Reading) *11.13.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire i 32 MARCH 8, 2007 this needed property from Hubert H. Bailey and Raenell S. Bailey (Parcel 14). (First Readin *11.13.4. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Jim Forrest Avant Jeff Wood Avant and Jamie Avant Deyhle • (Parcel 24). (First Reading) *12.D.3. Consider a resolution authorizing a property tax refund to Capital City- Socrates LTD for 2006 taxes for $9,233.68. *12.D.4. Consider a resolution authorizing a property tax refund to Storage Unlimited LTD for 2005 taxes for $1,187.36. *12.D.5. Consider a resolution authorizing property tax refunds to Branson Family Limited Partnership for 2002 2003 and 2004 taxes totaling $5,825.04. *12.D.6. Consider a resolution authorizing a property tax refund to Murphy Oil USA for 2006 taxes for $918.57. *12.D.7. Consider a resolution authorizing a property tax refund to Round Rock Area Serving Center for 2006 taxes for $567.83. *12.D.8. Consider a resolution authorizing a property tax refund to Sage-Socrates LTD for 2006 taxes for 6,231.07. • *12.E.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with Bay Chemical and Supply Com pany,'LaRoche Industries, Inc., DPC Industries, Inc. and Fort Bend Services, Inc. for water treatment chemicals. *12.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for providing analytical services for Environmental Services and the Water Treatment divisions with the Lower Colorado River Authority - Environmental Laboratory Services. *12.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for providing analytical services Environmental Services and the Water Treatment divisions with DHL Services, Inc. MOTION: .Councilmember Williamson 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. 33 MARCH 8, 2007 *11.6.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Albert Landry and Wilma Landry (Parcels 25 & 26). (First Reading) The first reading of the ordinance was approved under the consent agenda. • 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 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. *11.6.2. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Linzy L. Bandy and Patricia A. Bandy (Parcel 18). (First Reading) The first reading of the ordinance was approved under the consent agenda. • MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. 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. *11.6.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Hubert H. Bailey and Raenell S. Bailey (Parcel 14). (First Reading) The first reading of the ordinance was approved under the consent agenda. MOTION: Councilmember Honeycutt moved to dispense with the second reading of • the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 3 .4 MARCH 8, 2007 *11.13.4. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Jim Forrest Avant Jeff Wood Avant and Jamie Avant Deyhle (Parcel 24). (First Reading) The first reading of the ordinance was approved under the consent agenda. • 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 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: *9.A. Consider approval of the February 15 2007 Work Session and February 22, 2007 minutes. This item was approved under the consent agenda. PUBLIC HEARINGS: 10.A.I. Consider public testimony regarding community needs for the development • of the 2007-2008 Community Development Annual Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The Code of Federal Regulations requires that at least two public hearings a year be held toobtain citizens' views on community needs for the preparation of a consolidated plan. This is the fifth public hearing in a series of seven being held to gain input from citizens. Comments gathered at public hearings will be considered for plan development and noted in the final document that will be adopted by the City and presented to the Department of Housing and Urban Development in August, 2007. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10.A.2. Consider public testimony regarding the application filed by A.H. Robinson, III, to zone 38.0 acres, situated in Williamson County, Texas, at the northwest corner of Smyers Lane and Wyoming Sprinas Boulevard, to OF (Office). (Robinson Tract) Jim • Stendebach, Planning and Community Development Director made the staff presentation. The proposed office zoning is located at the intersection of Wyoming Springs Drive and Smyers Lane, west of St. David's Medical Center (also known as Round Rock Hospital). The office development is appropriate for this area and will act as a buffer between residential and higher intensity uses. 35 MARCH 8, 2007 Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 10 A 3 Consider public testimony regarding the application filed by Hughes Capital Management, Inc., to zone 48.72 acres, situated in Williamson County Texas at the northwest side of Smyers Lane and west of Wyoming Springs Drive to SF-2 (Single Family • - Standard Lot). (Pacific Oaks Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. The proposed SF-2 (Single Family - Standard Lot) zoning is for the northwest side of Smyers Lane, west of Wyoming Springs Drive. Single-family development is the appropriate designation for this area. Mayor Maxwell opened the public hearing. The following individuals voiced concerns regarding the proposed zoning. David Hataway, 3110 Ansonia Trail, representative of the Brushy Creek MUD neighborhood Jorge Davila, 3108 Ansonia Trail, representative of the Brushy Creek MUD neighborhood 10.A.4. Consider public testimony regarding the application filed by Quick Hill Corner, L.P. and 35/45 La Frontera, L.P., to rezone 0.78 acres, situated in Williamson County, Texas, at the northeast corner of CR 172 and Hesters Crossing, from PUD 39 • Planned Unit Development) to PF-3 Public Facility - High Intensity). (VictorYCorner I Tract Jim Stendebach, Planning and Community Development Director reported that the developer requested that this item be withdrawn from the agenda. 10.A.5. Consider public testimony regarding the application filed by Quick Hill Corner, L.P. and 35/45 La Frontera, L.P., to zone 3.80-acres, situated in Williamson County,, Texas, at the northeast corner of CR 172 and Hesters Crossing, to PF-3 (Public Facility - High Intensity).(Victory Corner II Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. The proposed PF-3 (Public Facility - High Intensity) zoning is for the northeast corner of CR 172 and Hesters Crossing. The site lies between existing commercial and office zoning as granted with PUD 39 to the east and extraterritorial jurisdiction to the west. Public facility development is an appropriate commercial designation for the area. The proposed use is a rehabilitation hospital. • Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 11.A.1. Consider an ordinance annexing 23.0 acres, located at the northwest corner of FM 620 and Wyoming Springs Boulevard. (Robinson Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. i i 36 MARCH 8, 2007 This voluntary annexation is for the 23.0 acre tract located at the northwest corner of Wyoming Springs Drive and FM 620. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 23.0 ACRES OF LAND, QUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; ;FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF • SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES 14OW 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 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. 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.A.2. Consider an ordinance zoning 23.0 acres, located at the northwest corner of FM 620 and Wyoming Springs Boulevard, to C1-a (General;Commercial - Limited). (Robinson Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The proposed commercial zoning for the Robinson tract which is located at the intersection of Wyoming Springs Drive and FM 620, west of St. David's Medical Center (also known as Round Rock Hospital). The commercial development is appropriate for the intersection of the major arterials. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAR 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 23.0 ACRES OF LAND OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1a (GENERAL COMMERCIAL - LIMITED). 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 3 7 MARCH 8, 2007 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. 11.A.3. Consider an ordinance annexing 38.0 acres, located at the northwest corner of Smyers Lane and Wyoming Springs Boulevard. (Robinson Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The voluntary annexation of this 38.0 acre tract is located at the northwest corner of Smyers Lane and Wyoming Springs Drive. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 38.0 ACRES OF LAND, OUT OF THE JACOB M. HARRELL • SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember 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: Themotion carried unanimously. MOTION: Councilmember Salinas moved to dispense.with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the • ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 33 MARCH 8, 2007 11.A.4. Consider an ordinance zoning 38.0 acres, located at the northwest corner of Smyers Lane and Wyoming Springs Boulevard to OF (Office). (Robinson 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 38.0 ACRES;OF LAND OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT OF (OFFICE). 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. 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.A.5. Consider an ordinance annexing 48.72 acres, located along the northwest side of Smyers Lane and west of Wyoming Springs Boulevard. (Pacific Oaks Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This voluntary annexation is for approximately 48.72 acre tract located at the northwest side of Smyers'Lane, west of Wyoming Springs Drive. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 48.72 ACRES OF LAND, OUT OF THE JACOB M. HARRELL SURVEY, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A • PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas : o 39 MARCH 8, 2007 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. 11.A.6. Consider an ordinance zoning 48.72 acres located at the northwest side of Smyers Lane and west of Wyoming Springs Drive to SF-2 (Single Family - Standard Lot). (Pacific Oaks 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 48.72 ACRES OF LAND OUT OF THE JACOB M. HARRELL SURVEY, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF-2 (SINGLE FAMILY -STANDARD LOT). 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. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 11.A.7. Consider an ordinance to rezone 0.78 acres, located at the northeast corner of CR 172 and Hesters Crossing, from PUD 39 (Planned Unit Development) to PF-3 (Public Facility - High Intensity). (Victory Corner I Tract) (First Reading) Jim Stendebach, Planning 40 MARCH 8, 2007 and Community Development Director reported that the developer requested that this item be withdrawn. 11.A.8. Consider an ordinance annexing 3.80 acres located at the northeast corner of CR 172 and Hesters Crossing (Victory Corner II Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract is located at the northeast corner of CR 172 and Hesters Crossing. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.80 ACRES OF LAND, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES! OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford 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. 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. 11.A.9. Consider an ordinance zoning 3.80 acres, located at the northeast corner of CR 172 and Hesters Crossing. (Victory Corner II 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 3.80 ACRES OF LAND OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT PF-3 (PUBLIC FACILITY - HIGH INTENSITY). MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt MARCH 8, 2007 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. 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.1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Albert Landry and Wilma Landry (Parcels 25 & 26). (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 0.132 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. *11.B.2. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Linzy L. Bandy and Patricia A. Bandy (Parcel 18). (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 0.086 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. *11.13.3. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire 4 :2 MARCH 8, 2007 this needed property from Hubert H Bailey and Raenell S. Bailey (Parcel 14). (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 OF1 A TEMPORARY CONSTRUCTION EASEMENT INTEREST OF APPROXIMATELY 0.086 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. *11 BA. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Raw Water System Improvement Project, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Jim Forrest Avant Jeff Wood Avant and Jamie Avant Deyhle ,(Parcel 24). (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 WATERLINE EASEMENT INTEREST OF APPROXIMATELY 1.759 ACRES AND A TEMPORARY CONSTRUCTION EASEMENT INTEREST IN APROXIMATELY 7.402 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: 12 A 1 Consider a resolution determining that"Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Vehicle Maintenance Parts Room Expansion located at 901 Luther Peterson Place. Tom Word, Chief of Public Works Operations made the staff presentation. The Texas Local Government Code allows cities to use certain methods other than competitivebidding in entering into contracts for construction of facilities. One such method is "Competitive Sealed Proposals." The Local Government Code 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, the • "competitive sealed proposal" will provide the best value for the Vehicle Maintenance Parts Room Expansion. RESOLUTION NO. WHEREAS, Texas Local Government Code, Section 271.113(a) allows governmental entities to use certain methods other than competitive bidding in entering into contracts for construction of facilities, and WHEREAS, the City of Round Rock is considering using an alternative method other than competitive bidding in entering into a contract for construction of the Vehicle Maintenance Parts Room Expansion located 901 Luther Peterson Place, and 4 3 MARCH 8, 2007 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 Vehicle Maintenance Parts Room Expansion. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. 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. 12.B.1. Consider a resolution authorizing the City staff to prepare a comprehensive red light camera program. Assistant Chief of Police Tim Ryle and David Bartels, Planning and Programs Administrator provided a report on staffs investigation of intersection safety as it relates to red-light running. The presentation summarized the findings and identified red light cameras as a potential countermeasure for reducing.red light running at street intersections in the City of Round Rock. RESOLUTION NO. WHEREAS, the City Staff has presented to the City Council convincing documented evidence that there is a problem with motorists running red lights in the City that has a negative impact on the health, safety and welfare of the citizens, and WHEREAS, the City Council agrees with the conclusion of the City Staff drawn from the data collected, and WHEREAS, it is the intent of the City Council to develop a program that will not intrude upon individual liberties and is not for the purpose of solely generating additional revenues, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the legitimate public safety concerns caused by motorists running red lights demands the implementation of reasonable regulations and that the City Manager is hereby authorized to develop a comprehensive red light camera program that would address these concerns. The City Council hereby finds and!declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. 4 4 MARCH 8, 2007 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 Williamson Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 12.B.2. Consider a resolution authorizing the Mayor to execute Supplemental Contract No 1 with PBS&J to provide Phase II engineering services for the design of the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive. Tom Word, Chief of Public Works Operations made the staff presentation. The City executed a contract with PBS&J, Inc. on November 23, 2004 to complete the Phase II engineering, which includes preparing plans, specifications and estimates, and provide bidding services. The City was awarded $1.5 million in Federal funds by the Capital Area Metropolitan Planning Organization. To meet the conditions of the award;, the City must comply with the National Environmental Policy Act, which results in the need for additional environmental consulting services. The cost of the supplemental contract is for $181,127.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with PBS&J for the design of the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive, and WHEREAS, PBS&J 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 PBS&J, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with PBS&J,.a' copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. 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. 12.C.1. Consider a resolution authorizing the Mayor to execute a letter from the cities of Georgetown, Taylor, Round Rock, Cedar Park, and;Williamson County seeking financial support and participation from the cities in Williamson County who do not currently participate in a Cooperative Agreement with the Williamson County and Cities Health 45 MARCH 8, 2007 District. David Kautz, Assistant City Manager made the staff presentation. A significant percent of the urban county population receive services from the Health District but provides no municipal funding. As the District seeks to improve services while maintaining cost efficiency it is important to have all beneficiaries participate. This letter seeks financial support and participation from the nonparticipating cities. • Karen Wilson, Executive Director of Williamson County and Cities Health District gave a brief history on the creation of the Public Health District. RESOLUTION NO. WHEREAS, the Williamson County & Cities Health District (the "District") provides valuable services to all of the citizens of the County, and WHEREAS, the cities of Georgetown, Taylor, Cedar Park and Round Rock (the "Participating Cities") and Williamson County provide financial funding to the District to enable it to provide said services, and WHEREAS, the other cities in the County do not provide any direct funding for the services that the District provides to said cities and the citizens residing in such cities, and WHEREAS, the Participating Cities wish to join with Williamson County in encouraging the non-participating cities to provide their fair share of the cost for the District to provide the aforesaid 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 a letter to the non- participating cities to encourage them to provide their fair share of the cost of the District's services, a copy of said letter being attached hereto as Exhibit A. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. 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. 12.C.2. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding between the City of Round Rock and the YMCA of Greater Williamson County regarding a competitive pool. Jim Nuse, City Manager made the staff presentation. This Memorandum of Understanding (MOU) acknowledges each parties respective duties and • responsibilities in order to facilitate the completion of this project and begins the process to negotiate an agreement for the construction of a competitive pool. The City's portion of funding is $2 million dollars which is required for the construction phase of the project. The YMCA proposes to complete construction and open the Facility no later than April 30, 2008. Mr. Nuse outlined each detail of the MOU. RESOLUTION NO. WHEREAS, YMCA of Greater Williamson County ("YMCA") is in the process of developing a year round indoor pool recreation facility ("Facility"), and 46 MARCH 8, 2007 WHEREAS, the City of Round Rock ("City") has identified a need for a facility to provide year-round indoor competitive aquatics; and WHEREAS, the City and YMCA wish to enter into a Memorandum of Understanding outlining the duties and responsibilities of each party regarding the Facility, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to;execute on behalf of the City a Memorandum of Understanding with the YMCA of Greater Williamson County, 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 March, 2007. 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. 12.C.3. Consider a resolution supporting the City of Leander's request to the Lower Colorado River Authority for an additional supply of water from Lake Travis. Jim Nuse, City Manager made the staff presentation. Leander is the City's partner in the Regional Water Project. This resolution will show support of their raw water request to the LCRA. With Leander as a partner, it significantly reduces the City's costs to participate in the water project. RESOLUTION NO. WHEREAS, the cities of Round Rock, Cedar Park and Leander are planning a regional water treatment and distribution system, and WHEREAS, Leander's participation in the regional system is dependent upon it obtaining an additional supply of raw water from Lake Travis, and WHEREAS, Leander has made a request to the Lower River Colorado Authority ("LCRA") for an additional supply of water from Lake Travis, and WHEREAS, the City of Round Rock wishes to show its support for Leander's request to the LCRA, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF'ROUND ROCK, TEXAS, That the City Council hereby supports Leander's request to the LCRA for additional supply of water from Lake Travis, encourages the LCRA Board to grant such request, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 8th day of March, 2007. 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 4.7 MARCH 8, 2007 ACTION: The motion carried unanimously. 12.D.1. Consider a resolution authorizing a property tax refund to Dell Computer Corporation for 2006 taxes for $22,767.78. Cindy Demers, Finance Director made the staff presentation. This refund is the result of a protest in the value of business personal property assessed by the Williamson Central Appraisal District on the 2006 tax roll. The Williamson Central Appraisal District has approved the refund. 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, Dell Computer Corp. has made an overpayment or erroneous payment of 2006 taxes in the amount of $22,767.78; 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 $22,767.78. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. 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. 12.D.2. Consider a resolution authorizing a property tax refund to Dell Computer Holdings, LP for 2006 taxes for $15,831.48. Cindy Demers, Finance Director made the staff presentation. This refund is the result of a protest in a value of business personal property assessed by the Williamson Central Appraisal District on the 2006 tax roll. The Williamson Central Appraisal District has approved the refund. • 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, Dell Computer Holdings, LP has made an overpayment or erroneous payment of 2006 taxes in the amount of $15,831.48; 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. 48 MARCH.8, 2007 The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $15,831.48. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. MOTION: Councilmember Williamson 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. *12.D.3. Consider'a resolution authorizing a property tax refund to Capital City- Socrates LTD for 2006 taxes for $9,233.68. 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, Capital City-Socrates LTD has made an overpayment or erroneous payment of 2006 taxes in the amount of$9,233.68; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $9,233.68. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. *12.D.4. Consider a resolution authorizing a property tax refund to Storage Unlimited LTD for 2005 taxes for $1,187.36. 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, Storage Unlimited LTD has made an overpayment or erroneous payment of 2005 taxes in the amount of$1,187.36; 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. ON' f 49 MARCH 8, 2007 The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $1,187.36. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. • *12.D.5. Consider a resolution authorizing a property tax refunds to Branson Family Limited Partnership for 2002, 2003, and 2004 taxes totaling $5,825.04. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must also determine that thea ment was erroneous or excessive and must P Y 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 2002, 2003 and 2004 taxes in the amount of $5,825.04; that such amount is in excess of$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $5,825.04. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. *12.D.6. Consider a resolution authorizing a property tax refund to Murphy Oil USA for 2006 taxes for $918.57. 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, Murphy Oil USA has made an overpayment or erroneous payment of 2006 taxes in the amount of $918.57; 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 $918.57. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March,,2007.. *12.D.7. Consider a resolution authorizing a property tax refund to Round Rock Area Serving Center for 2006 taxes for $567.83. This item was approved under the consent agenda. 50 MARCH 8, 2007 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 Area Serving Center has made an overpayment or erroneous payment of 2006 taxes in the amount of $567.83; that such • amount is in excess of $500.00; that such overpayment or,erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$567.83. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. *12.D.8. Consider a resolution authorizing a property tax refund to Sage-Socrates LTD for 2006 taxes for $6,231.07. 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 OFROUND ROCK, TEXAS, That the following named taxpayer, Sage-Socrates LTD has made an overpayment or erroneous payment of 2006 taxes in the amount of $6,231.07; 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 $6,231.07. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law atall times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 5$1, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. *12.E.1. Consider a resolution authorizing the Mayor to execute Sul2plemental Agreement No. 3 with Bay Chemical and Supply Company,.LaRoche Industries, Inc., DPC Industries, Inc. and Fort Bend Services, Inc. for water treatment chemicals. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into Agreements for Purchase of water treatment chemicals ("Agreements") wit'h DPC Industries, Inc., Bay Chemical and Supply Company, Fort Bend Services, Inc., a,nd LaRoche Industries, Inc., and WHEREAS, the City Council desires to enter into said Supplemental Agreements No. 3 to the Agreements to extend the Agreements by renewal', Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OFA ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Purchase of Chlorine (150 Ib. cylinders) with DPC Industries, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein, and 51 MARCH 8, 2007 That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Purchase of Liquid Aluminum Sulfate with Bay Chemical and Supply Company, a copy of same being attached hereto as Exhibit "B" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Purchase of Liquid Cationic Polymer with Bay Chemical and Supply Company, a copy of same being attached hereto as Exhibit "C" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Purchase of Belt Press Polymer with • Fort Bend Services, Inc, a copy of same being attached hereto as Exhibit"D" and incorporated herein, and That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Purchase of Anhydrous Ammonia with LaRoche Industries, Inc., a copy of same being attached hereto as Exhibit"E" and incorporated herein.. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. *12.E.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for providing analytical services for Environmental Services and the Water Treatment divisions with the Lower Colorado River Authority - Environmental Laboratory Services. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into an Annual Purchasing Agreement for Analytical Services for Water Plant with Lower Colorado River Authority - Environmental Laboratory Services, and WHEREAS, Lower Colorado River Authority - Environmental Laboratory Services has submitted Supplemental Agreement No. 2 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Lower Colorado River Authority - Environmental Laboratory Services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Annual Purchasing Agreement for Analytical Services for Water Plant with Lower Colorado River Authority - Environmental Laboratory Services, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. *12.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for providing analytical services Environmental Services and the Water Treatment divisions with DHL Services, Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Annual Purchasing Agreement for Analytical Services for Water Plant with DHL Analytical, Inc., and WHEREAS, DHL Analytical, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with DHL Analytical, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 52 MARCH 8, 2007 That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Annual Purchasing Agreement for Analytical Services for Water Plant with DHL Analytical, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2007. COUNCIL COMMENTS: None EXECUTIVE SESSION: 14.A. 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. A06CA1000LY, U. S. District Court, Western District, Austin Division. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order for this item at 9:22 p.m. and adjourned at 9:26 p.m. 14.13. Consider Executive Session as authorized by X551.071 Government Code, related to pending litigation to wit: 2800 La Frontera No. 1A LTD., 2800 La Frontera No. 2A LTD 941 Hester's Crossing No 1A LTD 941 Hester's�Crossing No. 2A, LTD., and 941 Hester's Crossing No 3A LTD. v. City of Round Rock, Texas. Mayor Maxwell called the Executive Session to order for this item at 9:27 p.m. and adjourned at 9:45 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 15.A. Consider discussion and/or action related to pending, 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 District, Austin,Division. This item was withdrawn from the agenda with no action taken. ADJOURNMENT: There being no further business, the meeting adjourned at 9:45 p.m. Re p ctfully Submitted, Christine'R. Martinez, City Secretary 5 3 MARCH 22, 2007 The Round Rock City Council met Regular Session on Thursday, March 22, 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, 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, Assistant City Manager David Kautz, and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Robin Schneider, 611 S. Congress Avenue #200, Austin spoke in support of SB 1324 which would establish a recycling program for electronic waste. Police Chief Williams introduced John Schaeffer of Dell Computer Corporate Security who presented members of the Police Department with certificates of recognition for helping resolve the issues of stolen equipment at Dell Computers. PROCLAMATION: S.A. Consider proclaiming Arbor Day 2007 Tree Planting and Celebration on March 31, 2007. Mayor Maxwell read the following proclamation and presented it to Emsud Horozovic, Forestry Manager. WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, 2007 is the 135th Anniversary of Arbor Day and is now a nationally celebrated observance that encourages tree planting and tree care; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, lower heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, provide habitat for wildlife and beautify our community; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and are a source of joy and spiritual renewal wherever they are planted; and - WHEREAS, the Parks and Recreation Department's Forestry Division, with the help of hundreds of volunteers will be planting 41 trees in Meadow Lake Park-North and South Sections on Saturday, March 31, 2007 from 9:00 a.m. to 12:00 noon for Arbor Day, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock .do hereby proclaim March 22, 2007 as "ARBOR DAY" in the City of.Round Rock and urge all citizens to support the efforts to protect our trees and woodlands and further urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. PROCLAIMED this 22nd day of March 2007. CONSENT AGENDA: MARCH 22, 2007 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 March 8, 2007 minutes. *10.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 4 with Chiang, Patel &Yerby, Inc. for Kiphen Road from the old MKT Railroad • right-of-way to CR 122 (Kiphen Road Phase II Project). *10.G.1. Consider a resolution authorizing the Mayor to execute Construction Change Order No. 1 with Austin Filter Systems, Inc. for.thel South Creek Channel Improvements Project. 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 Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. APPROVAL OF MINUTES: • *7.A. Consider approval of the March 8, 2007 minutes. This item was approved under the consent agenda. PUBLIC HEARING: 8.A.1. Consider public testimony regarding the application filed by the City of Round Rock to rezone 0.205 acres from PF-3 (Public Facilities - High Intensity) District to OS (Open Space) District, located at the southwest end of the McConico Building/Baca Center Complex at the southwest corner of W. Bagdad Ave. and S. Brown Street. Jim Stendebach, Planning & Community Development Director made the staff presentation. The proposed OS (Open Space) rezoning allows for the City to develop a civic amphitheater to accommodate limited outdoor entertainment. This property was zoned PF-3 (Public Facilities - High Intensity) during the rezoning of the Municipal Center. Mayor Maxwell opened the public hearing. There being no public testimony, the public hearing was closed. ORDINANCES: 9.A.1. Consider an ordinance regarding the application filed by the City of Round Rock to rezone 0.205 acres from PF-3 (Public Facilities - High Intensity) District to OS (Open Space) District, located at the southwest end of the McConico Building/Baca Center Complex at the southwest corner of W. Bagdad Ave. and S. Brown Street. (First Reading) Jim s t 55 MARCH 22, 2007 Stendebach, Planning & Community Development Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.205 ACRES OF LAND, LOCATED AT THE SOUTHWEST • END OF THE MCCONICO BUILDING/BACA CENTER COMPLEX AT THE SOUTHWEST CORNER OF W. BAGDAD AVE. AND S. BROWN STREET, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PF-3 (PUBLIC FACILITIES - HIGH INTENSITY) TO DISTRICT OS (OPEN SPACE). 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 Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 9.B.1. Consider an ordinance declaring unopposed candidates to be elected to their respective offices, and canceling the May 12, 2007 regular election (in the event that no candidate in the election is opposed on the ballot or by a declared write-in candidate by the statutory filing deadlines). (First Reading) This item was withdrawn from the agenda because a write-in candidate declared his candidacy before the filing deadline. RESOLUTIONS: 10.A.1. Consider a resolution authorizing the Mayor to execute a Joint Election E, • Agreement with the Travis County Participating Entities for the May 12, 2007 Election. The City of Round Rock has two precincts in Travis County. This agreement will allow the sharing of election equipment, election officials, precinct polling locations and election ballots, where appropriate, with other entities for the May 12, 2007 City Election. Sharing all aspects of an election reduces the cost,of the election and prevents voters from having to go to various locations to vote. RESOLUTION NO. 56 MARCH 22, 2007 WHEREAS, the City of Round Rock has contracted with Travis County to conduct and provide election services on May 12, 2007; and WHEREAS, other political subdivisions within the County have contracted or are contracting with Travis County to conduct and provide election services on May 12, 2007; and WHEREAS, pursuant to Section 271.002, Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and WHEREAS, the City of Round Rock wishes to enter into a Joint Election Agreement for the purpose of sharing election equipment, election officials, and sharing precinct polling • locations, and election ballots where appropriate; and WHEREAS, the City Council desires to enter into a Joint Election Agreement with Travis 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 Joint Election Agreement with Travis County, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of March, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw' Councilmember Clifford Councilmember Salinas Councilmember Rhode • Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.B.1: Consider a resolution authorizing the Mayor to execute a contract with Motorola for radios, related equipment, and services associated with the implementation of a digital radio system. Rick White, Senior Management Analyst made the staff presentation. This contract provides for the replacement of public safety and public service mobile and portable radios related equipment and services associated with the implementation of a digital radio system by the Countywide Integrated Communications System (CWICS). The contract is for $1,759,169.29. CWICS is composed of Williamson County and the cities of Round Rock, Georgetown, and Cedar Park. RESOLUTION NO. WHEREAS, the Countywide Integrated Communications System ("CWICS") has operated a public safety radio communications system for years, and • WHEREAS, CWICS is implementing a digital radio system which will require members to replace their existing equipment, and WHEREAS, the City Council wishes to enter into a Communications Products Agreement with Motorola for radios, related equipment, and services associated with the implementation of a digital radio 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 Communications Products Agreement with Motorola, 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 57. MARCH 22, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of March, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.B.2. Consider a resolution regarding the budget for the Williamson County Regional Animal Shelter for fiscal year 2006-2007. Police Lt. Bob Drawbaugh made the staff presentation. In August of 2006 the City of Round Rock entered into an agreement to participate in the Williamson County Regional Animal Shelter along with Williamson County and the cities of Cedar Park, Leander, and Hutto. The proposed budgets reflect the City's portion of the expenses related to the Regional Animal Shelter for FY 2006-2007. Operating costs are allocated based on the number of animals each entity will bring into the facility. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") is a participating entity of the Williamson County Regional Animal Shelter ("Regional Animal Shelter"), and WHEREAS, the Regional Animal Shelter has submitted a proposed budget which reflects the City's portion of expenses for fiscal year 2006-2007, and WHEREAS, the City Council wishes to approve said budget, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the budget submitted by and for the Williamson County Regional Animal Shelter 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 22nd day of March, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.C.1. Consider a resolution authorizing the Mavor to execute a Lease Schedule and related documents with Chase Equipment Leasing, Inc. to lease/purchase radio subscriber units, new communications center equipment and fire station alerting system. David Kautz, Assistant City Manager made the staff presentation. The existing County Wide Integrated Communications System (CWICS) is nearing the end of its operational MARCH 22, 2007 capabilities and will soon be obsolete. Through a partnership with the City of Austin, Williamson County received grant funding to upgrade the existing CWICS Motorola system to digital. Grant funds cover the infrastructure upgrade but;all participating entities are financially responsible for upgrading their equipment to digital. In February, the City received nine (9) competitive proposals to lease-purchase finance $2.5 million of the approximate $2.84 million in needed equipment to complete Round Rock's part of the • project (the remaining $340,000 has been funded in the FY 2007 budget). This is a seven- year agreement with semiannual payments at an annual interest rate of 3.78%. The tax- exempt lease rates offer a very favorable cost of capital to the City. The City has an existing Master Lease-Purchase Agreement with Chase Equipment Leasing, Inc. This lease schedule and related addenda amend the master lease to add the lease-purchase of the equipment associated with the upgrade to the digital radio system. The cost is $2,500,000 principal plus $368,735 interest. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas, as Lessee, proposes to enter into an Agreement with Chase Equipment Leasing Inc., as Lessor; and WHEREAS, the principal amount expected to be financed is $2,500,000.00; and WHEREAS, Lessee is a political subdivision of the State of Texas in which Lessee is located (the "State") and is duly organized and existing pursuant to the Constitution and laws of the State of Texas; and WHEREAS, pursuant to applicable law, the governing body of Lessee ("Governing • Body") is authorized to acquire, dispose of and encumber real and personal property, including without limitation, rights and interests in property, leases and easements necessary to the functions or operations of Lessee; and WHEREAS, the Governing Body hereby finds and determines that the execution of one or more lease-purchase agreements ("Equipment Leases") in the principal amount not exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the property generally described below ("Property") and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operation of Lessee; and WHEREAS, the Property is more specifically described in attached Schedule A-1; and WHEREAS, Chase Equipment Leasing Inc. ("Lessor") is expected to act as the lessor under the Equipment Leases; and WHEREAS, Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Equipment Leases ("Lease Purchase Proceeds") for such expenditures and such expenditures are not expected to exceed the Principal Amount; and WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and Lessee shall hereby declare its official intent to a reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF-ROUND ROCK, TEXAS, Section 1. That either the Mayor or the City Manager (each an "Authorized Representative") acting on behalf of Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public • inspection at the offices of Lessee. Each Authorized Representative acting on behalf of Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Lease (including but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized. Section 2. That by a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of Lessee to execute and deliver agreements and document relating to the Equipment Leases on behalf of Lessee. Section 3. That the aggregate original principal amount of the Equipment Leases shall not exceed the Principal Amount and shall bear interest as set forth in the Equipment Leases and the Equipment Leases shall contain such options to purchase by Lessee as set forth therein. 59 MARCH 22, 2007 Section 4. That Lessee's obligations under the Equipment Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Equipment Lease and Lessee's obligations under the Equipment Leases shall not constitute a general obligation of Lessee or indebtedness under the Constitution or laws of the State. Section 5. That the Governing Body of Lessee anticipates that Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares Lessee's official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for • the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property. Section 6. That this Resolution shall take effect immediately upon its adoption and approval. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None • Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.D.1. Consider a resolution authorizing the Mayor to execute a construction contract with Ideal Skateparks for the Round Rock Skate Park Development (Phase II) Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. Phase II or the "street section" of the skatepark is needed to ensure that the City meets the needs of the "street skaters" as well as the needs of the "bowl skaters." This contract is for $139,940.90 and would complete the second phase of the skate park project. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Round Rock Skate Park Development (Phase II) Project, and WHEREAS, Ideal Skateparks has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Ideal Skateparks, Now Therefore BE IT RESOLVED BY THE 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 Ideal Skateparks for the Round Rock Skate Park Development (Phase II) • 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 March, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw 60 MARCH 22, 2007 Councilmember Clifford Councilmember Salinas, Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.E.1. Consider a resolution authorizing the Mayor to execute a Contract with Enviro Remediation Coatings Services, Inc. for the 2005-2006 Wastewater Collection • System Rehabilitation Project. Tom Word, Chief of Public Works Operations made the staff presentation. The City is required to inspect, repair, and certify its wastewater collection system in compliance with the Texas Commission on Environmental Quality's Edwards Aquifer Recharge Zone Protection Program. Units 1 and 2 of this contract bid total $2,505,010. Given that this amount exceeded available funding, two non-Edwards Aquifer segments were removed from the project. Bid item numbers 8, 13, 14, 20, 37, and 41 out of Unit 1, and bid item number 12 out of Unit 2 were correspondingly reduced (or removed) reducing the total bid amount by $392,320. A reduction in the bid amount for a pre-award change order for materials and construction services was approved by the contractor and staff. A portion of the wastewater lines in this contract are owned by the Lower Colorado River Authority (LCRA). The LCRA will reimburse the City per their Interlocal Agreement approximately $100,700 for their portion of the project. The contract is for $2,112,690. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2005-2006 Wastewater Collection System Rehabilitation Project, and WHEREAS, while only one bid was received from Enviro Remediation Coatings Services, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid;of Enviro Remediation Coatings Services, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF'ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to;execute on behalf of the City a contract with Enviro Remediation Coatings Services, Inc. for the 2005-2006 Wastewater Collection System 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 22nd day of March, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw- Councilmember cGrawCouncilmember Clifford Councilmember Salinas' Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.E.2. Consider a resolution with ]BS Associates for Professional Services Comprehensive Water Distribution System Audit and Meter Management Analysis. '61 MARCH 22, 2007 Tom Word, Chief of Public Works Operations made the staff presentation. This agreement will provide the City with a diagnosis of unaccounted-for water loss in the water distribution system and identify additional cost savings and efficiencies. The audit is designed to help the City reduce the balance of water loss, as cost effectively as possible, and places emphasis on the meter management, meter sizing, and bulk meter aspects as • well as leakage. In evaluating the water system, IBS will verify available historical data representing the quantities of water produced or pumped for distribution. This evaluation identifies where action is needed by the City to reduce losses in the system. The agreement for the services is $62,900. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professionalconsulting services for a Comprehensive Water Distribution System Audit and Meter Management Analysis, and WHEREAS, IBS Associates has submitted an Agreement for Professional Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with JBS 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 with JBS 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 22nd day of March, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. 10.E.3. Consider a resolution supporting SB 1324 which would establish a comprehensive program for the recycling and reuse of computer equipment. Tom Word, P.E., Chief of Public Works Operations made the staff presentation. In an effort to support the City's environmental goals, this resolution supports Senate Bill 1324 as introduced in • the 80th Regular Legislative Session. The bill establishes a comprehensive, convenient and environmentally-sound program for the collection, recycling and reuse of computer equipment that has reached the end of its useful life. This program is based on individual manufacturer responsibility and shared responsibility among consumers, retailers and the government of the State of Texas. The Council discussed the importance of including televisions in the recycling program and asked that the resolution be amended accordingly. 62 MARCH 22, 2007 RESOLUTION NO. WHEREAS, the disposal of used computer equipment and related display devices is an increasing problem for the City of Round Rock; and WHEREAS, the City would like to encourage the Texas Legislature to adopt a comprehensive, convenient, and environmentally sound program for the collection, recycling, and reuse of computer equipment and televisions that have reached the end of their useful life; and WHEREAS, as currently drafted, SB 1324, would create such a program; and WHEREAS, the City Council wishes to support the passage of SB 1324 or similar legislation; Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Williamson County legislative delegation be,requested to support SB 1324 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 said SB 1324. BE IT FURTHER RESOLVED That the Texas Legislature is encouraged to include televisions in SB 1324 or other proposed legislation requiring a recycling 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 Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 55'1, Texas Government Code, as amended. RESOLVED this 22nd day of March, 2007. MOTION: Councilmember Clifford moved to approve the resolution with the amendment of encouraging the legislature to include televisions in SB 1324 or other proposed legislation requiring a recycling program. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw. Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Williamson ACTION: The motion carried unanimously. *10.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 4 with Chiang Patel &Yerby, Inc. for Kiphen Road from the old MKT Railroad right-of-way to CR 122 (Kiphen Road Phase II Project). This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Chiang, Patel &Yerby, Inc. for the preparation of schematics, environmental documents, plans specifications; and estimates (PS&E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122 (Kiphen Road Phase II Project), and • WHEREAS, Chiang, Patel &Yerby, Inc. has submitted Supplemental Agreement No. 4 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 with Chiang, Patel &Yerby, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 4 to the Agreement with Chiang, Patel &Yerby, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. MARCH 22, 2007 63 RESOLVED this 22nd day of March, 2007. *10.G.1. Consider a resolution authorizing the Mayor to execute Construction Change Order No. 1 with Austin Filter Systems, Inc.. for the South Creek Channel Improvements Proiect. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Austin Filter Systems, Inc. for the South Creek Channel 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 Austin Filter Systems, Inc. for the South Creek Channel 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 22nd day of March, 2007. COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 7:45 p.m. R spectfully submitted, clhfaAftnw " Christine R. Martinez, City Secretary • 64 APRIL 12, 2007 The Round Rock City Council met Regular Session on Thursday, April 12, 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 7:05 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 McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Ted Williamson. Also present were City Manager Jim Nuse and City Attorney Steve Sheets. Assistant City Manager David Kautz was absent. CITIZENS COMMUNICATIONS: Bill Gordon, 9168 County Road 110, expressed his concern that the privacy fence behind Wal-Mart on US 79 has not been built and that the runoff water from the Centex Subdivision is draining through his property. PROCLAMATIONS: • S.A. Consider proclaiming April 14, 2007 as YMCA Healthy Kids Day. Mayor Maxwell read the following proclamation and presented it to Sherri Yerrington representative of the YMCA. WHEREAS, the mission of the YMCA is to build strong kids, strong families and strong communities through programs that focus on developing healthy mind, body and spirit; and WHEREAS, our children's health is a concern for the whole community who can help children and adults obtain the knowledge and practice of healthy habits so they can grow into strong healthy adults that follow a healthier lifestyle; and WHEREAS, the Greater Williamson County YMCA's throughout Round Rock, Cedar Park, and Taylor are dedicated to providing programs and services to over 52,000 youth and adults annually; and WHEREAS, community-based responses are vital to alleviate the growing epidemic of obesity and physical inactivity, particularly among young people; and WHEREAS, the YMCA's across the nation are mobilizing to further help and educate individuals and families who struggle to adopt and maintain a healthy lifestyle as part of the YMCA Activate America initiative; and WHEREAS, on April 14, 2007, the Round Rock Family YMCA will sponsor the YMCA Healthy Kid's Day to help our youth become healthier, NOW, THEREFORE, I, Mayor Nyle Maxwell, of the City of Round Rock do hereby proclaim April 14, 2007 as "YMCA HEALTHY KID'S DAY" • in the City of Round Rock and urge all citizens to educate themselves on healthy habits that can become a lifelong practice for a healthier lifestyle. PROCLAIMED this 12th day of April 2007. S.B. Consider proclaiming April 15-21, 2007 as Library Week. Mayor Maxwell read the following proclamation and presented it to Dale Ricklefs, Library Director and Library staff.. WHEREAS, the Round Rock Public Library System has been providing library services to the community for over 30 years; and •:a:`e,`i `iY�S?iia„ APRIL 12, 2007 65 WHEREAS, the library proudly serves its dynamic and growing community by providing high quality resources, services, and programs for young and old alike; and WHEREAS, the library offers traditional library service and new services accessible through home, work, or school; and WHEREAS, last year the Round Rock Public Library had 300,000 visitors and checked out almost 700,000 items; and WHEREAS, the Round Rock Library was recognized for-its efforts in raising funds for storm-damaged Gretna, Louisiana Library through the nationally published book"Heart of the Community", NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim the week of April 15-21, 2007 as "LIBRARY WEEK" in the City of Round Rock and urge all citizens to show their appreciation of the Library staff in an appropriate manner. PROCLAIMED this 12th day of April 2007. At this point, Mayor Maxwell recognized Olivia Robinson, Executive Assistant to the Mayor and City Council for all the help she has provided to the Council and noted that she will be greatly missed as she leaves the City to pursue another line of employment. 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 March 22, 2007 City Council meeting minutes. *10.B.1. Consider an ordinance establishing a 40-mph speed limit on Double Creek • Drive, from Gattis School Road to Sweetgum Lane. (First Reading) (Requires Two Readings) *10.B.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing Subdivision, Phase II & III. (First Reading) (Requires Two Readings) *10.B.3. Consider an ordinance authorizing the placement of stop signs at various_ intersections in the Legends Village Subdivision, Section 2, Phase I. (First Reading) (Requires Two Readings) *11.A.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 with Greenlander, LLC for vegetation control services. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7.A. Consider approval of the March 22, 2007 City Council meeting minutes. This item was approved under the consent agenda. PRESENTATIONS: .6 +6 APRIL 12, 2007 8.A.1. Consider a presentation of the Semi-Annual Reoort from the Capital Improvements Advisory Committee with respect to the progress of the Capital Improvements Plan. Michael D. Thane, Water/Wastewater Utility Director made the staff presentation. This presentation advised the Council of the need to update the land use assumptions, capital improvements plan, and the impact fees. He noted that the growth, along with the progress of the Regional Water System, has;progressed to the point that City • staff is recommending the City's Capital Improvement Plan,and Impact Fees be updated at this time. In addition, the staff recommended that the impact fees be reviewed every two years so that the fees are set according to the growth patterns and needs of the Water and Wastewater Utility System improvements. On March 14, 2807, the Capital Improvement Committee found no perceived inequities in implementing the plan or imposing the impact fee and the report was approved as submitted to Council. PUBLIC HEARINGS: 9.A.1. Consider public testimony regarding the proposed ordinance amending Chapter 11 Section 11.424(2) of the City of Round Rock Code of Ordinance (1995 Edition), Home Occupation provisions. Jim Stendebach, Planning Director made the staff presentation. The key changes to the Home Occupation provisions are as follows. • Bona Fide Residence is now defined as "The principal address and primary residence of an occupant conducting a Home! Occupation, as determined by • one (1) of the following criteria: The registered homestead of the occupant, voter registration (precinct), address displayed on driver's license, or other state or federal registration documents identifying the principal address." This was added because it was determined that the existing language could allow for a person to purchase a residence for the sole purpose of operating a business out of it. • Two (2) customers are permitted to conduct business at a home occupation at one time. Allowing customers to visit a home will generate limited traffic for uses that have historically been home occupations, such as music lessons and tutoring. • The number of people conducting business at a home occupation in a day matches the existing allowance for daycare (16 children = 24 vehicle trips), so that there is a limit to the number of total vdhicle trips that a home occupation will allow. Since daycare is allowed in a residential zoning district, matching the number of vehicle trips generated by daycare seemed to be a logical limit. Mayor Maxwell opened the public hearing. There! being no, testimony, the public hearing was closed. 9.A.2. Consider public testimony regarding the application filed by R. Mark and • Melissa G. Dietz to rezone 1.21 acres described as Lots 1-4 of Block 12 and a portion of Lot 1 of Block 11, Anderson Addition, from C-1 (General Commercial) District and SF-2 (Single Family-Standard Lot) to OF (Office) District, app. No. 2007-004-ZC. Jim Stendebach, Planning Director made the staff presentation. This property contains an existing law office in a converted residential structure (106 Fannin) and one additional residence which is proposed to be converted as an expansion of the existing office (110 Fannin). This property 67 APRIL 12, 2007 is within the first block off of N. Mays Street and a portion of the site and two adjacent tracts are currently zoned for commercial uses. The proposed.rezoning is an appropriate zoning district for this site. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. • ORDINANCES: 10.A.1. Consider an ordinance amending Chapter 11, Section 11.424(2) of the City of Round Rock Code of Ordinances (1995 Edition), Home Occupation provisions. (First Reading) (Requires Two Readings) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK; TEXAS AMENDING CHAPTER 11, SECTION 11.424(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING HOME OCCUPATION PROVISIONS; PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. MOTION: Councilmember Rhode 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. 10.A.2. Consider an ordinance rezoning 1.21 acres described as Lots 1-4 of Block 12 and a portion of Lot 1 of Block 11, Anderson Addition, from C-1 (General Commercial) District and SF-2 (Single Family-Standard Lot) to OF (Office) District, app. No. 2007-004- ZC. (Mark and Melissa Dietz) (First Reading) Jim Stendebach, Planning Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.21 ACRES OF LAND, DESCRIBED AS LOTS 1-4, BLOCK 12, AND A PORTION OF LOT 1, BLOCK 11, ANDERSON ADDITION, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) AND • DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT OF (OFFICE). 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 68 APRIL 12, 2007 ACTION: The motion carried unanimously. MOTION: Councilmember Williamson moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford'. • Councilmember Salinas, Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays:. None ACTION: The motion carried unanimously. *10.B.1. Consider an ordinance establishing a 40-mph speed limit on Double Creek Drive from Gattis School Road to Sweetgum Lane. (First Reading) (Requires Two Readings) 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 DOUBLE CREEK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.B.2. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing Subdivision, Phase II & III. (First Reading) (Requires Two Readings) This item was approved under the consent agenda. The stop signs will be • placed on Anna Palm Way at Covered Wagon Trail (North &South bound), on Anna Palm Way at Kenneys Way (North &South bound), on Anna Paha Way at Captain Ladd Court, on Kenneys Way at Covered Wagon Trail (Eastern intersection), on Prewitt Lane at Kenneys Way, on Covered Wagon Trail at Pioneer Crossing Drive, on Bison Path at Pioneer Crossing Drive, on Bison Path at Kenneys Way. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE PIONEER CROSSING, PHASES II AND III SUBDIVISION AS STOP INTERSECTIONS: ANNA PALM WAY AT COVERED WAGON TRAIL, ANNA PALM WAY AT KENNEYS WAY, ANNA PALM WAY AT CAPTAIN LADD COURT, KENNEYS WAY AT COVERED WAGON TRAIL, PREWITT LANE AT KENNEYS WAY, COVERED WAGON TRAIL AT PIONEER CROSSING DRIVE, BISON PATH AT PIONEER CROSSING DRIVE, AND BISON PATH AT KENNEYS WAY; PROVIDING FOR A SAVINGS CLAUSE ;AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10.B.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Legends Village Subdivision, Section 2,.!Phase I. (First Reading) • (Requires Two Readings) This item was approved under the consent agenda. The stop i signs will be placed on Regency Lane at Chandler Creek Boulevard, on Regency Lane at Brighton Plan, on Brighton Place at Chandler Creek Boulevard, on Chandler Creek Boulevard at Arterial A. ORDINANCE NO. i 69 APRIL 12, 2007 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE LEGENDS VILLAGE SECTION 2, PHASE 1 SUBDIVISION AS STOP INTERSECTIONS: REGENCY LANE AT CHANDLER CREEK BOULEVARD, REGENCY LANE AT BRIGHTON PLACE , BRIGHTON PLACE AT CHANDLER CREEK BOULEVARD, AND CHANDLER CREEK BOULEVARD AT ARTERIAL A; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *11.A.1. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 2 with Greenlander, LLC for vegetation control 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 Vegetation Control Services ("Agreement") with Greenlander, LLC, and WHEREAS, Greenlander, LLC has submitted Supplemental Agreement No. 2 to the Agreement to renew the contract term, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Greenlander, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Purchase of Vegetation Control Services with Greenlander, LLC, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and,the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 12th day of April, 2007. 11.A.2. Consider a resolution authorizing the Mavor to execute Construction Change Order No. 9 with RGM Constructors, L.P., for A.W. Grimes Boulevard Phase II from Lake Creek to US 79. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. In order to accommodate and maintain an all-weather roadway into the site for the Union Pacific Railroad bridge construction, additional flexible base material was needed. In addition, one commercial driveway was added into the Cirkiel Development, two additional gate valves and ductile iron fittings were used to install the valves to enable the PRV vault to be isolated for future maintenance. The change order is for $102,111.56. 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. 9, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 9 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 12th day of April, 2007. 70 APRIL 12, 2007 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.B.1. Consider a resolution granting a special exception to the Noise Ordinance ,(Chapter 6 Section 6.203(2)) for Fiesta Amistad. Jim Nuse, City Manager made the staff presentation. EI Amistad Club has submitted a Special Event Application for the Annual Fiesta Amistad. The application includes the playing of music after 10:00 p.m. and requires Council's approval. The Fiesta Amistad will be held on Saturday, May 26, 2007 and May 27, 2007..On Saturday, there will be a street dance with a live band and disc jockey until 1:00 a.m. Sunday, May 27, 2006. On Sunday, a live band and disc jockey will play music until 12:00 midnight. RESOLUTION NO. WHEREAS, the EI Amistad Club has submitted a Special Events Application for the Annual Amistad Festival ("Event") to be held on May 26, 20;07 and May 27, 2007, and WHEREAS, the Event will include the playing of music after 10:00 p.m. prohibited by • Chapter 6, Section 6.203(2)(b) of the Round Rock Code of Ordinances, and WHEREAS, pursuant to Chapter 6, Section 6.203(2)(c) an exception to the requirements of said Section may be authorized only by City Council approval, and WHEREAS, the City Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the provisions of Section 6.203(2)(b) of the Code of Ordinances are hereby waived, in order to permit the EI Amistad Club to play music from 10:00 p.m. on Saturday, May 26, 2007 until 1:00 a.m. on Sunday, May 27, 2007, and from 10:00 p.m. until 12:00 midnight on Sunday, May 27, 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 12th day of April, 2007. 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.C.1. Consider a resolution determining that "Construction Manager at Risk" is the delivery method, which provides the best value for the City for the construction of a proposed community swimming pool with the YMCA. Tom Martin, Transportation Director 71 APRIL 12, 2007 made the staff presentation. The Texas Local Government Code, Section 271.113 allows cities to use certain methods other than competitive bidding in entering into contracts for construction of facilities. One such method is "Construction Manager at Risk."This method mandates that the "governing body of an entity that is considering a construction contract using a method other than competitive bidding must, before advertising, determine which method provides the best value for the government entity." The YMCA plans to build an P 9 Y • eight lane competitive pool and a recreational pool/natatorium. The "Construction Manager at Risk" method would work well with the aggressive timeline needed for design and construction of the proposed swimming pool. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is currently negotiating with the YMCA of Greater Williamson County ("YMCA") for the joint construction and use of a new community swimming pool, 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 and the YMCA is considering using an alternative method other than competitive bidding for the construction of the pool with the YMCA, 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 YMCA and the Council has determined that this project would be best served by utilizing the "Construction Manager-At-Risk" method, and WHEREAS, Texas Local Government Code, Section 271.114(a) mandates a time • requirement that the "governing body of a governmental entity that is considering a construction contract using a method specified by Section 271.113(a) other than competitive bidding must, before advertising, determine which method provides the best value for the governmental entity," and WHEREAS, the City Council desires to comply with all requirements of the statute, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, In accordance with Texas Local Government Code §271.114(a), the,Council has determined that "Construction Manager-At-Risk" is the delivery method which provides the best value for the City for the construction of the community swimming pool with the YMCA. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2007. 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 to adopt the Community Housing Repair and Rehabilitation Program Policies and Procedures under the Community Development Block Grant Program. Jim Stendebach, Planning Director made the staff presentation. This document provides information on the application process and the single family owner 72 APRIL 12, 2007 occupied housing rehabilitation process. The Minor Home Repair Program Policies and Procedures which provided for $20,000 funding was previously adopted. The program has evolved from minor home repair to major rehabilitation with maximum funding of $25,000 per property. This document has also been amended to contain language that will allow limited repairs when rehabilitation is not feasible. Limited repairs will be allowed for HVAC, roof, electrical, or plumbing and not exceed $10,000. • RESOLUTION NO. WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, and WHEREAS, the Community Housing Repair and Rehabilitation Program is a Community Development Block Grant rehabilitation program available to income eligible homeowners in Round Rock, and WHEREAS, the City Council wishes to adopt the Community Housing Repair and Rehabilitation Program Policies and Procedures, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Community Housing Repair and Rehabilitation Program Policies and Procedures, attached hereto as Exhibit A and incorporated herein for all purposes, are hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that i such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2007. 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. 11.E.1. Consider a resolution authorizing the Mayor to execute an Engineering Services Contract with Baker-Aicklen and Associates, Inc. for the Old Settlers Park Lakeside Trail Improvement Project. Rick Atkins, Parks and Recreation Director made the staff presentation. For safety and aesthetic reasons, it is necessary to improve the trail along the Old Settlers Lake and provide a bridge structure for trail users to access the northwestern part of the park. The contract is for $38,800.00. This improvement entails replacing an • existing "bridge" and trail segments that will provide park pedestrians with a safer means of crossing the creek. This part of the park is used daily with significant use during the numerous cross country track meets that are held in the park. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Old Settlers Park Lake Side Trail Project, and WHEREAS, Baker-Aicklen and Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and pvi z 73 APRIL 12, 2007 WHEREAS, the City Council desires to enter into said contract with Baker-Aicklen and Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Baker-Aicklen and Associates, Inc. for the Old Settlers Park Lake Side Trail Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of April, 2007. 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. 11.F.1. Consider a resolution authorizing the Mayor to execute a construction contract with Joe Bland Construction. L.P., for the East Water Transmission Line - Phase 3B- 1 Improvements Project. Michael D. Thane, Director made the staff presentation. On March • 6, 2007, the City received nine (9) bids for this project. Due to the rising cost in construction materials over the past several years, the City bid two types of pipe for the water line construction: Steel Pipe and Ductile Iron Pipe. Staff recommended that selecting Ductile Iron Pipe„for this project provides the best value to the City from constructability and maintenance standpoints. In addition, a large portion of the City's water system has been constructed with Ductile Iron Pipe. Therefore, staff recommended awarding the project to Joe Bland Construction, L.P., in the amount of $3,533,611.00. This line is needed to deliver potable water to Paloma Lake MUD and to meet future water demands in the east and southeast areas of Round Rock. Per the Consent Agreement with Paloma Lake MUD, the MUD is responsible to pay $491,313.90 toward these improvements. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the East Water Transmission Line - Phase 3B-1 Improvements Project, and • WHEREAS, Joe Bland Construction, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Joe Bland Construction, 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 Joe Bland Construction, L.P. for the East Water Transmission Line - Phase 3B- 1 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. 7 4 APRIL 12, 2007 RESOLVED this 12th day of April, 2007. 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. 11.17.2. Consider a resolution authorizing the Mayor to execute a construction contract with Lewis Contractor's Inc., for the East Water Transmission Line - Phase 3B-2 Improvements Project. Michael D. Thane, Water/Wastewater Utility Director made the staff presentation. On February 28, 2007, the City received five (5) bids for this project. Lewis Contractor's, Inc. submitted the low bid in the amount of $2,116,004.00. The contract is to construct approximately 5,400 feet of 30" water line along County Road 122 from Kiphen Road to Highway 79. This water line is needed to meet current and future water demands in the east and southeast areas of the City and is a part of the City's Water Distribution Master Plan dated August 2004. In addition, this contract also includes the construction of the 12- inch Forest Creek Water Line Improvements along the south side of Forest Creek Drive and • extends from Red Bud Lane to St. Andrews Drive. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the East Water Transmission Line - Phase 3B-2 Improvements Project, and WHEREAS, Lewis Contractor's Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid;of Lewis Contractor's 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 Lewis Contractor's Inc. for the East Water Transmission Line - Phase 3B-2 Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of April, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas, Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 75 APRIL 12, 2007 11.F.3. Consider a resolution authorizina the Mavor to execute an Interlocal Agreement Regarding Final Design Services for a Regional Water System with the City of Cedar Park and the City of Leander. Michael D. Thane, Water and Wastewater Utility Director made the staff presentation. 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 Interlocal Agreement between the three cities outlines the procedure for managing the Final Design Service contracts. These services will be provided by four 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 Final Design Costs will be shared by the parties according to their ultimate capacity allocation percentage in the Regional Water System. The agreement is for $2,628,062 (Round Rock portion of Final Design Services). 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 Final Design Services for a 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 Final 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 12th day of April, 2007. 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.F.4. Consider a resolution authorizing the Mavor to execute Supplemental Contract No. 1 with Camp Dresser & McKee, Inc. regarding the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project. Michael D. Thane, Water and Wastewater Utility Director made the staff presentation. This Supplemental Agreement No. 1 is for Final Design Services for the Water Treatment Plant, which includes high service pump station; upper and lower clear wells, facility plan, regional 76 APRIL 12, 2007 SCADA system, phasing of the ultimate plant layout, and bidding. The total cost of this contract will be $2,606,800.00 with Round Rock's share being $1,005,182.08. 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 Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water 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 12th day of April, 2007. 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. 11.F.5. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with Lockwood, Andrews & Newnam, Inc. regarding the Water Transmission Line, Segment 1 for the Cedar Park/Round Rock/Leander Regional Water System Improvements Proiect. Michael D. Thane, Water and Wastewater Utility Director made the staff presentation. This Supplemental Agreement No. 1 for Final Design Services for the Water Transmission Line Segment 1 includes easement acquisitions, design of 78-inch water line, and bidding required to deliver treated water to the parties. The total cost of this contract will be $1,173,931 with Round Rock's share being $452,668. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Lockwood, Andrews & Newnam, Inc. for the Water • Transmission Line, Segment 1 for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, Lockwood, Andrews & Newnam, 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 Lockwood, Andrews & Newnam, Inc., Now Therefore ' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with Lockwood, Andrews & Newnam, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this 77 APRIL 12, 2007 Resolution and the subject matter hereof 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 April, 2007. 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. 11.F.6. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with Carter & Burgess, Inc. regarding the Raw Water Barge and Pipelines for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project. Michael D. Thane, Water and Wastewater Utility Director made the staff presentation. This Supplemental Agreement No. 1 for Final Design Services for the Raw Water Barge and Pipelines, include the raw water floating intake barge, and the associated raw water P 9 9 pipelines to deliver Lake Travis Water to the Regional Water Treatment Plant. The total cost of this contract will be $2,192,067 with Round Rock's share being $845,261. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Carter & Burgess, Inc. for the Raw Water Barge and Pipelines for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, Carter & Burgess, 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 Carter & Burgess, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with Carter & Burgess, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of April, 2007. 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. 78 APRIL 12, 2007 11.F.7. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with K. Friese &Associates, Inc. regarding the Water Transmission Line, Segment 2C for the Cedar Park/Round Rock/Leander Regional.Water System Improvements Proiect. Michael D. Thane, Water and Wastewater Utility Director made the staff presentation. This Supplemental Agreement No. 1 for Final Design Services for the Water Transmission Line Segment 2C, includes easement acquisitions, design of 72-inch water • line, and bidding required to deliver treated water to the parties. The total cost of this contract will be $627,561.00 with Round Rock's share being $324,951. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with K. Friese & Associates, Inc. for the Water Transmission Line, Segment 2C for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, K. Friese &Associates, 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 K. Friese & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 1 to the Contract with K. Friese &Associates, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as • amended. RESOLVED this 12th day of April, 2007. 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. APPOINTMENTS: 12.A. Consider 3 appointments to the Round Rock Housing Authority to fill unexpired terms. Letters of interest were received for the vacancies on the Round Rock Housing Authority from Veronica Carmona, resident of the Housing Authority, Faye Johnson, Crystal Estrada, Robert Penagos, and Paul Emerson. • MOTION: Councilmember Honeycutt moved to appoint, by acclamation, Veronica Carmona to the resident position on the Round Rock Housing Authority which expires June 2008. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode 79 APRIL 12, 2007 Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to nominate Faye Johnson, Robert Penagos, Crystal Estrada, and Paul Emerson for the remaining vacancies. 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 following results are from a poll of the Council. Faye Johnson 2 votes Robert Penagos 6 votes Paul Emerson 6 votes Crystal Estrada 0 votes MOTION: Councilmember Rhode moved that Paul Emerson fill the unexpired term that expires June 2008 and Robert Penagos fill the unexpired term that expires June 2007. • 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: None EXECUTIVE SESSION: 14.A. Consider Executive Session as authorized by 5551.071 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 District, Austin Division. The Council recessed to the Executive Chamber for the • Executive Session. Mayor Maxwell called the Executive Session to order at 8:20 p.m. Mayor Maxwell recessed the Executive Session at 8:40 p.m. and reconvened the Executive Session at 8:45 p.m. The Executive Session adjourned at 8:50 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 15.A. Consider discussion and/or action related to pending, 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 District, Austin Division. 80 APRIL 12, 2007 MOTION: Councilmember Williamson moved to accept the settlement agreement and joint press release that was discussed during the Executive Session. Councilmember Rhode 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. ADJOURNMENT: There being no further business, the meeting adjourned at 8:52 p.m. Respectfully Submitted, Christine-R. Martinez, City Secretary • 81 APRIL 26, 2007 The Round Rock City Council met Regular Session on Thursday, April 26, 2007 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. Mayor Maxwell called the session to order at 6:05 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. PRESENTATION: 3.A. Consider staff recommendation and discussion concerning future municipal facilities. Staff outlined the following points for discussion. Project History • 2001 General Obligations Bond plan for City Hall - Need for 60,000 sq ft of office space to replace existing City Hall and accommodate future growth - Located at Municipal Office Complex site on Bagdad Avenue (Baca Center not part of original Municipal Office Complex plan) Original Municipal Office Complex Concept • • Diagram of the complex Municipal Office Complex • Diagram of the complex Opportunities • Staff facility planning retreat - City Hall as policy center - Functional relationships • Facility opportunities - Building next door to City Hall - County Annex on Enterprise Drive City Hall Policy Center • Make City Hall a public gathering place - not just a place to do government business - Council chambers, offices; City Manager/Admin staff offices; Conference rooms for public meetings • A significant architectural structure that would be a point of community pride and identity • A catalyst for other development • NOT Class A office space for support functions • Functional Relationships • Support services (HR, Finance, IT, Utility Billing) - Locate at existing City Hall, building next door • Planning, Engineering, Public Works - Locate at Public Works "complex" and County Annex Existing City Hall Complex • Diagram of the City Hall complex Public Works Complex • Diagram of the Public Works complex 82 APRIL 26, 2007 Functional Relationships • Parks & Recreation stays at McConico, next to Baca Center • Municipal Court stays at McConico • Police working on new headquarters • Fire remains decentralized • Library stays downtown, future branch • Maintenance, yard sites Recommendation • • Buy building next door now • Buy County Annex when available • Build policy center-style City Hall at site of Council choosing - Timing impacts financing options CALL REGULAR SESSION TO ORDER - 7:00 P.M. The session was called to order at 7:15 p.m. PLEDGE OF ALLEGIANCE Mayor Maxwell led the following Pledges of Allegiance. S.A. United States Flag S.B. Texas State Flag CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 7.A. Consider proclaiming April 28, 2007 as "El Dia de los Ninos Celebrating Young Americans Day" or "iApoyandonos!." Mayor Maxwell read the following proclamation and • presented it to Officer Rigo Valles. WHEREAS, children are the center of the family, and families should have an established day to acknowledge the contributions and value of their children; and WHEREAS, the National Latino Children's Institute, serving as a voice for Latino children, has designated EI Dia de Los Ninos (Celebrating Young Americans) as a day to bring together Latinos and other communities nationwide to celebrate and uplift all children and ensure they are first in our lives and have a bright future ahead of them; and WHEREAS, -iAPOYANDONOS!" (Helping One Another) is a valuable, annual effort by the Round Rock Police Department to educate the Hispanic Community of Round Rock about police services and procedures, along with helpful community agency information and available programs; and WHEREAS, Round Rock will join with others across the United States as we celebrate the nationally recognized holiday, EI Dia de Los Ninos Celebrating Young Americans by supporting "IAPOYANDONOS! en El Dfa del Ninos," a free event for the whole family that will provide an abundance of information regarding health, education and safety for the Hispanic Community, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim April 28, 2007, as "El Dfa de Los Ninos: Celebrating Young Americans Day" and urge all citizens to celebrate now and forever this special day in the lives of children and to also attend the "iAPOYANDONOS! en El Dfa del Ninos" festivities on April 28, 2007, at the Allen R. Baca Center for Senior and Community Activities. • PROCLAIMED this 26th day of April 2007. 7.B. Consider proclaiming May 2007 as Hispanic Heritage Month. Mayor Maxwell read the following proclamation and presented it to Val Velasquez, Albert Hernandez, and Isaac Lopez. WHEREAS, throughout the years, Hispanic Americans have played an integral role in the Nation's success in science, the arts, business, government, and every other field of endeavor; and WHEREAS, the talents, creativity, and achievements of Hispanic Americans continue to energize many lives; and t R APRIL 26, 2007 WHEREAS, the warmth and vitality of the Hispanic culture is a great gift and part of the unique fabric of our country; and WHEREAS, a number of events during the month of May help contribute to the awareness of the Hispanic cultural and brings focus to the many traditions that have been handed down from generation to generation, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim the month of May 2007 as "HISPANIC HERITAGE MONTH" in the City of Round Rock and urge everyone partake in the many cultural events that will be held throughout this month. • PROCLAIMED this 26th day of April 2007. Mayor Maxwell dispensed with the order of the agenda with the unanimous consent of all the Councilmember present and addressed the following item. 12.G.1. Consider a resolution authorizing the Mayor to execute a revised and updated agreement with the Williamson County and Cities Health District. David Kautz, Assistant City Manager made the staff presentation. The Cooperative Agreement was last revised and re-adopted by the members in 1992. The members, Williamson County and the cities of Cedar Park, Georgetown, Round Rock, and Taylor have determined that the Cooperative Agreement needs to be amended and restated again to reflect current practices and to clarify certain provisions. RESOLUTION NO. WHEREAS, by Resolution No. 1743R, dated August 27, 1992, the City of Round Rock ("City") entered into the Williamson County and Cities Health District Cooperative • Agreement ("Agreement") with Williamson County, Georgetown, Taylor and Cedar Park which created the Williamson County and Cities Health District ("District") for the purpose of providing and furnishing county-wide public health programs; and WHEREAS, the District has determined that the Agreement needs to be amended and restated to reflect current practices and to clarify certain provisions; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said amended Agreement, a copy,of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode • Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Salinas was out of the room when the vote was taken. ACTION: The motion carried unanimously. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items. Item 12C2 was removed from the consent agenda and addressed in its normal sequence on the agenda. 84 APRIL 26, 2007 *9.A. Consider approval of the April 12, 2007 City Council meeting minutes. *11.13.2. Consider an ordinance amending Chapter ll, Section 11.424(2) of the City of Round Rock Code of Ordinances (1995 Edition), Horne Occupation provisions. (Second Reading) *11.C.1. Consider an ordinance authorizing the placement of stop signs in the Mayfield Ranch, Phase 5 Subdivision. (First Reading) (Requires two readings) • *11.C.2. Consider an ordinance establishing a 40-mph speed limit on Double Creek Drive, from Gattis School Road to Sweetgum Lane. (Second Reading) *11.C.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing Subdivision, Phase II & III. (Second Reading) *11.C.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Legends Village Subdivision, Section 2,(Phase I. (Second Reading) *12.C.2. Consider a resolution approving the return of unused grant funds to the Governor's Division of Emergency Management for the 2004 State Homeland Security Program. This item was withdrawn from the consent agenda and was addressed in its normal sequence on the agenda. MOTION: Councilmember Williamson moved to approve 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: *9.A. Consider approval of the April 12, 2007 City Council meeting minutes. This item was approved under the consent agenda. PUBLIC HEARINGS: 10.A.1. Consider public testimony to designate a 5.542 acre tract of land, as Reinvestment Zone No. 24 for Industrial Tax Abatement. (Komico) David Kautz, Assistant City Manager made the staff presentation. This reinvestment zone will enable the company to establish a U.S. facility that provides an important service to Samsung. The company will provide quality jobs as well as will occupy and renovate a vacant structure formerly owned by Photronics. Komico is a South Korean company that is a primary service of equipment for Samsung. This will be their first US facility and provides a ,reduction of time in the turnaround of essential equipment in Samsung's process. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 85 APRIL 26, 2007 ORDINANCES: 11.A.1. Consider an ordinance adiusting non-resident fees for library services to RRISD students in the form of a temporary card from May 26-August 31 2007 (First Reading) Dale Ricklefs, Library Director made the staff presentation. The Round Rock Public Library System (RRPLS) and the Round Rock Independent School District (RRISD) are discussing a joint branch/school library at the fifth high school on Gattis School Road. The RRPLS, in anticipation of this relationship, recommended that a pilot project be initiated this summer to gauge the impact of non-resident school-aged children's use on the library's services and collection through a free and reduced fee program. The two forms of cards would be offered to children entering the RRISD for use between May 26 and August 31, 2007. Mayor Pro-tem McGraw asked that a report be brought back to Council on the outcome of the pilot program. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1902 AMENDING THE LIBRARY CARD FEE SCHEDULE TO ALLOW FOR A LIMITED SEASONAL CARD AT A REDUCED RATE FOR CERTAIN NON-RESIDENTS, AND PROVIDING AN EFFECTIVE DATE, A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember 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 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.1. Consider an ordinance naming FM 1460 to A. W. Grimes Boulevard within the city limits of Round Rock. (First Reading) Jim Stendebach, Director of Planning and Community Development made the staff presentation. On May 25, 2006, Council asked for public input for a street name for FM1460. The Communications Department solicited names for the road which was completed at the end of June. Of the suggestions submitted, r 86 APRIL 26, 2007 the overwhelming response was to name the roadway"A. W. Grimes Boulevard." At the end of July, the Council initiated the procedure to name the, roadway. FM 1460 now aligns with A. W. Grimes Boulevard at the intersection of E. Palm Valley Boulevard. This street name furthers the City's efforts to maintain consistent street naming throughout Round Rock. Property address numbers will remain the same. ORDINANCE NO. • AN ORDINANCE NAMING THAT PORTION OF FM 1460 THAT EXTENDS NORTH FROM (EAST) PALM VALLEY BOULEVARD TO UNIVERSITY BOULEVARD (WITHIN THE CITY LIMITS), TO A.W. GRIMES BOULEVARD; PROVIDING 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 Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw- Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11.B.2. Consider an ordinance amending Chapter 11, Section 11.424(2) of the City of Round Rock Code of Ordinances (1995 Edition), Home Occupation provisions. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS AMENDING CHAPTER 11, SECTION 11.424(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING HOME OCCUPATION PROVISIONS; PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. *11.C.1. Consider an ordinance authorizing the placement of stop signs in the • Mayfield Ranch, Phase 5 Subdivision. (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 IN THE MAYFIELD RANCH, PHASE 5 SUBDIVISION AS STOP INTERSECTIONS: PINE NEEDLE CIRCLE AT PINE NEEDLE LANE AND CHALKSTONE LANE AT PINE NEEDLE CIRCLE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 87 APRIL 26, 2007 *11.C.2. Consider an ordinance establishing a 40-mph speed limit on Double Creek Drive, from Gattis School Road to Sweetgum Lane. (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 • DOUBLE CREEK DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.C.3. Consider an ordinance authorizing the placement of stop signs at various intersections in the Pioneer Crossing Subdivision, Phase II & III. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Anna Palm Way at Covered Wagon Trail (North & South bound); on Anna Palm Way at Kenneys Way (North & South bound); on Anna Palm Way at Captain Ladd Court; on Kenneys Way at Covered Wagon Trail (Eastern intersection); on Prewitt Lane at Kenneys Way; on Covered Wagon Trail at Pioneer Crossing Drive; on Bison Path at Pioneer Crossing Drive; and Bison Path at Kenneys Way. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE PIONEER CROSSING, PHASES II AND III SUBDIVISION AS STOP INTERSECTIONS: ANNA PALM WAY AT COVERED WAGON TRAIL, ANNA PALM WAY AT KENNEYS WAY, ANNA PALM WAY AT CAPTAIN LADD COURT, KENNEYS WAY AT COVERED • WAGON TRAIL, PREWITT LANE AT KENNEYS WAY, COVERED WAGON TRAIL AT PIONEER CROSSING DRIVE, BISON PATH AT PIONEER CROSSING DRIVE, AND BISON PATH AT KENNEYS WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11.C.4. Consider an ordinance authorizing the placement of stop signs at various intersections in the Legends Village Subdivision, Section 2, Phase I. (Second Reading) This item was approved under the consent agenda. The stop signs will be placed on Regency Lane at Chandler Creek Boulevard; Regency Lane at Brighton Plan; Brighton Place at Chandler Creek Boulevard; and Chandler Creek Boulevard at Arterial A. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE LEGENDS VILLAGE SECTION 2, PHASE 1 SUBDIVISION AS' STOP INTERSECTIONS: REGENCY LANE AT CHANDLER CREEK BOULEVARD, REGENCY LANE AT BRIGHTON PLACE , BRIGHTON PLACE AT CHANDLER CREEK BOULEVARD, AND CHANDLER CREEK BOULEVARD AT ARTERIAL A; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • RESOLUTIONS: 12.A.1. Consider a resolution authorizing the City Manager to execute a purchase order for Computer Aided Dispatch and Records Management System servers for the Police Department. Rick White, Police Administrative Manager made the staff presentation. The Computer-Aided Dispatch (CAD) and Records Management Systems (RMS) helps police and fire service agencies improve dispatch efficiency, provide quick response, and deliver accurate information to personnel in the field. This purchase would allow the replacement of the Police Department's Computer-Aided Dispatch and Records Management System i 8 .8 APRIL 26, 2007 servers, which go out of warranty this summer. The cost of the servers is $132,008.99. In addition, CADrovides access to state and nationals stems for trackingcriminal warrants p Y and criminal histories. RESOLUTION NO. WHEREAS, the City of Round Rock (`City") desires to purchase Computer Aided Dispatch and Records Management System servers for the Police Department, and WHEREAS, the City is a member of the Texas Building and Procurement Commission, • CISV Program ("TBPC"), and WHEREAS, SunGard HTE, Inc. ("SunGard") is an approved vendor of the TBPC, and WHEREAS, the City wishes to issue a purchase order to SunGard, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OFROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to SunGard for the purchase of Computer Aided Dispatch and;Records Management System. servers for the Police Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law atall times during which this Resolution and the subject matter hereof 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 April, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw; Councilmember Clifford' Councilmember Salinas, Councilmember Rhode : • Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Champion-Meier Assets, Ltd. for the purchase of right-of-way and drainage easement for the construction of the Kiphen Road expansion project. Councilmember Rhode asked for an Executive Session for this item. This item wasaddressed after the Executive Session. 12.C.1. Consider a resolution authorizing the Mayor to execute an agreement for Mutual Aid for fire service between the City of Round Rock Fire Department and the Williamson County Fire Chiefs Association (WCFCA) LarryHodge, Fire Chief made the staff presentation. Staff recommended approval of this agreement between City of Round'Rock and the WCFCA. This agreement would allow joint operation of fire services that would be mutually beneficial to all mention parties. • 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 Council has determined that it would be beneficial to the citizens of the City to secure the benefits of mutual aid from nearby fire departments for fire protection and emergency services, and WHEREAS, the Williamson County Fire Chiefs Association (WCFCA) has offered to enter into an agreement for mutual aid with the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF-ROUND ROCK, TEXAS, i 89 APRIL 26, 2007 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Mutual Aid in Fire Protection and Other Emergency Services Response, 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 April, 2007. • 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. *12.C.2. Consider a resolution approving the return of unused grant funds to the Governor's Division of Emergency Management for the 2004 State Homeland Security Program. This item was removed from the consent agenda and addressed at this time. Larry Hodge, Fire Chief made the staff presentation. Staff recommended the approval of returning $58,279.58 of unspent grant money received from the 2004 State • Homeland Security Grant Program. This portion of the grant funds was not expended due to timeline restrictions. The $58,279.58 was dedicated for the purchase of a radio system to provide information broadcasting on an AM frequency. Since the acceptance of the grant, it was determined that this radio system was not necessary because other methods are being utilized. RESOLUTION NO. WHEREAS, the City of Round Rock has been previously awarded grant funds from the Texas Engineering Extension Service through the 2004 State Homeland Security Program, and WHEREAS, administration of said grant was transferred from the Texas Engineering Extension Service to the Governor's Division of Emergency Management, and WHEREAS, a portion of the grant funds was not expended due to timeline restrictions and the remaining balance must be returned to the Governor's Division of Emergency Management, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the 2004 SHSP Closeout Grant Adjustment Notice, a copy of same being attached hereto as Exhibit"A" and incorporated herein. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 90 APRIL 26, 2007 Councilmember Salinas, Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.D.1. Consider a resolution selecting Bank of America as the official depository of the City of Round Rock and authorizing the Mayor to execute a Depository and Banking Services Contract with Bank of America. Cindy Demers, Finance Director made the staff presentation. State law requires municipalities to receive applications from financial institutions every 5 years for depository services. In addition to depository services, the agreement also includes merchant services (credit card processing). The City received five applications from banks for depository services, including an application from the City's existing depository Bank of America. Staff recommended entering into an agreement with Bank of America. The application and service proposal best meets the City's needs at the lowest net cost. The cost is approximately $112,000 a year. RESOLUTION NO. WHEREAS, Chapter 1, Section 1.1100, Code of Ordinances, City of Round Rock, Texas, provides that the City Council shall select a City Depository for the custody of City funds; and WHEREAS, the City has requested applications from banking firms authorized to submit such applications; and WHEREAS, in accordance with Section 105.014 of the Texas Local Government Code • the City, in reviewing the applications, has considered the terms and conditions for the performance of depository services, including the type and;cost of services to be provided to the municipality, consistent with any policy guidelines adopted by the City regarding the selection of one or more depositories; and WHEREAS, Bank of America has submitted the most favorable application; and WHEREAS, the City Council desires to accept the application of Bank of America and to enter into a Depository and Banking Services Contract; and WHEREAS, Section 105.015(a) of the Texas Local Government Code empowers the City Council to authorize a designated officer to execute on the municipality's behalf one or more depository services contracts; and WHEREAS, Section 105.016(a) of the Texas Local Government Code requires the City Council to designate the financial institution to serve as a depository for the municipality's funds, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Manager and/or the Director of Finance shall be, either jointly or individually, the designated officer(s) to serve as the primary liaison between the City and Bank of America, and the designated officer(s) may exercise the powers and duties as authorized by applicable law. II. That the application of Bank of America is hereby accepted and said institution is hereby selected as the official depository of the City of Round Rock, Texas, for the period beginning May 1, 2007, through April 30, 2009; and the Mayor is hereby authorized and directed to execute on behalf of the City, subject to approval of documents by the City Manager and City Attorney, a Depository and Banking Services Contract, and other • necessary and related documents, with Bank of America. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at!all times during which this Resolution and the subject matter hereof 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 April, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt 91 APRIL 26, 2007 Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None Absent: Councilmember Clifford was out of the room when the vote was taken. ACTION: The motion carried unanimously. 12.E.1. Consider a resolution authorizing the Mavor to execute Change Order No. 3 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. Originally an ATMOS high pressure gas line was in conflict with the proposed storm drainage system on this project. However, due to the high proposed cost of the relocation of the gas line, the drainage system in this area of the project was redesigned to eliminate the required work by ATMOS Energy Company. This Change Order compensates the contractor for labor and materials for the revised drainage system. The cost is $260,273.00. 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. 3, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 3 to the Contract with RGM Constructors, L.P. 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 26th day of April, 2007. 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. 12.E.2. Consider a resolution authorizing the Mavor to execute Change Order No. 4 with RGM Constructors, L.P., for additional contract days 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. Due to multiple utility conflicts encountered during the construction phase of the Kiphen Road project, time was suspended 92 APRIL 26, 2007 in April 26, 2006 and resumed on September 13, 2006. This change order will extend the contract time in order to cover the delays during which the;contractor was unable to work effectively. 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 extend the contract date, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 4, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF;ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 4 to the Contract with RGM Constructors, L.P. for the 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 26th day of April, 2007. 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. 12.E.3. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The City was awarded $1.5 million in Federal funds by the Capital Area Metropolitan Planning Organization. To meet the conditions of the award, the City must enter into an agreement with TxDOT, which includes plan review and secondary oversight by TxDOT. In addition, the agreement requires the City to comply with the National Environmental Policy Act and other applicable Federal and State laws, statutes, ordinances, rules and regulations. The Federal funds will be reimbursed to the City on a cost basis. This agreement is for $66,089. This roadway • extension will provide a new north-south crossing of Brushy Creek west of IH 35 that will improve access to Round Rock Hospital and Round Rock High School and provide access for emergency services. 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 APRIL 26, 2007 931 WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for a STP Metropolitan Mobility Project ("Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive, Now Therefore BE IT RESOLVED BY 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 26th day of April, 2007. 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. 12.F.1. Consider a resolution directing the Planning Director to prepare a service plan concerning the annexation of 19.03 acres of land, more or less, out of the Memucan • Hunt Survey and Socrates Darling Survey in Williamson County and the Socrates Darling Survey and the William Bratton Survey in Travis County. (Also known as Greenlawn/SH 45 Tracts 1-71 Jim Stendebach, Director of Planning and Community Development made the staff presentation. These tracts, known as Greenlawn/SH45 Tracts 1 - 7 and total 19.03 acres. These tracts are located in SH45 public right-of-way or abutting SH45 right of way, and are located east and west of Greenlawn Boulevard. Individual tracts are either entirely surrounded or nearly surrounded by previouslyannexed tracts, yet remain outside the city limits. It is the City's desire to annex these tracts in order to control the development of this area. RESOLUTION NO. WHEREAS, Section 43.065(a) of the Texas Local Government Code requires that, within certain specified statutory timeframes, the City Council of the City of Round Rock must direct the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the areas which are proposed for annexation, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby directs the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the following area proposed for annexation, said property being further described in Exhibit "A" attached hereto and incorporated herein for all purposes: (1) Greenlawn/SH 45 Tract 1-7 (19.03 acres, more or less). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2007. 94 APRIL 26, 2007 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. 12.F.2. Consider a resolution directing the Planning Director to prepare a service I plan concerning the annexation of 12.67 acres of land more or less out of the P.A. Holder Survey. (Also known as the Cressman Tract) Jim Stendeba;ch, Director Planning and Community Development made the staff presentation. This;tract of land, known as the Cressman Tract, is comprised of two abutting parcels located on the north side of US Highway 79 (a.k.a. East Palm Valley Boulevard), east and west of future Arterial A. A portion of the 19.03 acres (approximately 6.36 acres) was 'previously annexed by the City; however, 12.67 acres remains outside the City Limits. It is; the city's desire to annex these 12.67 acres in order to control the development of this area. RESOLUTION NO. WHEREAS, Section 43.065(a) of the Texas Local Government Code requires that, • within certain specified statutory timeframes, the City Council of the City of Round Rock must direct the City's Planning Director to prepare a service plan that,provides for the extension of full municipal services to the areas which are proposed for annexation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby directs the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the following area proposed for annexation, said property being further described in Exhibit"A" attached hereto and incorporated herein for all purposes: (1) Cressman Tract (12.67 acres, more or less). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2007. MOTION: Councilmember Williamson moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw. Councilmember Clifford' • Councilmember Salinas, Councilmember Rhode : Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12.F.3. Consider a resolution directing the Planning Director to prepare a service plan concerning the annexation of 52.84 acres of land, more or less, out of the Ephraim Evans Survey. (Also known as F.M. 1431 Parcel 5 Tract) Jim Stendebach, Director of Planning and Community Development made the staff presentation. The tract of land, 95 APRIL 26, 2007 known as the F.M. 1431 Parcel 5 tract, consists entirely of public right-of-way, extending westward from IH-35. The Tract contains 52.84 acres, is essentially a rectangle, and abuts previously annexed tracts on three sides. It is the city's desire to annex this tract in order to control development of the area. RESOLUTION NO. WHEREAS, Section 43.065(a) of the Texas Local Government Code requires that, • within certain specified statutory timeframes, the City Council of the City of Round Rock must direct the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the areas which are proposed for annexation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby directs the City's Planning Director to prepare a service plan that provides for the extension of full municipal services to the following area proposed for annexation, said property being further described in Exhibit "A" attached hereto and incorporated herein for all purposes. (1) FM 1431 Parcel 5 Tract (52.84 acres, more or less). The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2007. 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. 12.G.1. Consider a resolution authorizing the Mayor to execute a revised and updated agreement with the Williamson County and Cities Health District. This item was addressed earlier in the meeting after the proclamations. COUNCIL COMMENTS: None EXECUTIVE SESSION: 14.A. Executive Session as authorized by 5551.072 Government Code related to the purchase of real property, to wit: Office Building at 231 E. Main Street Round Rock Texas. The Council recessed to the Executive Chamber for the Executive Session. The • Executive Session was called to order by Mayor Maxwell at 8:26 p.m. and adjourned at 8:47 p.m. 12.B.1. Consider a resolution authorizing the Mavor to execute a Real Estate Contract with Champion-Meier Assets, Ltd. for the purchase of right-of-way and drainage easement for the construction of the Kiphen Road expansion project. The Executive Session for this item was called to order by Mayor Maxwell at 8:47 p.m. and adjourned back into regular session at 9:00 p.m. 96 APRIL 26, 2007 Steve Sheets, City Attorney made the staff presentation. The proposed contract is for purchase of a 0.001-acre fee simple tract, and 1.083 acre drainage easement along the frontage of property owned by Champion-Meier Assets, Ltd. in connection with the Kiphen Road expansion project. The contract is for $151,250. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.001 acre tract of land for additional • right-of-way and a 1.083 acre drainage easement interest for the Kiphen Road improvement project, and WHEREAS, Champion Meier Assets, Ltd., the owner;of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF'ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Champion Meier Assets, Ltd., for-the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at;all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2007. MOTION: Councilmember Williamson moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:01 p.m. RIspectfully Submitted, / Christine;R. Martinez, City Secretary i 97 MAY 10, 2007 The Round Rock City Council met Regular Session on Thursday, May 10, 2007 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem McGraw called the session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro-tem McGraw led the following Pledges of Allegiance. United States Flag Texas State Flag ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Scott Rhode, and Councilmember Ted Williamson. Mayor Maxwell arrived after 8E1 and Councilmember Carlos T. Salinas arrived during 8F2. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: None PROCLAMATIONS: 4.A. Consider proclaiming May 20-26, 2007 as Hurricane Awareness Week. Mayor Pro-tem McGraw read the following proclamation and presented it to Richard Rago of the Fire Department. 9 P • WHEREAS, each year the Texas Hurricane season begins June 1 and ends November 30; and WHEREAS, the 624-mile Texas Gulf Coastline and the hundreds of miles of area inland are vulnerable to the devastating effects of a hurricane or tropical storm; and WHEREAS, the best defense one can have is preparedness and public education about the dangers of the high winds, storm surge, flooding and tornadoes that may occur for hundreds of miles in conjunction with a hurricane or tropical storm; and WHEREAS; the National Weather Service, the Governor's Division of Emergency Management, and the Round Rock Office of Emergency Management strongly urge that all residents and visitors to this area be made aware of the potential dangers of these storms, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock in conjunction with the National Weather Service, the Governor's Division of Emergency Management and the Round Rock Office of Emergency Management do hereby designate the week of May 20- 26, 2007, as "HURRICANE AWARENESS WEEK" and urge all Round Rock citizens to participate in hurricane preparedness activities, and pay close attention to the watch and warning instructions. PROCLAIMED this 10th day of May 2007. 4.6. Consider proclaiming May 6-12, 2007 as National Drinking Water Week. Mayor Pro-tem McGraw read the following proclamation and presented it to Michael • Thane, Water/Wastewater Utility Director. WHEREAS, water is a basic and essential need for all living things; and WHEREAS, the quality of the City's drinking water meets or exceeds all applicable standards and regulations; and WHEREAS, all residential and industrial development in our City depend on the availability and quality of water; and WHEREAS, the City's fire protection capability depends upon an adequate water supply; and WHEREAS, the City's 110 employees that work in the Water and Wastewater Utility Department ensure that an abundant, safe, and affordable supply of drinking water is available, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby recognize the week of May 6-12, 2007 as "NATIONAL DRINKING WATER WEEK" 98 MAY 10, 2007 and call upon each citizen to help protect our water source from pollution, practicing water conservation, and getting involved in local water issues. PROCLAIMED this 10th day of May 2007. 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 April 26, 2007 City .Council meeting minutes. *7.C.1. Consider an ordinance authorizing the placement of stop signs in the Mayfield Ranch, Phase 5 Subdivision. (Second Reading) MOTION: Councilmember Williamson moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode i Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6.A. Consider approval of the April 26, 2007 City;Council meeting minutes. This item was approved under the consent agenda. ORDINANCES: 7.A.1. Consider an ordinance amending Chapter 1, Section 1.1002.1 of the Round i Rock Code of Ordinances (1995 Edition), regarding firefighter civil service classifications and number of positions. (First Reading) Larry Hodge, Fire Chief made the staff presentation. This ordinance will update the prescribed number of positions in each classification as required by Local Government Code, Chapter.. 143, Municipal Civil Service. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.002.1(4)(b) RELATING TO CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. k 99 MAY 10, 2007 MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. 7.B.1. Consider an ordinance naming Arterial "T" to Seton Parkway. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. Seton Hospital requested that Arterial "T" be named "Seton Parkway". Arterial "T" will be jointly constructed by the City, Seton Hospital, Texas State University and John Avery. Portions-of the right of way will be dedicated by Seton.Hospital and John Avery. Easements for the remaining portion will be dedicated by Texas State University. ORDINANCE NO. AN ORDINANCE NAMING A JOINTLY CONSTRUCTED STREET NOW REFERRED TO AS ARTERIAL "T" LOCATED BETWEEN UNIVERSITY BOULEVARD AND COUNTY ROAD 112, AS "SETON PARKWAY"; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson • Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. *7.C.1. Consider an ordinance authorizing the placement of stop signs in the Mayfield Ranch, Phase 5 Subdivision. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. 100 MAY 1.0, 2007 AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE FOLLOWING INTERSECTIONS IN THE MAYFIELD RANCH, PHASE 5 SUBDIVISION AS STOP INTERSECTIONS: PINE NEEDLE CIRCLE AT PINE NEEDLE LANE AND CHALKSTONE LANE AT PINE NEEDLE CIRCLE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 8.A.1. Consider a resolution approving the return of unused grant funds to the Governor's Division of Emergency Management for the 2004 State Homeland Security • Program. Tim Ryle, Assistant Police Chief made the staff presentation. This grant application originally was filed through the Texas Engineering Extension, Service (TEEX) and was approved in 2004. The State transferred all grants from the TEEX to the Governor's Division of Emergency Management. To complete the transfer, the grant was closed through TEEX, and the City had to re-apply through the Governor's Division. In 2006, City Council approved the acceptance of $28,146 through the Governor's Emergency Management Division. When the planned purchases were made, it was discovered that fewer web- accessible cameras were needed. In addition, the expansion of the key card access to City Hall only cost three-quarters of the plan. The remaining funds were not allowed to be used for other means. Staff recommended approval for the return of $9,018.05 of unspent grant money received from the 2004 State Homeland Grant Program. RESOLUTION NO. • WHEREAS, the City of Round Rock has been previously awarded grant funds from the U.S. Department of Justice for Office of Justice Programs, and WHEREAS, administration of said grant was originally through the Texas Engineering Extension Service but was transferred to the Governor's Division of Emergency Management ("GDEM") for Homeland Security Grant Programs, and WHEREAS, a portion of the grant funds was not expended due to timeline restrictions and the remaining balance must be returned to the Governor's Division of Emergency Management, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF,ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the 2004 LETPP Closeout Grant Adjustment Notice, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at;all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode ' Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. MAY 10, 2007 8.B.1. Consider a resolution authorizing the Mayor to execute a construction contract with Capstar Wireless, Inc. for the Round Rock Police Facility Tower. Tom Word, Chief of Public Works Operations made the staff presentation. This 130-foot tower will provide support of antennas/microwaves required for dispatch and 9-1-1 radio systems at the New Police Facility. Only one bid was received and opened on April 10, 2007 for this project. Capstar Wireless Inc. provided a bid for $116,000.00. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Police Facility Tower at 3001 Tellabs Drive, and WHEREAS, while only one bid was received from Capstar Wireless, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Capstar Wireless, 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 Capstar Wireless, Inc. for the Police Facility Tower at 3001 Tellabs Drive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. MOTION: Councilmember Williamson moved to approve the resolution. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. 8.C.1. Consider a resolution authorizing the Mayor to execute an Engineering Services Contract with HDR Enaineerinci, Inc. for the 2007 Impact Fee and Water Master Plan Updates. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. With the adoption of the 2005 Water and Wastewater Impact Fees the City committed to providing a study and updating of the water impact fees every.two years. In order to • complete the 2007 Water Impact Fee Study, an update of the 2003 Water Distribution System Master Plan is necessary. The contract is for $64,500.00. The fee for the 2007 Water Impact Fee Study Update is $24,500.00 and the fee for the 2007 Water Distribution System Master Plan Update is $40,000.00. The update to the 2003 Water Distribution System Master Plan is necessary because the Lake Travis Water was not considered in the 2003 Master Plan. RESOLUTION NO. e� 102 MAY 10, 2007 WHEREAS, the City of Round Rock desires to retain engineering services for the 2007 Impact Fee and Water Master Plan Updates, and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to'execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc. for the 2007 Impact Fee and Water Master Plan Updates, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and.declares that written notice of the date, hour, place and subject of the meeting at which this Resolution Was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw; Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. 8.D.1. Consider a resolution to amend the Annexation Agreement between the City and Mrs A.E. Martin to change the time for payment of the Developer Participation Fees. • Jim Stendebach, Planning and Community Development Director made the staff presentation. An application for a Planned Unit Development (PUD) for the construction of 144 units of Senior Housing on 8 acres of land has been received. This application is tied to tax credit funding, which requires that zoning be in place prior to approval of funding. The current annexation agreement with Mrs. Martin requires payment of the annexation fee with the application for zoning. This amendment will delay payment to the closing date of the sale of the 8 acres. The City will continue to carry the cost of financing the $93,600 balance until closing. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Annexation Agreement ("Agreement") with A.E. Martin for the purposes of providing for an adequate network of wastewater service to serve certain development projects, and WHEREAS, the City Council now wishes to enter into an Amendment to the Agreement, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OFi ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, an Amendment to Annexation Agreement with A.E. Martin, a copy being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law atiall times during which this Resolution and the subject matter hereof 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 May, 2007. phi , MAY 10, 2007 10 3 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Williamson seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None • Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. 8.E.1. Consider a resolution authorizing the Mayor to execute a Discretionary, Service Agreement with TXU Electric Delivery for the relocation of electrical distribution facilities for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement Project. Tom Word, Chief of Public Works Operations made the staff presentation. The relocation of electrical distribution facilities is required to proceed with IH 35 Frontage Road Collector/ Distributor and Hester's Crossing Bridge Replacement project. The agreement is for $133,106.00. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is planning a project for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement ("Project"), and • WHEREAS, TXU Electric Delivery Company ("TXU") is the only provider of electric service to that portion of the City and the only company allowed to provide, install or relocate the equipment necessary for provision of such electric service, and WHEREAS, in conjunction with the Project, the City wishes to enter into a Discretionary Service Agreement with TXU for the relocation of electrical distribution facilities along IH 35 west of Hesters Crossing Bridge, and WHEREAS, the Local Government Code, Section 252.022(a)(7) exempts expenditures for sole source providers from the competitive bidding requirements set forth in Local Government Code, Section 252.021, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Discretionary Service Agreement for the relocation of electrical distribution facilities along IH 35 west of Hesters Crossing Bridge, 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 May, 2007. MOTION: Councilmember Williamson moved to approve the resolution. • Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Williamson Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell Councilmember Salinas ACTION: The motion carried unanimously. 8.F.1. Consider a resolution authorizing the Mavor to execute an Agreement Regarding Construction of a Community Pool Addition to the YMCA of Greater Williamson 104 MAY 10, 2007 County Recreation Center. Jim Nuse, City Manager gave a brief overview and history of following items 8F1, 8F2, 8F3. He outlined the Memorandum of Understand between the City and the YMCA for a community pool. The City's contribution toward the total project is $2 million. The construction agreement details the scope of the project that generally includes an indoor eight lane by 25-yard competitive pool, a recreation fun pool, dressing rooms, • adequate parking and other features. The construction agreement details responsibilities of the parties. Steve Sheets, City Attorney outlined the agreement and project design. He added that the depth of the pool has changed due to the competitive pool standards. RESOLUTION NO. WHEREAS, YMCA of Greater Williamson County ("YMCA") is in the process of developing a year round indoor pool recreation facility, and. WHEREAS, pursuant to a Memorandum of Understanding approved by the Council on March 8, 2007 by Resolution No. R-07-03-08-12C2, the City of Round Rock ("City") and the YMCA have developed a community pool construction agreement, including the terms, conditions and provisions pursuant to which YMCA and the City shall design, develop and construct the pool, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to, execute on behalf of the City an Agreement Regarding Construction of a Community Pool Addition to the YMCA of Greater Williamson County Recreation Center, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. 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. 8.F.2. Consider a resolution authorizing the Mayor,to execute a Community Pool Joint Use, Access and Management Agreement with YMCA of Greater Williamson County. This joint use agreement is for 40 years and provides for access to the facility by City • residents, City sponsored events and swim teams. The agreement details the responsibilities of each party. In addition, the agreement also makes a provision for the repayment of the City's $2 million investment in the facility on a declining balance basis if the facility is not operated in accordance with the agreement. Under the agreement, the City has no responsibility for operations, maintenance, repairs or improvements to the facility. Steve Sheets, City Attorney outlined this agreement. MAY 10, 2007 10 RESOLUTION NO. WHEREAS, YMCA of Greater Williamson County ("YMCA") is in the process of developing a year round indoor pool recreation facility, and WHEREAS, pursuant to a Memorandum of Understanding approved by the Council on March 8 2007 b Resolution No. R-07-03-08-12C2, y the City of Round Rock ( City ) and the YMCA have developed an agreement for the joint use and access by the City and YMCA, and management and operation by YMCA of the community pool, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • Community Pool Joint Use, Access and Management Agreement with the YMCA of Greater Williamson County, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. 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. • 8.F.3. Consider a resolution authorizing the Mayor to execute a Subordination Agreement in favor of JPMorgan Chase Bank, N.A. regarding the YMCA/City of Round Rock Community Pool. This Subordination Agreement is pursuant to the terms of the Joint Use and Access Agreement. The Joint Use and Access Agreement provides for the YMCA to grant a lien to the City on its property to secure the obligations of the YMCA. This Subordination Agreement makes the City's lien inferior and junior to certain liens held by JPMorgan Chase Bank. RESOLUTION NO. WHEREAS, YMCA of Greater Williamson County (`YMCA") is in the process of developing a year round indoor pool recreation facility, and WHEREAS, pursuant to a Memorandum of Understanding approved by the Council on March 8, 2007 by Resolution No. R-07-03-08-12C2, the City of Round Rock ("City") and the YMCA have entered into a Construction Agreement and a Joint Use Agreement ("Agreements") regarding the community pool, and WHEREAS, in connection with the Agreements, the City has agreed to execute a Subordination Agreement and deliver same to JPMorgan Chase Bank, N.A., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Subordination Agreement, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Williamson seconded the motion. 106 MAY 10; 2007 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw! Councilmember Clifford! Councilmember Salinas) Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8.G.1. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with GMRI Texas, LP. for the purchase of right of way for the construction of the IH 35/Hesters.Crossing expansion project. (Olive Garden Tract) This item was addressed after the Executive Session. COUNCIL COMMENTS: None EXECUTIVE SESSIONS: 10.A. Executive Session as authorized by 5551.072 Government Code, related to the purchase of right of way and easement from GMRI Texas, LP. for the construction of the IH 35/1-lesters Crossing Expansion Project. (Olive Garden Tract) The Council recessed to the Executive Chamber for the Executive Session. Mayor Pro-tem McGraw called the Executive Session to order for item 10A at 8:05 p.m. and adjourned at 8:12 p.m. 10.13. Executive Session as authorized by 5551.072, Government Code, related to the purchase of real property, to wit• Office Building at 231E Main Street Round Rock Texas. Mayor Pro-tem McGraw called the Executive Session to order for item 10B at 8:12 p.m. and adjourned at 8:45 p.m. 10C. Executive Session as authorized by 5551.071, Government Code, Consultation with Attorney, related to (1) the Agreement Regarding Construction of a Community Pool Addition to the YMCA of Greater Williamson County Recreation Center; (2) a Community Pool Joint Use and Access and Management Agreement with YMCA of Greater Williamson County; and (3) a Subordination Agreement in favor of JPMorgan Chase Bank regarding the YMCA/City of Round Rock Community Pool. This item was.withdrawn from the agenda. ACTION RELATIVE TO EXECUTIVE SESSION: 11.A. Consider discussion and/or possible action related to the purchase of real property, to wit: Office Building at 231 E. Main Street, Round Rock, Texas. This was withdrawn from the agenda with no action taken by the Council. 8.G.1. Consider a resolution authorizing the Mayor to execute a Real Estate • Contract with GMRI Texas, LP. for the purchase of right of way for the'construction of the IH 35/1-lesters Crossing expansion project. (Olive Garden Tract) This contract is for the purchase of a 0.128-acre fee simple tract and drainage easement and along the frontage of property owned by GMRI Texas, L.P. (Olive Garden) in connection with the I35/1-lesters Crossing expansion project. The appraised fair market value of the needed right-of-way H 7 MAY 10, 2007 and drainage easement is $124,110.00. The cost of moving and replacing the irrigation system is $8,118.75. The total amount of compensation to the owner is $132,228.75. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.128 acre tract of land for additional right-of-way for the IH 35/Nesters Crossing improvement project, and WHEREAS, GMRI Texas, L.P., the owner of the property, has agreed to sell said property to the City, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with GMRI Texas, L.P., for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007. 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. ADJOURNMENT: There being no further business, the meeting adjourned at 8:45 p.m. R spectfully Submitted, C ristine R. Martinez, City Secretary • MAY 22, 2007 The Round Rock City Council met in a Special Called Session on Tuesday, May 22, 2007 7:00 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 Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember-Elect Kris Whitfield. Councilmember Joe Clifford and Councilmember Ted Williamson were 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, Chief of Police Bryan Williams, Fire Chief Larry Hodge, Transportation Director Tom Martin; City Engineer Danny Halden, Water/Wastewater Director Michael Thane, and Assistant Fire Chief Howard Cruse. CANVASS AND ISSUE CERTIFICATE OF ELECTION. The results of the canvass were as follows: Place 2 Alan McGraw received 1,291 votes elected Place 6 Kris Whitfield received 1,262 votes elected Place 6 Write-In Bradley Ellis received 60 votes; Total Ballots Cast: 1,611 DECLARE THE RESULTS OF THE MAY 12, 2007 CITY,COUNCIL ELECTION OFFICIAL._ RESOLUTION NO. WHEREAS, the City Council of the City of Round Rock ordered a general election to • be held May 12, 2007 for the purpose of electing Councilmember Place 2, and Councilmember Place 6, and WHEREAS, the City Council has investigated all matters pertaining to the election, including ordering, giving notice, officers, holding, and making returns of the election, and WHEREAS, the election officers who held the election have duly made the returns of the result thereof, and the returns have been duly delivered to this City Council, and WHEREAS, in accordance with Chapter 67 of the Texas Election Code, the City Council has canvassed the election returns, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1. That the City Council officially finds and determines that the election was duly ordered, that proper notice of the election was duly given, that proper election officers were duly appointed prior to the election, that the election was" d uly held, that the City has complied with the Federal Voting Rights Act and the Texas Election Code, that due returns of the result of the election have been made and delivered, and that the City Council has duly canvassed the returns, all in accordance with the law and the Ordinance calling the election. 2. That the City Council officially finds and determines that the following votes were cast at the election for Councilmember Place 2 by the:resident, qualified electors of the City, who voted at the election: Alan McGraw 1;291 votes 3. That the City Council officially finds and determines that the following votes were cast at the election for Councilmember Place 6 by the resident, qualified electors of the City, who voted at the election: Kris Whitfield 1,262 .votes • Write-in (Bradley Ellis) ` 60 votes 4. That the City Council officially finds, determines and declares the result of the 'election to be that Alan McGraw was elected as Councilmember Place 2. 5. That the City Council officially finds, determines and declares the result of the election to be that Kris Whitfield was elected as Councilmember Place 6. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. 10 ,9 MAY 22, 2007 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Clifford Councilmember Williamson ACTION: The motion carried unanimously. • STAFF BRIEFINGS: 5A. Consider staff briefings and Councilmembers' discussion and questions regarding items on the agenda for the May 24, 2007 City Council meeting. Mayor Maxwell outlined the Council agenda for May 24, 2007 allowing time for Council questions. Staff provided additional information and/or an explanation of the following items. Item 9A1 - Jim Stendebach gave a brief outline of the proposed amendments to the fees for site plans and zoning. Item 9A2 - Jim Stendebach described the location of the Colonial Grand at Ashton Oaks tract adding that this tract was requested to be rezoned from local commercial to multifamily. He outlined the visits that staff had with the neighbors of this tract. Item 9A3 - Jim Stendebach described the location of Carlin United Holdings Tract. He added that the neighbors that were contacted expressed no objection to the rezoning. • Item 9A4 - Jim Stendebach outlined the location of the Northpark at Old Settlers, Phase 1. He added that this is only for a public hearing. The amendment to the Land Use Plan for the Meadows at Chandler Creek MUD will occur at another meeting. Item 11A1 - Jim Nuse explained the purpose of the study for improvements to the RM620 corridor. TxDot held a public hearing and open house regarding improvements to RM 620 and additional pubic hearings and open houses will be conducted. He added that various alternatives are being investigated. This process will take about two years. He added that more details will be provided at the meeting. Item 11F1 - Fire Chief Hodge outlined the interlocal agreement for automatic aid assistance for fire services with the Sam Bass Volunteer Fire Department. Item 11F2 - Fire Chief Hodge outlined the agreement for fire protection and emergency services with the Williamson County Emergency Services District No. 9. • PRESENTATION: 6A. Consider presentation and discussion of the Strategic Calendar. Monique Adams, Administrative Assistant to the City Manager outlined the upcoming items for June and July and the items that have been completed. ADJOURNMENT: There being no further business, the meeting adjourned at 8:31 a.m. Respectfully Submitted, Christine R. Martinez, City Secretary 110 MAY 24, 2007 The Round Rock City Council met Regular Session on Thursday, May 24, 2007 in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Pro-tem McGraw called the session to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro-tem McGraw led the following Pledges of Allegiance. • United States Flag Texas State Flag 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 because he was attending his daughters' graduation ceremony. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. APPROVAL OF MINUTES: 4.A. Consider approval of the May 10, 2007 City Council meeting minutes. MOTION: Councilmember Honeycutt moved to approve the minutes as submitted. Councilmember Rhode seconded.the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGrawi Councilmember Clifford, Councilmember Salinas; Councilmember Rhode Councilmember Williamson Mayor Maxwell Nays: None ACTION: The motion carried unanimously. SPECIAL PRESENTATION: 5A. Consider special presentation to Councilmember Ted Williamson in appreciation for his service to the City of Round Rock. Mayor Pro-tem McGraw presented Councilmember Williamson with a plaque of appreciation for his service to the City. The Council offered their appreciation and thanks to Councilmember Williamson for the time he gave to the City. Councilmember Williamson expressed his thanks to:his supporters for allowing him to serve as their Councilmember and to the Council for the good working relationship. SWEAR IN NEWLY ELECTED COUNCILMEMBERS: ' 6.A. Swear in Alan McGraw for Council, Place 2 6.B. Swear in Kris Whitfield for Council. Place 6 Alan McGraw and Kris Whitfield were sworn into office by Dan McNery, Municipal Judge. Councilmember McGraw and Councilmember Whitfield expressed their thanks to their families and supporters. CITIZENS COMMUNICATIONS: 111 MAY 24, 2007 Judy Graci, 15775 Booth Circle, Volente expressed her concern regarding the Regional Water System Project with the City of Cedar Park.and the City of Leander. PRESENTATIONS: 8A1. Consider a presentation by Williamson County Commissioner Lisa Birkman regarding Williamson County Bond Projects. Williamson County Commissioner Lisa Birkman • gave a brief overview of the proposed 2006 Bond Projects. Mike Weaver briefly outlined the County Road Bond Program. Jim Rogers, Parks Director briefly outlined the Parks Bond projects. 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. 11F1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for automatic aid assistance for fire department services with the Sam Bass Volunteer Fire Department, Inc. Larry Hodge, Fire Chief made the staff presentation. This agreement outlines the responsibilities of the City and Sam Bass Volunteer Fire Department for fire service in the Vista Oaks area. The City would provide assistance for structure fires in the Vista Oaks Subdivision. Sam Bass Volunteer Fire Department would be the primary provider for other fire and first responder services. This agreement is in effect until • September 30, 2007. 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 Sam Bass Volunteer Fire Department Inc. for automatic aid assistance for fire department 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 Interlocal Agreement with the Sam Bass Volunteer Fire Department Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of May, 2007. MOTION: Councilmember Whitfield moved to approve the resolution. • Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11F2. Consider a resolution authorizing the Mayor to execute an agreement for fire protection and emergency services with the Williamson County Emergency Services District 11,2 MAY 24, 2007 No. 9. Larry Hodge, Fire Chief made the staff presentation. This agreement is to provide certain fire protection and emergency services to residences and businesses within the Williamson County Emergency Services District No. 9. The term of the agreement is for 21 months beginning January 1, 2007 through September 30, 2008 with automatic renewal for successive one year terms. RESOLUTION NO. • WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County Emergency Services District No. 9 for fire protection and emergency 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 Interlocal Agreement with Williamson County Emergency Services District No. 9, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of May, 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 Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 9A1. Consider public testimony regarding proposed amendments to Chapter 11, Section 11.301 (3) of the Code of Ordinances to amend fee requirements for site plans and zoning. Jim Stendebach, Planning and Community Development Director made the staff presentation. He outlined the proposed fees for the following items. Site Plan Fees The Comprehensive site plan review was introduced in the new zoning ordinance adopted June 2002. The ordinance established the Development Review Committee to ensure a coordinated review by all city departments involved in the approval process. Fees were not adopted for this process. The proposed fee structure will assist in recovering a • portion of the cost of providing site plan review services. Zoning Fees Zoning fees have remained unchanged since mid-1980. Staff reviewed fees charged by neighboring municipalities and recommended a new fee schedule. Staff presented the proposed fee schedule to the Chamber of Commerce Review Committee which, consists of a broad representation of Round Rock's development and business communities. The 113 MAY 24, 2007 Committee favorably reviewed the fees and supported the need for the City to recover costs with respect to development review. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the P 9 9 Y� public hearing was closed. 9A2. Consider public testimony regarding the application filed by Sycamore Trail • Ltd. to rezone 1.883 acres of land out of the P.A. Holder Survey from C-2 (Local Commercial) to MF (Multifamily) District. (Colonial Grand at Ashton Oaks) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 1.883- acre tract abuts and is surrounded by approximately 33 acres of multifamily-zoned property. The original zoning of commercial was never utilized. This tract would be incorporated into adjacent multifamily tracts for a unified 35-acre multi-family project. The applicant met with the area residents and Homeowners Association representatives to address their concerns. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9A3. Consider public testimony regarding the application filed by Carlin United Holdings to rezone 1.15 acres on South Mays Street between Logan Street and Nash Street • from C-1 (General Commercial) District and SF-2 (Single Family - Standard Lot) to C-la (General Commercial - Limited) District. (Carlin United Holdings Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. This 1.15 acre site has frontage along S. Mays Street which is currently zoned commercial. The rezoning would provide commercial zoning for the entire tract, which is between S. Mays Street and Mandell Street. The C-1a District reduces the commercial uses allowed by excluding vehicle sales and limiting other uses. The applicant contacted the surrounding owners prior to submitting the application and received support for the rezoning. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9A4. Consider public testimony regarding the application filed by Northpark at Old Settlers, LP to amend the Land Use Plan for the Meadows at Chandler Creek Municipal Utility District by designating 10.42 acres, more or less, as Single-Family Residential designation. • (Northpark at Old Settlers Phase 11 Jim Stendebach, Planning and Community Development Director made the staff presentation. This 10.42-acre tract is part of a two- phase Concept Plan covering approximately 47 acres and is being designated SF-2 (Single Family - Standard Lot) zoning. This residential phase of 43 lots is immediately north of existing single-family residential, and will be separated from a proposed future industrial phase (Phase 2), by an existing 100' wide electrical easement, which would serve as a built- in buffer. Access to the single-family residences will be provided through the existing street 11 .4 MAY 24, 2007 network in the Meadows of Chandler Creek Municipal Utility District (MUD). The City will still maintal� land use authority. Maver Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 1bA1 Consider an ordinance rezoning 1.883 acres out of the P.A. Holder Survey from C-2 (Local Commercial) to MF (Multifamily) District. (Colonial Grand at Ashton Oaks) • First R6alri'' Jim Stendebach, Planning and Community Development Director made the staff,`11-oparjtation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.883 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-2 (LOCAL COMMERCIAL) TO DISTRICT MF (MULTIFAMILY). MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield 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 and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10A2. Consider an ordinance rezoning 1.15 acres on South Mays Street between Logan StF,6et and Nash Street from C-1 and SF-2 Districts to C-1a District. (Carlin United Hold11 0' 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 ADq,FTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUNDROCK,OCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.15 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, A�STRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) AND DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO DISTRICT C-1A GENERAL COMMERCIAL - LIMITED). 1 .1 MAY 24, 2007 f MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell CTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers. present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10A3. Consider an ordinance regarding proposed amendments to Chapter 11, Section 11.301(3) of the Code of Ordinances to amend fee requirements for site plans and • zonir !.(First Reading) (Requires Two Readings) Jim Stendebach, Planning and Community DevOlopment Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.301, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, TO ESTABLISH FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND 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 Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell • ACTION: The motion carried unanimously. 11A1. Consider a resolution of support for the Texas Department of Transportation study of possible improvements for the RM 620 corridor between SH-45 and IH-35. Tom Word, Chief of Public Works Operations made the staff presentation. This resolution expresses the City's support of TxDOT's efforts to perform the RM 620 corridor and environmental studies in cooperation with the City and Williamson County. This study will determine the most appropriate way to resolve the safety and congestion problems along the RM 620 corridor in and near Round Rock. 1 .1 6 MAY 24, 2007 RESOLUTION NO. WHEREAS, the RM 620 corridor between North SH 45 and IH 35 is a gateway to many of Round Rock's important destinations - Round Rock Medical Center, Round Rock High School, downtown Round Rock and businesses along the commuter route to IH 35, and WHEREAS, increased traffic and resultant congestion; has made the RM 620 corridor a safety concern, particularly the access to healthcare facilities, and WHEREAS, the Texas Department of Transportation (TxDOT) has conducted a public meeting regarding a proposed study of possible improvements to the RM 620 corridor, and WHEREAS, the City of Round Rock supports TxDOT's efforts to perform the RM 620 corridor and environmental studies, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock supports and encourages the Texas Department of Transportation to perform the RM 620 corridor and environmental studies to resolve the safety and congestion problems. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 55-1, Texas Government Code, as amended. RESOLVED this 24th day of May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas; Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw: Nays: None Absent: Mayor Maxwell • ACTION: The motion carried unanimously. 11B1 Consider a resolution authorizing the Mayor to execute an agreement with Minuteman Press for the printing of City letterhead, envelopes and business cards. Cindy Demers, Finance Director made the staff presentation. This agreement is for all materials, equipment and labor necessary to print City letterhead, envelopes and business cards. The City received four bids from local printing firms. The bids were evaluated and it was determined that Minuteman Press was the best bid at the lowest cost. This agreement is for a three year term with the option of two twelve month extensions. The cost is approximately $11,686.50/year for a five year total of $58;432.50. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for print services for letterhead, envelopes and business cards, and WHEREAS, T. Huggins Enterprises dba Minuteman Press Round Rock has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of T. Huggins Enterprises dba • Minuteman Press Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF;ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Print Services for Letterhead, Envelopes, and Business Cards with T. Huggins Enterprises dba Minuteman Press Round Rock, 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 May, 2007. d 1 :1 :7 MAY 24, 2007 MOTION: Councilmember Whitfield 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. 11C1. Consider a resolution authorizing the City Manager to issue a purchase order to INX, Inc. for the installation of computer network infrastructure in the new police headquarters building. Police Officer Troy Evans made the staff presentation. Part of remodeling the Tellabs Building for the new Police Department headquarters requires the installation of computer network infrastructure. This is a cooperative purchase from the State Department of Information Resources (DIR). The IT/GIS Department obtained competitive and comparative pricing to verify that this solution was the best value purchase for the City. The purchase order is for $311,191.59. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to install computer network infrastructure in the new police headquarters building, and • WHEREAS, the City is a member of the State Department of Information Resources ("DIR"), and WHEREAS, INX Inc. ("INx") is an approved vendor of the DIR, and WHEREAS, the City wishes to issue a purchase order to INX, 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 INX for the installation of computer network infrastructure in the new police headquarters building. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford , Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11D1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding Condemnation Legal Services for the Regional Water System with the City of Cedar Park and the City of Leander. Michael D. Thane, P.E., Director of Utilities made the staff presentation. This agreement is for Condemnation Legal Services. A Counsel will be appointed by the participating cities. The legal services will be provided to support 11 � MAY 24, 2007 any required condemnation for the regional project. All of the legal services will be shared by the participating parties according to their ultimate capacity allocation percentage in the Regional Water System. 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 Cedar Park and the City of Leander regarding condemnation legal services for the Regional Water 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 an Interlocal Agreement 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 24th day of May, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11D2. Consider a resolution authorizing the Mayor, to execute an Interlocal Agreement Regarding Project Management Services for the Regional Water System with the City of Cedar Park and the City of Leander. Michael D. Thane, P.E., Director of Utilities made the staff presentation. This agreement is for Project Management Services which includes the selection and appointment of a Regional Project Manager to provide management and oversight services for the regional project. All Project Management costs shall be shared by the parties according to their ultimate capacity allocation percentage in the Regional Water System. 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 Cedar Park and the City of Leander regarding project management services for the Regional Water 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 an Interlocal Agreement 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. MAY 24, 2007 RESOLVED this 24th day of May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11D3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for Emergency Water Supply between the City of Round Rock and the City of Cedar Park. Michael D. Thane, Director of Utilities made the staff presentation. This resolution is for an Interlocal Agreement for Emergency Water Supply with the City of Cedar Park. This agreement would provide a long-term interconnection between Cedar Park's water distribution system and Round Rock's water distribution system. The interconnection will be at the northwest corner of the intersection of Sam Bass Road and RM 1431 which will have dual meters to allow for flows to or from either city. In developing the "Interim Water Supply" interlocal agreement, both cities agreed that it would be an efficient use of the interim water supply improvements. When Cedar Park no longer needs interim water after • 2010, the improvements will be used as a Ion term interconnection capable. of providing P 9 P P 9 each city an emergency water supply. 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 Cedar Park for emergency water 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 Interlocal Agreement 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 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2007. • MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 120 MAY 24, 2007 11D4. Consider a resolution authorizing the Mayor to execute a revised Interlocal Agreement for Interim Water Supply between the City of Round Rock and the City of Cedar Park. Michael D. Thane, Director of Utilities made the staff presentation. This resolution is to revise the current Interlocal Agreement for Interim Water Supply (Revised), executed on July 27, 2006, from providing Cedar Park a firm capacity of 2.5 million gallons per day (MGD) to a firm capacity of 4 MGD. This agreement, like the current agreement, will provide • Cedar Park interim water allowing the completion dates of the Regional Water Treatment Plant and associated water lines to be delayed for two years to the Spring of 2010. In order to provide Cedar Park the 4 MGD, the City of Round Rock has identified three Capital Improvement Projects necessary to provide this 4 MGD flow rate. The first project is the RM 1431 24-inch Water Line, the second project is the RM 1431 2.0 MG Elevated Water Storage Tank, and the third project is a 7.5 MGD High Service Pump at our Water Treatment Plant. With this interlocal agreement, Cedar Park has agreed to pay the City of Round Rock a lump sum amount of $1,000,000. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the City of Cedar Park for interim water 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 Interlocal Agreement 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 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 11D5. Consider a resolution authorizing the Mayor to execute an Engineering Services Contract with K. Friese & Associates, Inc. for the RM 1431 24-Inch Water Line Improvements. Michael D. Thane, Director of Utilities made the staff presentation. This project was identified in the current Water Master Plan and is necessary to provide a maximum of 4 million gallons per day (MGD) of interim water, as well as future emergency water, to the City of Cedar Park. The water will be provided in accordance with two Interlocal Agreements between the City of Round Rock and the City of Cedar Park: one for 121 MAY 24, 2007 Interim Water Supply and the other for Emergency Water Supply. In addition, by 2014 with the completion of Water Line - Segment 3 that will bring treated water from the regional water treatment plant, this 24-inch water line will become a part of the City's water distribution system delivering water from the regional water system into our city-wide water distribution system. The contract for engineering services associated with the RM 1431 24 • inch waterline improvements is for $59,675.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the RM 1431 24-inch Water Line Improvements Project, 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 RM 1431 24-inch Water Line Improvements Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11D6. Consider a resolution authorizing the Mayor to execute a Revised Consent Agreement with Blake Magee Investments, L.P., for the creation of Paloma Lake Municipal Utility Districts Nos. 1 and 2. Michael D. Thane, Utility Director made the staff presentation. This resolution will amend the Consent Agreement regarding the creation of Paloma Lake MUD No. 1 and No. 2. The revisions are listed below. • Line C-8 of the McNutt Creek Wastewater Interceptor will be located within County Road 122. • Revise ultimate wastewater line sizes versus the size to serve the Districts only. • Temporary wastewater service for the first houses in the MUD's will be allowed to pump wastewater to the Settlers Crossing Lift Station. • The City will reimburse the developer for the City's portion of the wastewater line segments based on progress payments instead of standard reimbursement out of the City's oversize account. • Changes in the off-site water line segments to be built by the City versus being built by the Developer. The City will reimburse the Developer accordingly for these costs. • Street lights located within the Districts will be owned and operated by the Districts. Street lights located within the right-of-way of County Road 122 will be owned and maintained by the City. • Sidewalks within the Districts which are not maintained by the County will be maintained by the Homeowners Association. 12 -2 MAY 24, 2007 RESOLUTION NO. WHEREAS, the City has previously entered into a Consent Agreement with Blake Magee Investments, L.P., (" Original Developer") regarding, the creation of Paloma Lake Municipal Utility District No. 1 and Paloma Lake Municipal Utility District No. 2, and WHEREAS, the Original Developer assigned its rights and obligations under the Consent Agreement to Paloma Lake Development, Inc. ("Developer"), and WHEREAS, the City now desires to enter into Amendment No. 1 to the Consent Agreement with the Developer, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF!ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to; execute on behalf of the City • Amendment No. 1 to Consent Agreement with Paloma Lake Development, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at;all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of May, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E1. 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. • Additional funding for A.W. Grimes Boulevard Phase 2 in the amount of $130,363. The funds are required to fully fund a contractor claim caused by the Union Pacific Railroad delay. The project limits are Lake Creek to US 79 at FM 1460. • Additional funding for Kiphen Road (CR 113) in the amount of$787,616. A portion of the funds are required to fully fund a contractor claim caused by utility relocation (Southwestern Bell Telephone, Time Warner Cable, ATMOS Gas and TXU Electric Delivery) and right-of-way acquisition delays. The other portion of the funds is required for new wastewater manholes and a fire hydrant, as well as establishing a five percent construction contingency. The project limits are FM 1460 to CR 122. • Reduce funding for FM 1460 in the amount of $37,616 for close out of completed tasks. The funds are included in the Kiphen Road amendment. The project limits • are Old Settlers Blvd. to 0.9 miles north of US 79. • Reduce funding for the South Mays Street Improvements by $49,363 for project close out. The funds are included in the A.W. Grimes Boulevard Phase 2 amendment. The improvements included South Mays Street, Dell Way, Gattis School Road Extension and the Dell Way/Boardwalk Connection 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 123 MAY 24, 2007 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 24th day of May, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember.Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E2. Consider a resolution authorizing the Mayor to execute a construction contract with F.T. Woods Construction for the construction of the Seton Parkway Project • Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. In conjunction with the development of the Seton Hospital at the intersection of University Boulevard and A.W. Grimes (FM 1460), the City entered into a four-party agreement with Seton Hospital, Texas State University and the Avery Family to construct a four-lane minor arterial, Arterial "T", west of the hospital that would provide enhanced access to all of the properties in the area. As a part of the agreement, the City committed to construct two arterial lanes between University Boulevard to approximately the south Seton Hospital property line. On April 24, 2007, the City received four bids for the construction of the Arterial Roadway Phase I, Segment A & B. The lowest responsive, responsible bid was submitted by F.T. Woods Construction in the amount of $1,098,489.00: RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Arterial "T" Roadway (now known as Seton Parkway) Project, and WHEREAS, F.T. Woods Construction has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept the bid of F.T. Woods 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 F.T. Woods Construction for the Seton Parkway Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of May, 2007. 124 MAY 24, 2007 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None • Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E3. Consider a resolution authorizing the Mayor to execute Change Order No. 10 with RGM Constructors, L.P. for the A.W. Grimes Phase II Proiect. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. This change order is for the repair of a utility trench across the driveway and reinstallation of irrigation zones to finalize the Cirkiel property acquisition. The addition of a non-climb chain link fence around the pedestrian tunnel headwall for pedestrian safety and the replacement of damaged curb due to the CVS contractor off loading equipment also required on the A. W. Grimes project. The cost of replacing the damaged curb will be paid by CVS. The cost of the remaining work is for $34,709.30. 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. 10, Now Therefore BE IT RESOLVED BY 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. 10 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 24th day of May, 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 Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E4. Consider a resolution authorizing the Mayor to execute Contractor Claim No 1 for the A.W. Grimes Improvements Project, Phase II. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. This Contractor Claim is due to the 1.2 , MAY 24, 2007 failure by UPRR to fulfill their original contractual obligation for the reconstruction of the railroad bridge over Brushy Creek and A.W. Grimes Boulevard. The City's constructor, RGM Construction, was delayed and incurred the following additional unforeseen costs. • $141,841.50 for 3 months of additional bridge formwork rental; • $75,175.63 to fund increases in asphalt costs past the original contract completion date. • The total cost of Claim No. 1 is $217,017.13. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. ("RGM") for the A.W. Grimes, Phase II Construction Project ("Project"), and WHEREAS, the failure by Union Pacific Railroad to fulfill their original contractual obligation has caused unforseen delays for the Project and has resulted in increased costs for RGM, and WHEREAS, RGM has submitted a Contractor Claim No. 1 regarding the increased costs caused by the delays, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, Contractor Claim No. 1 for the A.W. Grimes, Phase II Construction Project, a copy of said contractor claim being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 May, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E5. Consider a resolution authorizing the Mayor to execute Contractor Claim No. 1 for the Kiphen Road Improvements Project, Phase II. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. This Contractor Claim is for extensive delays caused by the relocation of utilities including Southwestern Bell (ATT), Time Warner Cable, Atmos Gas and TXU Electric as well as the acquisition of certain parcels of required • rights-of-way. The contract with RGM Construction expired on the original contract completion date of March 21, 2007. In addition, the original asphalt commodity price provided to the City's contractor for this project increased to the amount of $495,450.88 for the remaining pavement to be placed. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. ("RGM") for the Kiphen Road, Phase II Construction Project, and 1-2 6 MAY 24, 2007 WHEREAS, the relocation of various utilities, as well as the acquisition of certain parcels of required rights-of-way has caused unforseen delays for the Project and has resulted in increased costs for RGM, and WHEREAS, RGM has submitted a Contractor Claim No. 1regarding the increased costs caused by the delays, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to;execute on behalf of the City, Contractor Claim No. 1 for the Kiphen Road, Phase II Construction Project, a copy of said contractor claim being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 55;1, Texas Government Code, as amended. RESOLVED this 24th day of May, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas; Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw; Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E6. Consider a resolution authorizing the Mayor to execute Change Order No. 5 with RGM Constructors, LP. for the Kiphen Road, Phase II Proiect. Thomas G. Martin, P.E., • Director of Transportation Services made the staff presentation. This change order is for accommodating additional barricades, signage and traffic handling due to increased contract time and for the installation of new wastewater manholes for the Project. In addition, to provide quantity adjustments for barricades, signage and traffic handling, for new manhole construction, to provide modified manhole drop connections in accordance with City details, in lieu of the detail shown on the contract drawings, and to,remove the existing fire hydrant, install a new fire hydrant, with tapping sleeve and valve, which will be placed behind the new proposed curb and gutter. The change order is for $69,709.03. 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. 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 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 24th day of May, 2007. MAY 24, 2007 127 MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11F1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for automatic aid assistance for fire department services with the Sam Bass Volunteer Fire Department, Inc. This item was addressed earlier in the meeting. 11F2. Consider a resolution authorizing the Mayor to execute an agreement for fire protection and emergency services with the Williamson County Emergency Services District No. 9. This item was addressed earlier in the meeting. COUNCIL COMMENTS: 13A. Executive Session as authorized by 8551.072, Government Code, related to the purchase of real property, to wit: Approximately 5,625 SF of vacant land along the southeast line of E. Liberty Avenue known as Lot 13, Block 22, 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 9:35_p.m. and adjourned back into Regular Session at 9:45 p.m. 14A. Consider discussion and/or possible action related to the purchase of real property, to wit: Approximately 5,625 SF of vacant land along the southeast line of E. Liberty Avenue known as Lot 13, Block 22, City of Round Rock. MOTION: Councilmember Rhode moved to offer $100,000 for property. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • ADJOURNMENT: There being no further business, the meeting adjourned at 9:45 p.m. Respectfully Submitted, C ristine R. Martinez, City Secretary 128 JUNE 5, 2007 The Round Rock City Council met in a Special Called;Session on Tuesday, June 5, 2007 at 7:30 a.m. in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 7:30 A.M. Mayor Maxwell called the session to'order at 7:30 a.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember-Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Kris ;Whitfield: Councilmember Scott Rhode was absent. Also present were Assistant City Manager David Kautz and City Attorney Steve • Sheets. RESOLUTIONS: 3A1. Consider approving a resolution directing the ipublication of Notice of Intention to Issue City of Round Rock, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007 and Other Matters Related Thereto. Cindy Demers, Finance Director made the staff presentation. The current law requires that the City publish a Notice of Intent to issue Certificates of Obligation 14 days before the date of the adoption of the ordinance authorizing the Certificates of Obligation. The Legislature recently adopted a law requiring the notice to be published at least 31 days before adopting.the ordinance. The law could become effective at anytime depending upon when the governor signs it. The Bonds are for the construction, renovation, acquisition, improvement and'equipment for the City Park and recreational facilities. This includes the construction, renovation, improvement, acquisition, and equipment of Old Setter's Park and paying a portion of'the costs of constructing and equipping a pool complex with the YMCA of Greater Williamson County at 1812 North Mays in Round Rock and the payment of professional services in connection and including legal, fiscal and engineering fees and the costs of issuance in connection with the certificates. The • issuance of these obligations is not expected to adversely affect the City's excellent credit rating because of the City's strong financial position and debt capacity. The delivery of he bonds is August 1St RESOLUTION NO. RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF ROUND ROCK, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007 AND OTHER MATTERS RELATED THERETO. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford' Councilmember Salinas, Councilmember Whitfield Mayor Pro-tem McGraw, Mayor Maxwell Nays: None Absent: Councilmember Rhode • ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 7:35 a.m. R pectfully submitted,, Christine;R. Martinez, City Secretary 129 ]UNE 12, 2007 The Round Rock City Council met in a Special Called Session on Tuesday, June 12, 2007 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:30 A.M. ROLL CALL: Those membersresent were Mayor Pro-tem Alan McGraw Councilmember P Y , Rufus Honeycutt, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Mayor Nyle Maxwell and Councilmember Joe Clifford were 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, Chief of Police Bryan Williams, Assistant Chief of Police Tim Ryle, City Engineer Danny Halden, and Water/Wastewater Director Michael Thane. 3A1. Consider public testimony regarding the proposed unilateral annexation of 52.84 acres of land, more or less, out of the Ephraim Evans Survey Abstract No. 212. (F.M. 1431 Parcel 5 Tract) (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract of land is known as the FM 1431 Parcel 5 Tract. The tract consists entirely of public right-of-way, extending westward • from IH-35. The 52.84 acres is essentially a rectangle and abuts previously annexed tracts on three sides. This is the first of two required public hearings; the second public hearing will be on June 12, 2007. Mayor Pro-tem McGraw opened the public hearing, there being no testimony the public hearing was closed. 4A. Consider staff briefings and Councilmembers' discussion and questions regarding items on the agenda for the June 14, 2007 Citv Council meeting. Mayor Pro-tem McGraw outlined the Council agenda for June 14, 2007 allowing time for Council questions. Staff provided additional information and/or an explanation of the following items. Item 3A1 - Tom Word reported that the presentation concerning transit/public transportation options will be to provide the Council with background information. Staff will not be providing specific proposals. Item 9A1 - Jim Stendebach gave a brief overview of his presentation regarding the • status of the Development Review Process Committee. Item 9B1 - Steve Sheets will make the presentation regarding a new proposed noise ordinance. A draft copy of the ordinance will be provided to the Council before the meeting on Thursday. Item 9C1 - Cindy Demers informed the Council that her presentation will be a brief update on the issuance of the Certificates of Obligation Bonds and General Obligation 1 130 ]UNE 12, 2007 Bonds. This presentation has previously been given to the Council but is being made once again for the benefit of the public. Item 12A1 - Jim Nuse reported that the Community:Pool Joint Use/Access Agreement with the YMCA is being revised at the request of the YMCA. They need some time for the pool to be offline for maintenance purposes. Item 1281 - Rick White of the Police Department reported that the Communications • System Agreement with Motorola is the second of additional phases. He outlined the equipment that is being purchased. Item 12C1 - Danny Halden described the location and improvements of the Mays Street/Sidewalk construction project. Item 12D1 - Cindy Demers reported that the engagement letter with Brockway, Gersbach, McKinnon & Niemeier is for audit services. This will be the third year the City has used this firm. Item 12E1 - Tom Word explained the purpose of Supplemental Agreement No. 1 for Household Hazardous Waste Collection activities and waste-disposal. ADJOURNMENT: There being no further discussion or questions, the meeting adjourned at 7:52 A.M. Re p ctfully submitted, • Christine'R. Martinez, City Secretary 2 13 .1 ]UNE 14, 2007 The Round Rock City Council met in Work Session and Regular Session on Thursday, June 14, 2007 in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. Mayor Maxwell called the work session to order at 6:05 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 Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PRESENTATIONS: 3A1. Consider staff discussion concerning transit/public transportation options. Thomas E. Word, Jr., P.E., Chief of Public Works Operations made the staff presentation. The 2030 Capital Area Metropolitan Planning Organization (CAMPO) Metropolitan Transportation Plan identifies significant transit developments that will occur over the next 23 years in the Central Texas region. The Texas Department of Transportation, the ASA ICRD and Capital Metropolitan Transit Agency are planning major transit/public transportation projects that may, impact Round Rock if the city chooses to • participate in the programs. The projects include a commuter rail line from San Antonio to Georgetown and development of the Missouri, Texas, Texas right-of-way as a transportation corridor from the Austin-Bergstrom Airport to Georgetown. Staff presented available information about the rail district and other available transit/public transportation projects for the Council's discussion. The Council posed several questions to staff regarding the options for transit/public transportation. Some concerns that were brought up were the cost and benefits of participating, impact on the tax rate, and numbers of riders. Mr. Nuse informed the Council that more discussion of this item would occur at the Council's annual work session. CALL REGULAR SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:10 p.m. PLEDGE OF ALLEGIANCE: • Members of Boy Scout Troop 27 led the following Pledges of Allegiance. United States Flag Texas State Flag CITIZENS COMMUNICATIONS: Eli Gonzales, 2355 Vernell Way, requested additional traffic control signage in the form of flags on the stop signs on Verne[[ Way to give the stop signs more visibility. CONSENT AGENDA: .132 ]UNE 14, 2007 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. *8A. Consider approval of the City Council meeting'minutes for May 22, 2007, May 24, 2007 and June 5, 2007. *11A1. Consider an ordinance regarding proposed amendments to Chapter 11, • Section 11.301(3) of the Code of Ordinances to amend fee requirements for site plans and zoning. (Second Reading) *12D2 Consider a resolution authorizing certain officers and employees of the City to perform transactions with TexStar. *12D3 Consider a resolution authorizing certain officers and employees of the City to perform transactions with Texpool. *12D4. Consider a resolution authorizing a property tax refund to CEC Entertainment, Inc. for 2006 taxes for $845.87. *12D5 Consider a resolution authorizing a property tax refund to Conns Electronic for 2006 taxes for $528.80. *12D6. Consider a resolution authorizing a property tax refund to H. E. Butt, Inc. for 2006 taxes totaling $2,558.55. • *12D7. Consider a resolution authorizing a property tax refund to Veda James for 2006 taxes for $634.93. *12D8. Consider a resolution authorizing a property tax refund to Young Zapp JVRR LTD. for 2006 taxes for $504.32. *12E1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 for Household Hazardous'Waste Collection Activities/Waste Disposal Service with Phillip Reclamation Services Houston, Inc. MOTION: Councilmember Honeycutt moved to approve all the items listed on the consent agenda. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw; Councilmember Clifford, Councilmember Salinas, Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8A. Consider approval of the City Council meeting minutes for May 22 2007 May 24, 2007 and June 5, 2007. This item was,approved under the consent agenda. PRESENTATIONS: 133 ]UNE 14, 2007 9A1. Consider a presentation regarding the status of the process improvement recommendations presented to the Council by the Development Review Process Committee of the Round Rock Chamber of Commerce. Jim Stendebach, Planning and Community Development Director made the staff presentation. He reported that City Staff and the Round Rock Chamber of Commerce Development Process Committee have been meeting • over the past two years to discuss potential changes in the development process. The Committee presented their recommendation to Council on January 9, 2007. Mr. Stendebach outlined the status of sixteen (16) of the recommendations. He added that some recommendations have been implemented and others will require ordinance changes or other ongoing action. 9B1. Consider a presentation regarding the proposed Noise Ordinance. Steve Sheets, City Attorney made the staff presentation. The City's current noise regulations were adopted almost 30 years ago when the City had less than 10,000 citizens. When adopted, the regulations were adequate for a small town, but as Round Rock approaches a population of 100,000, it is prudent to consider updating the regulations concerning noise. The provisions of the proposed ordinance were taken from several "model" city ordinances from across the nation, as well as some state regulations. It takes • advantage of new technology for measuring the intensity of noise. The ordinance deals with a number of issues that have come up in recent months, including barking dogs, loud music from boom boxes and cars, construction noise in residential areas and trucks using "fake brakes". Mr. Sheets outlined the proposed ordinance. Mayor Maxwell pointed out that this is the first.draft of the ordinance and asked Council to review it further for discussion at a future work session. 9C1. Consider a presentation regarding the upcoming issuance of Certificates of Obligation Bonds and 2001 General Obligation Bonds. Cindy Demers, Finance Director gave a brief overview of the upcoming issuance of the Certificates of Obligation Bond and General Obligation Bonds. She outlined the third issuance of the General Obligation Bonds and timetable. Ms. Demers also reported that the City recently received an upgrade from the bond rating agencies. Moody's upgraded the City to Aa2 and Standard & Poor's upgraded the City • to AA. PUBLIC HEARINGS: 10A1. Consider public testimony regarding the proposed unilateral annexation of 52.84 acres of land, more or less, out of the Ephraim Evans Survey Abstract No. 212. (F.M. 1431 Parcel 5 Tract) (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract is known as the FM 1431 Parcel 5 Tract and consists entirely of public right-of-way that extends westward from IH- 1 134 JUNE 14, 2007 35. This 52.84 acre tract is essentially a rectangle and abuts previously annexed tracts on three sides. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: *11A1. Consider an ordinance regarding proposed;amendments to Chapter 11, • Section 11.301(3) of the Code of Ordinances to amend fee requirements for site plans and zoning. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.301, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, TO ESTABLISH ;FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. RESOLUTIONS: 12A1. Consider a resolution authorizing the Mayor to execute a revised Community Pool Joint Use and Access Agreement with the YMCA of Greater Williamson County Recreation Center. Jim Nuse, City Manager made the staff presentation. The YMCA requested a minor amendment to the Joint.Use and Access.Agreement previously approved by the Council. The proposed amendment!increases the days that the pool could be closed to include days that the pool is used for competitive events,and up to five days per year for routine maintenance and cleaning. Steve Sheets, City Attorney outlined the amendments to the Joint Use and Access Agreement. RESOLUTION NO. WHEREAS, the City has previously entered into a Community Pool Joint Use and Access Agreement ("Agreement") with YMCA of Greater Williamson County ("YMCA"), regarding the joint use and access by the City and YMCA, and management and operation by YMCA of the community pool, and WHEREAS, the City and the YMCA now desire to revise the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a revised Community Pool Joint Use and Access Agreement with the YMCA, 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 June, 2007. 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 Whitfield Mayor Maxwell Nays: None 13 � JUNE 14, 2007 ACTION: The motion carried unanimously. 12B1. Consider a resolution authorizing the Mayor to execute a Communications System Agreement with Motorola Inc. for the Police Deoartment's communication system at the new facility. Rick White, Police Department Administrative Manager made the staff presentation. This resolution is for equipment that includes a radio console and other site- specific equipment required to upgrade to the new digital radio system at the new police building. Motorola will provide, install, and test the equipment as well as provide training in the use of this equipment. This agreement is for $307,528.15. RESOLUTION NO. WHEREAS, the new Police facility's communication system will require radio console and other site specific equipment to upgrade to the new digital radio system, and WHEREAS, the City Council wishes to enter into a Communications Systems Agreement with Motorola for radio console, related equipment, and services associated with the use of this equipment, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Communications System Agreement with Motorola, 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 June, 2007. • MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12C1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Manley Contracting for the Mays Street Sidewalk Construction Project This item was withdrawn from the agenda at the request of staff. 12D1. 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, 2007. 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. Staff recommended the firm of Brockway, Gersbach, McKinnon & Niemeier, P.C. to conduct the audit. The firm will also provide valuable ideas 136 JUNE 14, 2007 and observations intended to help achieve he City's objectives in maintaining adequate financial controls, policies and procedures.'The engagement letter is for $75,000. 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, 2007, 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 14th day of June, 2007. MOTION: Councilmember Rhode moved to approvei the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Council'member Honeycutt Mayor Pro-tem McGraw, Councilmember Clifford- Councilmember Salinas: Councilmember Rhode ' Councilmember Whitfield Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. *12D2. Consider a resolution authorizing certain officers and employees of the City to perform transactions with TexStar. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas ("City") is;a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds, and WHEREAS, it is in the best interests of the City to invest its funds jointly with other local Texas governments in the Texas Short Term Asset Reserve Program ("TexSTAR") in order to preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield, and WHEREAS, the City hereby requests the following changes regarding the individuals authorized to act on behalf of the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF'ROUND ROCK, TEXAS, A. That the City of Round Rock, Texas has entered into a Participation Agreement and has established an account in its name with the Texas Short Term Asset Reserve Program, TexSTAR, for the purpose of transferring funds for investment and achieving solid fiscal responsibility; • B. That the individuals, whose signatures appear below, are officers, employees, or authorized representatives of the City and are each hereby authorized to transmit funds to the TexSTAR for investment therein and,are further authorized to withdraw funds from time to time, to issue letters of instruction,;and to take all other actions deemed necessary or appropriate for the investment of local funds: 1. Name: Cindy Demers Title: Director of Finance Signature 2. Name: Cheryl Delaney Title: Assistant Director of Finance Signature 3. Name: Jerry Galloway Title: Controller Signature 4. Name: Elaine Wilson Title: Financial Programs Manager Signature 5. Name: Sharon Masterjohn Title: Treasury & Finance Supervisor 137 JUNE 14, 2007 Signature 6. Name: Lynn Olsen Title: Accountant II Signature C. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City, and until the TexSTAR Administrators receive a copy of any such amendment or revocation. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of June, 2007. *12D3. Consider a resolution authorizina certain officers and employees of the City to perform transactions with Texpool. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas ("Participant") is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds, to act as custodian of investments purchased with local investment funds, and WHEREAS, the Treasurer of the State of Texas, acting by and through the Texas Treasury Safekeeping Trust Company ("Trust Company"), has created "TexPool", a public funds investment pool, to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant, and WHEREAS, the Participant hereby requests the following changes regarding the individuals authorized to act on behalf of the Participant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, A. That the City of Round Rock, Texas has entered into a Participation Agreement and has established an account in its name with the Trust Company's Local Government Investment Pool, "TexPool", for the purpose of • transmitting local funds for investment by the Trust Company in TexPool; B. That the individuals, whose signatures appear below, are officers, employees, or authorized representatives of the Participant and are each hereby authorized to transmit funds to the Trust Company for investment in TexPool and are further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds: 1... Name: Cindy Demers Title: Director of Finance.I Signature 2. Name: Cheryl Delaney Title: Assistant Director of Finance Signature 3. Name: Jerry Galloway Title: Controller Signature 4. Name: Elaine Wilson Title: Financial Programs Manager Signature 5. Name: Sharon Masterjohn Title: Treasury & Finance Supervisor Signature 6. Name: Lynn Olsen Title: Accountant II Signature C. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Trust Company receives a copy of any such amendment or revocation. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting. at which this Resolution was..adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of June, 2007. *12D4. Consider a resolution authorizing a property tax refund to CEC Entertainment, Inc. for 2006 taxes for $845.87. This item was approved under the consent agenda. RESOLUTION NO. I 1 :3 .3 TUNE 14, 2007 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, CEC Entertainment, Inc. has made an overpayment or erroneous payment of 2006 taxes in the amount of $845.87; 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 $845.87. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2007. *12D5. Consider a resolution authorizing a property tax refund to Conns Electronic for 2006 taxes for $528.80. 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 itsitaxing 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, Conns Electronic has made an overpayment or erroneous payment of 2006 taxes in the amount of $528.80; 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 $528.80. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2007. *12D6. Consider a resolution authorizing a property tax refund to H. E. Butt, Inc. for 2006 taxes totaling $2,558.55. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing • unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, H. E. Butt, Inc. has made an overpayment or erroneous payment of 2006 taxes in the amount of $2,558!55; that such amount is in excess of $500.00; that such overpayment,or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$2,558.55. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted lJ 1 13 .9 JUNE 14, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of June, 2007. *12D7. Consider a resolution authorizing a property tax refund to Veda James for 2006 taxes for $634.93. 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, Veda James has made an overpayment or erroneous payment of 2006 taxes in the amount of $634.93; 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 $634.93. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2007. *12D8. Consider a resolution authorizing a property tax refund to Young Zapp JVRR • LTD. for 2006 taxes for $504.32. 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, Young Zapp JVRR LTD. has made an overpayment or erroneous payment of 2006 taxes in the amount of $504.32; 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 $504.32. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2007. • *12E1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 for Household Hazardous Waste Collection Activities/Waste Disposal Service with Phillip Reclamation Services Houston, Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement with Philip Reclamation Services Houston, Inc. for Household Hazardous Waste Collection Activities/Waste Disposal Service ("Agreement"), and 140 JUNt 14, 2007 WHEREAS, Philip Reclamation Services Houston, 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 Philip Reclamation Services Houston, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to, execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Household Hazardous Waste Collection Activities/Waste Disposal Service with Philip Reclamation Services Houston, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof Were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of June, 2007. APPOINTMENTS: 13A. Consider appointment of a Mayor Pro-tem. MOTION: Councilmember Honeycutt moved that Alan McGraw be appointed Mayor Pro-tem by acclamation. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember McGraw Councilmember Clifford! Councilmember Salinas. Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 8:49 p.m. Respectfully Submitted, ChristineR. Martinez, City Secretary 1.41 JUNE 28, 2007 The Round Rock City Council met in Work Session and Regular Session on Thursday, June 28, 2007 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, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Scott Rhode and • Councilmember Kris Whitfield. Mayor Pro-tem Alan McGraw and Councilmember Carlos T. Salinas were absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PRESENTATIONS: 3A1. Consider a presentation regarding the status of the Regional Water System Project for the Cities of Round Rock, Cedar Park, and Leander. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. The cities of Round Rock, Cedar Park, and Leander jointly agreed to pursue a Regional 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 presentation provided an update on the status of the project, which consisted of the actual physical components (Lake Intake, raw water lines, treatment plant, and distribution lines) of the • project, including engineering, easements, land acquisition, environmental and public relation efforts for the project. The presentation also included information regarding financing options and the establishment of the Brushy Creek Regional Utility Authority. Ken Haney of HDR Engineering briefly outlined the route of the line and the cost of the water supply options. Rebina Jackson of Group Solutions RJW briefly outlined the public involvement efforts that are currently being conducted and concerns that have been voiced. Cindy Demers briefly outlined the financing options and impact of this project on ratepayers. Steve Sheets, City Attorney outlined the steps for the creation of the Brushy Creek Regional Utility Authority. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE: • Mayor Maxwell led the following Pledges of Allegiance. United States Flag and 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 item. APPOINTMENTS: 12A. Consider appointment of an Associate Municipal Court Judge. 142 JUNE 280 2007 This appointment is for a two-year term that expires July 2009. Sandra Fitzpatrick, the current Associate Municipal Court Judge requested reappointment to the position. MOTION: Councilmember Whitfield moved to appoint Sandra Fitzpatrick to the position of Associate Municipal Court Judge by acclamation: Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councidmember Clifford Councifinember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Council'member Salinas ACTION: The motion carried unanimously. CITIZENS COMMUNICATIONS: The following individuals expressed their concern regarding the Regional Water System Project for the cities of Round Rock, Cedar Park, and Leander. Judy Graci, 15775 Booth Circle, Volente Nicole Miller, Trails End Road,Travis County Bill Darleen, 10002 N. Darleen, Leander Mayor Maxwell continued with the order of the agenda. APPROVAL OF MINUTES: 7A. Consider approval of the minutes for June 12„ 2007 and June 14. 2007. • MOTION: Councilmember Rhode moved to approve the minutes as submitted. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford; Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: ,Mayor Pro-tem McGraw Councilmember Salinas, ACTION: The motion carried unanimously. PRESENTATIONS: 8A1. Consider a presentation regarding the Tourism Commission's recommendations for Event Funding for fiscal year 2007-2008. Nancy Yawn, Director, Convention and Visitors Bureau made the staff presentation. Applications for Event Funding were mailed to previous applicants and advertised on the City website. The Tourism Commission reviewed the applications on April 26, 2007 and made the following • recommendations. • Palm House Museum Association - Requested $8,000 Tourism Commission Recommendation - $4,000 • Sam Bass Community Theatre - Requested $5,000 Tourism Commission Recommendation - $0.00 • Round Rock Community Choir - Requested $10,000 Tourism Commission Recommendation - $8,000 • Round Rock EI Amistad Club - $10,000 143 JUNE 28, 2007 Tourism Commission Recommendation - $1,500 • Round Rock Youth Baseball - Requested $10,000 Tourism Commission Recommendation - $10,000 • Varsity Sports Marketing Group - $10,000 Tourism Commission Recommendation - $10,000 Ms. Yawn gave a brief explanation for the Commission's decision regarding the Sam Bass Community Theatre request. Councilmember Honeycutt noted that there are certain requirements that need to be submitted with the request for funding. When an applicant does not comply with the requirements then the Commission has no choice but to recommend no funding. He added that the Tourism Commission has given anotherchance to the Sam Bass Community Theater to cooperate and comply with the requirements of the program. 8A2. Consider a presentation regarding the recommendation of the Tourism Commission to amend the membership of the Tourism Commission to include an At-Large position. Nancy Yawn, Director, Convention and Visitors Bureau Director made the staff presentation. The Tourism Commission recommended that the membership of the Tourism Commission include an At-Large position to enhance the pool of candidates for this Commission and to allow more diverse representation. • PUBLIC HEARINGS: 9A1. Consider public testimony regarding an application filed by Denison Construction, Inc. to rezone 8.0 acres of land from the SF-R zoning district to the PUD No. 73 zoning district. (Bluff's Landing) Jim Stendebach, Planning and Community Development Director made the staff presentation. The primary purpose of this Planned Unit Development is to provide for a senior apartment complex with a three-story height limit for buildings. The SR (Senior) district limits building height to two-stories, which does not accommodate the proposed project. The SR district also has age restrictions for residents, which will be met by the proposed project. This project will provide affordable housing for those aged 55 and over, with amenities. Mr. Denison, developer of the Bluff's Landing Senior Village gave an update on the status of their Texas Department of Housing and Community Affairs tax credit application. Mayor Maxwell opened the public hearing. • The following individuals who reside adjacent to the proposed development spoke in favor of the rezoning. A.E. Martin, 200 Old Settlers Mike Parker,.309 W. Main Street Andy Martinez, 3808 Galena Hills Loop, Chairman of the Round Rock Housing Authority spoke on the impact this development would have on the Round Rock Housing Authority. There being no further testimony, the public hearing was closed. 144 ]UNE 28, 2007 9A2. Consider public testimony regarding an application filed by NEC 1460/79, Ltdo to rezone 37.975 acres of land from C-1 zoning district to PUD No. 74 zoning district. (Crossing at Palm Valley) Jim Stendebach, Planning and Community Development Director made the staff presentation. The primary purpose,of this Planned Unit Development is to provide for a multifamily component to the development, while insuring an attractive landscaped buffer and pedestrian connectivity;between the multifamily and commercial uses. Mayor opened the public hearing. There being no testimony, the public hearing was closed. 9A3. Consider public testimony regarding an application filed by Designated Tree Partners, L.P. to rezone 12.98 acres of land from the LI zoning district to the PUD No. 75 zoning district. (Green Square) Jim Stendebach, Planning and Community Development Director made the staff presentation. The primary purpose ,of this PUD is to provide for an office park utilizing the standards of the U.S. Green Building Council's Leadership in Energy & Environmental Design (LEED) program. The LEED Green!Building Rating System is the nationally accepted benchmark for design, 'construction, and operation of high performance green buildings. This PUD will be used as a pilot program as staff considers new zoning regulations to accommodate LEED building standards. The PUD also provides for the • development to have eating establishments, which will serve employees and those conducting business in the office park. The eating establishments are restricted to ensure that they remain secondary to the office park use. In addition, the PUD requires the owner to submit documentation showing that the ;project has been certified by the U.S. Green Building Council. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9A4. Consider public testimony regarding an application filed by Ali Bahrami to rezone the 0.276 acre Bahrami Estates, Lot 1, Block A from the SF-2 zoning district to the C-1a zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract and the adjacent lot to the south are the only remaining residentially zoned tracts on N. Mays north of US 79. The adjacent businesses and the traffic volume on N. Mays make these tracts unsuitable for residential development. The C- • 1a district is appropriate for this location, since it provides for a range of commercial options, while precluding uses with outdoor storage. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9A5. Consider public testimony regarding an application filed by Leo A. and Elizabeth Duarte to rezone 2.0 acres from the SF-1 zoning district to the OF zoning district. JUNE 28, 2007 (Duarte Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. The OF district provides for day care facilities with limitations on the size of the facility. The applicant is proposing a 2,300 square foot facility to serve 40 - 55 children, which is within the district limitation. The residential land use is no longer appropriate for this tract since it abuts non-residential uses on three sides and large lot • single family on the rear. Mayor Maxwell opened the public hearing. Elizabeth Duarte, the applicant, requested approval of the rezoning request. There being no further testimony, the public hearing was closed. 9A6. Consider public testimony regarding the application filed by Oakmont Joint Venture to rezone 12.97 acres, Oakmont Centre Section Three, Lot 2 Block B, from the LI zoning district to the C-1a zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. The location of this site, south of the Scott & White University Medical Campus, makes it well suited to provide for offices and retail businesses related to the hospital. With the development of the hospital facility on the north side of University Boulevard, commercial uses will be necessary as support. This tract is adjoining a commercial tract along University Boulevard, making it appropriate for • commercial uses. While light industrial land is also necessary in the vicinity of the hospital, sufficient land zoned for that purpose is located south and west of this tract. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9A7. Consider public testimony concerning a partial exemption from ad valorem taxes for certain qualified historically significant properties located in the city limits of Round Rock. Councilmember Rhode disclosed that he has a potential conflict of interest regarding this item and will refrain from discussion. He submitted the appropriate conflict of interest affidavit. Joelle Jordan , Planner made the staff presentation. The Historic Tax Exemption Program encourages owners of historic properties to use money,saved on taxes to provide regular maintenance and/or repair to their historic structures. With this program, property owners receive a 75% exemption`of municipal property taxes: On May 15, 2007, the • Historic Preservation Commission recommended approval of 54 applications for the historic tax exemption program. Recommended applications met the criteria for preservation and maintenance according to the City's Zoning Ordinance. The City will forego $53,033 in municipal property tax revenue as a result of the partial tax exemption program. The program does not exempt county or school district taxes. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 146 JUNE 28, 2007 ORDINANCES: 10A1. Consider an ordinance designating a 5.542-acre tract of land, as Reinvestment Zone No. 24 (Komico) for Industrial Tax Abatement. (First Reading) David Kautz, Assistant City Manager/CFO made the staff presentation. Komico is a South Korean company that is a primary servicer of equipment for Samsung. This reinvestment zone will enable the company to establish their first U.S. facility that.provides important client • services and a reduction of time in the turnaround of essential equipment in Samsung's process. The company will provide quality jobs as well as occupy and renovate a vacant structure formerly owned by Photronics. ORDINANCE NO. AN ORDINANCE DESIGNATING LOT FIVE (5), BLOCK A, RESUBDIVISION OF THE REMAINDER OF LOT 2, CORRIDOR PARK I,' A SUBDIVISION IN TRAVIS COUNTY, TEXAS, AS REINVESTMENT ZONE NO. 24 (KOMICO) FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT, CITY OF ROUND ROCK, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. MOTION: Councilmember Rhode moved to adopt th;e ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford' Councilmember Rhode Council'member Whitfield Mayor Maxwell Nays: None . • Absent: Mayor Pro-tem McGraw: Council'member Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Council'member Whitfield Mayor Maxwell Nays: None ' Absent: Mayor Pro-tem McGraw, Councilmember Salinas ACTION: The motion carried unanimously. 10B1. Consider an ordinance amending Chapter 6,,Section 6.611(4), Code of Ordinances regarding the increase of fees for curbside brush pick up. (First Reading) (Requires Two Readings) • Rick Atkins, Parks and Recreation Director made the staff presentation. The fees for curbside brush pick up service have not been updated since 1992. Staff recommended an increase of the fees from $15.00 to $25.00. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.611,, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING THE PROCEDURES FOR BRUSH COLLECTION BY THE CITY; UPDATING THE FEE SCHEDULE FOR SAID COLLECTIONS; AND :C S JUNE 28, 2007 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. 10C1. Consider an ordinance rezoning 8.0 acres of land from the SF-R zoning district to the PUD No. 73 zoning district. (Bluff's Landing) (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 N0. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 8.0 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-R (SINGLE FAMILY - RURAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 73. • MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Nays: Councilmember Rhode ACTION: This item will be brought back to the Council's future meeting for the second reading of the ordinance. • 10C2. Consider an ordinance rezoning 37.975 acres of land from the C-1 zoning district to the PUD No. 74 zoning district. (Crossing at Palm Valley) (First ReadingZ 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 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 37.975 ACRES OF LAND, 1 X4 .8 ]UNE 28, 2007 OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 74. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw, Councilmember Salinas' 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford' Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays:' None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. 10C3. Consider an ordinance rezoning 12.98 acres:of land from the LI zoning R i Jim bach • district to the PUD No. 75 zoning district. (Green SquareZ(First Reading) Ji Stende , 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 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT -A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 12.98 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 75. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford! Councilmember Rhode Councilmember Whitfield Mayor Maxwell • Nays: None Absent: Mayor Pro-tem McGraw, Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Whitfield: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 Councilmember Clifford' Councilmember Rhode 14 9 JUNE 28, 2007 Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. 10C4. Consider an ordinance rezoning the 0.276 acre Bahrami Estates, Lot 1, Block A from the SF-2 zoning district to the C-1a zoning district. (First Reading) Jim Stendebach, • Planning and Community Development Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.276 ACRES OF LAND, DESCRIBED AS BAHRAMI ESTATES, LOT 1, BLOCK A, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT C-1A (GENERAL COMMERCIAL - LIMITED). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None • Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. 1005. Consider an ordinance rezoning 2.0 acres of land from the SF-1 zoning district to the OF zoning district. (Duarte 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 REZONE 2.0 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-1 (SINGLE FAMILY - LARGE LOT) TO DISTRICT OF (OFFICE). 150 TUNE 28, 2007 MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw • Councilmember Salinas 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 Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford; Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas; ACTION: The motion carried unanimously. 1006. Consider an ordinance rezoning 12.97 acres. Oakmont Centre Section Three, Lot 2 Block B, from the LI district to the C-la zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for • this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP,OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 12.97 ACRES OF LAND, DESCRIBED AS OAKMONT CENTRE SECTION THREE, LOT 2, BLOCK B, 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 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford' Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw; Councilmember Salinas; • ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford' Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None 151. JUNE 28, 2007 Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. 1007. Consider an ordinance granting as partial exemption from ad valorem taxes for certain qualified historically significant properties located in the city limits of Round Rock (First Reading) Councilmember Rhode disclosed that he has a potential conflict of interest • regarding this item and will refrain from any discussion.and vote. He submitted the appropriate conflict of interest affidavit. Joelle Jordan, Planner made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Whitfield Mayor Maxwell Nays: None Abstain: Councilmember Rhode • Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried with 4 ayes and 1 abstention. 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 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Whitfield Mayor Maxwell Nays: None Abstain: Councilmember Rhode Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried with 4 ayes and 1 abstention. 1008. Consider an ordinance changing the name of CR 122 to Red Bud Lane from its intersection with Kiphen Road to its intersection with CR 117. (First Reading) Jim • Stendebach, Planning and Community Development Director made the staff presentation. Early in 2006, the City annexed the portion of CR 122 that aligns with Red Bud Lane at the E. Palm Valley Boulevard Intersection. In the spring of that year, that portion of CR 122 was renamed Red Bud Lane by City Ordinance. In January of this year, the City annexed the remaining portion of CR 122, from Kiphen Road to CR 117, as it lines up with the part of Red Bud Lane in the Paloma Lake subdivision. This street name change furthers the City's efforts to maintain consistent street naming throughout Round Rock. ORDINANCE NO. 152 JUNE 28, 2007 AN ORDINANCE CHANGING THE NAME OF A PORTION - OF COUNTY ROAD 122, FROM KIPHEN ROAD TO CR 117, TO RED BUD LANE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford • Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas, 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 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw; Councilmember Salinas; ACTION: The motion carried unanimously. 10C9. Consider an ordinance changing the name of Kiphen Road to Old Settlers • Boulevard. (First Reading) Jim Stendebach, Planning and ;Community Development Director made the staff presentation. In August 2000, the City annexed Kiphen Road, from FM 1460 to CR 122, to prepare for future annexations and improvements to Kiphen Road. Roadway improvements began in August 2004 and construction on the first phase will be complete later this summer, with phase two expected to be complete in the spring of 2008. This street name change furthers the City's efforts to maintain consistent street naming throughout Round Rock. ORDINANCE NO. AN ORDINANCE CHANGING THE NAME OF A PORTION OF KIPHEN ROAD, AS SHOWN ON EXHIBIT "A", TO OLD SETTLERS .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 Councilmember Clifford! Councilmember Rhode ' Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. JUNE 28, 2007 MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Manley Contracting for the Mays Street Sidewalk Construction Project. Danny Halden, P.E., City Engineer made the staff presentation. Seven (7) bids were opened for the Mays Street Sidewalk Construction on Tuesday, May 22, 2007. Manley Contracting submitted the lowest and best bid for $125,797.43. The City has signed a funding agreement with TxDOT for sidewalk construction on North Mays Street. Under the agreement, up to $80,000.00 or 80% of the construction costs, whichever is less, will be paid through Federal Funding. The City will fund the balance of the project over and above • the Federal funding contribution. This project will complete the sidewalk along the west side of North Mays Street from Texas Avenue to approximately 500 feet north of Commerce Drive and on the east side of North Mays Street from the Sonic Drive-In to approximately 600 feet north of Commerce Drive. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Mays Street Sidewalk Construction Project [Federal Aid Project STP97(649)MM BI35-L], 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 subject to approval of the bid by the Texas Department of Transportation, the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Manley Contracting for the Mays Street Sidewalk Construction Project [Federal Aid Project STP97(649)MM BI35-L]. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas 154 JUNE 28, 2007 ACTION: The motion carried unanimously. 11B1. Consider a resolution authorizing the Mayor to execute a contract with Lowe's Home Centers, Inc. for the purchase of right-of-way for the construction of the IH- 35/Hesters Crossing expansion project. Steve Sheets, City-Attorney made the staff presentation. This contract is for the purchase of a 0.128 acre fee simple tract and drainage easement along the frontage of property owned by Lowe's in connection with the • IH35/Hester Crossing expansion project. The appraised fair,market value of the needed right-of-way and utility easement is $109,871.00. The cost'of moving and replacing improvements on the property is $11,142.00. The total amount of compensation to the owner is $121,013.00. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.193 acre tract of land for additional right-of-way and a 0.316 acre public utility,easement interest for the I35/Hesters Crossing improvement project, WHEREAS, Lowe's Home Centers, Inc., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to;execute on behalf of the City a Real Estate Contract with Lowe's Home Centers, Inc., 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 28th day of June, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw, Councilmember Salinas ACTION: The motion carried unanimously. 11C1. Consider a resolution authorizing the Mayor to execute a contract with Westar Construction for construction of the Greater Lake Creek Park Improvement Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. The Greater Lake Creek Park Improvement Project was competitively bid in May. Westar Construction is the low bidder. The construction contract is based on a revision of scope that was necessary to get the project under the established budget. The cost is $695,936.90. The Greater Lake Creek Park Project involves three existing park properties and several parcels of land that the City already has or will acquire through the platting process of new neighborhoods. Clay Madsen Park, Greenlawn Park, and Lake Creek Park will all receive improvements in the form of new development and/or renovations. These three parks will also be connected JUNE 28, 2007 with a hike & bike trail. Also included in this project will be the City's first dog park and inline hockey facility. This project is partially funded by a Texas Parks and Wildlife Dept. (TPWD) Grant and a LCRA Partnership in Parks Grant. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Greater Lake Creek Park Improvement Project, and • WHEREAS, Westar Construction has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Westar 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 Westar Construction for the Greater Lake Creek Park Improvement Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of June, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember.Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw • Councilmember Salinas ACTION: The motion carried unanimously. 11C2. Consider a resolution designating 30 acres of land along Greater Lake Creek Trail as Open Space. Rick Atkins, Parks and Recreation Director made the staff presentation. In `order to meet the requirements of the Parks and Wildlife Department grant application, the City must designate a portion of the project acreage as dedicated Open Space and for the land to remain relatively undeveloped. This resolution will comply with the grant application. RESOLUTION NO. WHEREAS the Round Rock City Council desires to provide quality Park facilities for the residents of Round Rock, and WHEREAS, the City of Round Rock has obtained a grant from the Texas Park and Wildlife Department for the development of the Greater Lake Creek Park ("Park"), and desires to comply with all of the requirements set forth in the grant, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. In order to fulfill the requirements of the Texas Parks and Wildlife • Department's grant to the City of Round Rock, the City Council hereby designates thirty acres of parkland along the Greater Lake Creek Trail for open space, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. Section 2. The Mayor is hereby authorized to execute the appropriate documents approving the terms and conditions of the agreement with the Texas Parks and Wildlife Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of June, 2007. 15I JUNE 28, 2007 MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford! Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw' • Councilmember Salinas ACTION: The motion carried unanimously. 11C3. Consider a resolution authorizing the temporary closure of Harrell Parkway from the north parking lot entrance of Dell Diamond to Aten Loop by the tennis courts for the TriTX2Step Youth Triathlon. Rick Atkins, Parks and Recreation Director made the staff presentation. This will be the second year for the TriTX2Step Youth Triathlon. This event will take place on Sunday July 8th 2007. Staff recommended the closure of Harrell Parkway to Aten Loop from 5:00 a.m. - 11:00 a.m., RESOLUTION NO. WHEREAS, the Parks and Recreation Department has requested that the following streets be closed on July 8, 2007 for the TriTX2Step Youth Triathlon: Harrell Parkway from the north parking lot entrance of Dell Diamond to Aten Loop by the tennis courts from 5:00 a.m. to 11:00 a.m., and WHEREAS, the City Council wishes to grant said request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF;ROUND ROCK, TEXAS, That Harrell Parkway and Aten Loop be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of June, 2007. MOTION: Councilmember Rhode moved to approve,the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford; Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas! ACTION: The motion carried unanimously. 11D1. Consider a resolution authorizing the Mayor:to execute a Tax Abatement Agreement with Komico Technology, Inc. David Kautz, Assistant City Manager/CFO made • the staff presentation. Komico is a South Korean company that is a primary servicer of equipment for Samsung. This will be their;first US facility that will provide a reduction of time in the turnaround of essential equipment in Samsung's process. The Tax Abatement Agreement will enable the company to provide quality jobs;as well as occupy and renovate a vacant structure formerly owned by Photro'nics. This five year abatement is only for new equipment. RESOLUTION NO. 15 ,7 JUNE 28, 2007 WHEREAS, the City Council, on the 28th day of June, 2007, in Ordinance No. G-07- 06-28- , created Reinvestment Zone No. 24 in the City of Round Rock, Texas, and WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S. as amended, the City desires to enter into a tax abatement agreement with Komico Technology, Inc., regarding property located in Reinvestment Zone No. 24, and WHEREAS, the Council has determined that all requirements of the guidelines and criteria amended and readopted by Ordinance No. G-06-03-09-8B1 have been complied with, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Tax Abatement Agreement with Komico Technology, 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 28th day of June, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. • 11D2. Consider a resolution authorizing the denial of Atmos Energy Corporation's Mid-Tex Division's Gas Reliability Infrastructure Program adiustments for calendar year 2006. David Kautz, Assistant City Manager/CFO made the staff presentation. Two more Gas Reliability Infrastructure Program ("GRIP") filings were made by Atmos Energy on May 31, 2007 to the Railroad Commission of Texas. The filing by Atmos Mid-Tex Division with the City Secretary calls for a monthly increase of: (a) 59 cents for residential customers; (b) $1.48 for commercial customers and $28.90 for industrial customers. In that filing Atmos is requesting that an additional $89 million be placed in its rate base. This is for cost allegedly related to the investment in transmission pipe or pipe which is not included in the Mid-Tex distribution system. RESOLUTION NO. RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS AUTHORIZING THE DENIAL OF ATMOS ENERGY CORPORATION'S MID-TEX DIVISION'S ("ATMOS ',MID-TEX") GAS RELIABILITY • INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2006; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS IN GUD DOCKET NOS. 9734 AND 9726; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE -CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about May 31, 2007 Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") for calendar year 2006 pursuant to Section 104.301 of the Gas Utility Regulatory Act ("Act"); and WHEREAS, Atmos Pipeline-Texas filed at the Railroad Commission for a GRIP adjustment for calendar year 2006; and 158 JUNE 28, 2007 WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act it is therefore necessary to engage the expertise of lawyers and consultants who specialize in ratemaking proceedings before regulatory authorities to assist the City as provided for in i n 103.022 of the Act;Sect and o , WHEREAS, given the complexity and the need to carefully review the proposed GRIP adjustment itis necessary to deny the GRIP adjustment in order to allow the City's rate experts sufficient time to determine the merits of Atmos Energy's proposed GRIP adjustment; and WHEREAS, in order to maximize the'efficient use of resources and expertise in reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it makes sense to coordinate the City's efforts with a coalition, of similarly situated municipalities; and WHEREAS, a coalition of municipalities, known as the Atmos Texas Municipalities (`ATM") has been active in gas utility ratemaking proceedings; and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring:and direction of legal counsel and consultants working on behalf of ATM and the City; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted.; Section 2. The City hereby denies Atmos Mid-Tex's request for GRIP adjustments for fiscal year 2006, in all respects. Section 3. The City is authorized,to join with other cities in a coalition of cities known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering committee of ATM will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs Jim,Boyle, and Alfred Herrera as special counsel to represent the City with regard to the proposed GRIP adjustments of Atmos Energy before local and state regulatory authorities and any court of law and authorizes special counsel to employ such rate experts as are recommended by the ATM�Steering Committee. Section 5. The City authorizes special counsel toIntervene on behalf of the City and other members of ATM before the Railroad Commission of Texas in GUD Docket Nos. 9734 and 9726. Section 6. The City, in coordination with the Steering Committee, shall review the • invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atmos Energy for reimbursement. Section 7. Atmos Energy shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. The City Secretary shall notify Atmos Energy of this resolution by sending a copy of same to Ms. Barbara Myers, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1824, Dallas, Texas 75240 and ATM shall be notified by sending a copy of this resolution to Mr. Jim Finley, City Attorney for the City of Longview by fax to (903) 239-5539. Section 9. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings act, Texas Government Code, Chapter 551. Section 10. This resolution shall become effective from and after its passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of June, 2007. MOTION: Councilmember Rhode moved to approve;the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford; Councii'member Rhode Council'member Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw; Councilmember Salinas. ACTION: The motion carried unanimously. 11D3. Consider a resolution authorizing the Mayorito execute an engagement letter with Brown McCarroll L.L.P. for legal services for Certificate of Convenience and Necessity . . JUNE 28, 2007 15.9 (CCN) issues. Jim Nuse, City Manager made the staff presentation. The City is facing CCN challenges from several utility companies regarding service within our future city limits. Staff researched firms to assist us with the expertise necessary to file application and provide appropriate response to these challenges with the state. The cost of the services is not to exceed $30,000. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional legal services to represent the City regarding Certificate of Convenience and Necessity (CCN) issues, and WHEREAS, Brown, McCarroll L.L.P. has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter with Brown, McCarroll L.L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said engagement letter with Brown, McCarroll L.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 28th day of June, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. 11E1. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement with the City of Cedar Park and the City of Leander pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for Regional Water System for right-of- way acquisition services. Michael D. Thane, Water &Wastewater Utility Director made the staff presentation. These services are for land acquisition for permanent and temporary construction easements for the Trails End raw water pipeline route to deliver Lake Travis Water to the Regional Water Treatment Plant. The cost of the services is $66,893.89. RESOLUTION NO. WHEREAS, on February 8, 2007, the City of Round Rock entered into an Interlocal Agreement Regarding Ancillary Consulting Services for Regional Water System ("Agreement") with the City of Cedar Park and the City of Leander ("Parties"), and WHEREAS, pursuant to the Agreement, the City and Parties wish to enter into a Memorandum of Agreement to approve the Client Additional Services Authorization, dated. June 15, 2007, between the Project Consultant and the City of Cedar Park, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Agreement with 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 1 6 0 JUNE 28, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of June, 2007. MOTION: Councilmember Rhode moved to approvelhe resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councii'member Rhode • Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. APPOINTMENTS: 12A. Consider appointment of an Associate Municipal Court Judge. This item was addressed earlier in the meeting. COUNCIL COMMENTS: None EXECUTIVE SESSIONS: 14A. Consider Executive Session as authorized by 5551.071 Government Code, related to pending litigation, to wit: Cause No. 04-0587-CC1 City of Round Rock, Texas vs. Aaron Thomison and Brenda Thomison, regarding the acquisition of 1.051 acres of land and a .175 acre parcel for a waterline easement for the proposed Highway 79 Improvement • Project. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order for this item at 8:51 p.m. and adjourned at 9:10 P.M. 14B. Consider Executive Session as authorized by 5551.071 Government Code, related to pending or contemplated litigation, regarding the acquisition of a 1.140 acre parcel of land from Donald Holder for the proposed Red Bud Lane (CR 122) Improvement Project. Mayor Maxwell called the Executive,Session to order for this item 9:11 p.m. and adjourned at 9:25 p.m. 14C. Consider Executive Session as authorized by 5551.071 Government Code related to pending or contemplated litigation, concerning the acquisition of a permanent tunnel wastewater line easement on 2.634 acres and .4609 acres temporary staging and • storage easement from Bill and Beverly Johnson Gordon for the McNutt Creek Wastewater Interceptor Proiect. Mayor Maxwell called the Executive;Session to order for this item at 9:26 p.m. and adjourned at 9:45 p.m. 14D. Consider Executive Session as authorized by 5551 072 Government Code related to the purchase of real property, to'wit: 16 .1 )UNE 28, 2007 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) and 3) Kiphen Road right-of-way from Park Central Building Associates, LP, (Parcel 4) Mayor Maxwell called the Executive Session to order for this item at 9:46 p.m. and adjourned at 9:56 p.m. • ACTION RELATIVE TO EXECUTIVE SESSION: 15A. Consider discussion and/or possible action related to Cause No. 04-0587-CC1_ City of Round Rock, Texas vs. Aaron Thomison and Brenda Thomison, regarding the acquisition of 1.051 acres of land and a .175 acre parcel for a waterline easement for the proposed Highway 79 Improvement Project. MOTION: Councilmember Rhode moved to offer a settlement of$750,000. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. • 15B. Consider discussion and/or action related to pending or contemplated litigation, regarding the acquisition of a 1.140 acre parcel of land from Donald Holder for the proposed Red Bud Lane (CR 122) Improvement Project. MOTION: Councilmember Rhode moved to offer a settlement of $85,000. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Nays: Mayor Maxwell Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried with 4 ayes and 1 nay. 15C. Consider discussion and/or action related to pending or contemplated litigation, concerning the acquisition of a permanent tunnel wastewater line easement on 2.634 acres and .4609 acres temporary staging and storage easement from Bill and Beverly • Johnson Gordon for the McNutt Creek Wastewater Interceptor Project. MOTION: Councilmember Honeycutt moved to offer a settlement of $75,000. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas ACTION: The motion carried unanimously. �l f fi JUNE 28, 2007 15D. 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) Steve Sheets, City Attorney outlined the letter from staff regarding the settlement • terms offered to the property owners for the acquisition of a portion of right-of-way for the proposed improvements to Kiphen Road. MOTION: Councilmember Rhode moved to approve,staff's recommendation as described in the letter dated June 25, 2007. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford: Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Absent: Mayor Pro-tem McGraw Councilmember Salinas' ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 10:07 p.m. Res ectfully Submitted, r b, Christine'R. Martinez, City Secretary • 163 JULY 12, 2007 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACT ON: The motion carried unanimously. 11F2. Consider a resolution authorizing the City Manager to issue a purchase order to • Contech Bride olutions Inc. fora oedestrian bridge for the Old Settlers Park Lakeside Trail Improvement Proiec ick A ki , Parks and Recreation Director made the staff presentation. For safety and aesthetic ns, it is necessary to improve the trail along the Old Settlers Lake and provide a bridge structor users to access the northwestern P 9 Y part of the park. These improvements entail re la ing_ existing "bridge"and trail segments that will provide park pedestrians with a safe' me o s rr the creek and a more aesthetically leasin trail. The cost P h �� 9 Y P 9 of the improvements is $87,73 . 0. (R L TION NO. WHEREAS, the City of Roy -Ro�< ("City") desires to purchase a pedestrian bridge for the Old Settlers Park Lakeside\Tr-r1 Ir- r ement Project, and WHEREAS, the City is a melnbb a Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Contech Bridge S U Inc. is an approved vendor of the Buy Board, and WHEREAS, the City wishes to is ue a purchase order to Contech Bridge Solutions Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL 0 CI OF ROUND ROCK, TEXAS, • That the City Manager is hereby au, d directed to issue a purchase order to Contech Bridge Solutions Inc. for the p e of a pedestrian bridge for the Old Settlers Park Lakeside Trail Improvement Project. The City Council hereby finds and decl es• written notice of the date, hour, place and subject of the meeting at which t i olut" n was adopted was posted and that such meeting was open to the public as require a t all times during which this Resolution and the subject matter hereof were discus , considered and formally acted upon, all as required by the Open Meetings Act, Cha 1, Texas Government Code, as amended. RESOLVED this 12th day of July, 2007. MOTION: Councilmember Salinas moved to app ove the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeyc t Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None . Absent: Mayor Maxwell ACTION: The motion carried unanimously. • COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:18 p. Respectfully Submitted, Christine R. Martinez, City Secretary 164 JULY 12, 2007 The Round Rock City Council met in Work Session and Regular Session on Thursday, July 12, 2007 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 Kris Whitfield. Mayor Nyle Maxwell was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PRESENTATIONS: 3A1. Consider an update on the Williamson County Regional Animal Shelter. David Kautz, Assistant City Manager gave brief overview of the history, agreement, and participants of the Williamson County Regional Animal Shelter. He outlined the mission and responsibilities of the Board of Directors and Executive: Board of Directors. In addition, he provided an update on the status of the shelter management and of the proposal to establish a Volunteer Coordinator position for recruitment training and to conduct various adoption avenues. Mr. Kautz provided information regarding the recent concerns that have surfaced regarding the Animal Shelter. He ;added that at this point, the shelter is at its first • portion of the plan and the City is committed to keeping the shelter intact and is making sure that the animals are kept in well being. Even though the current numbers of animals that are being brought to the shelter are enhanced, the shelter is still a quality facility. The Council and staff discussed various aspects of the shelter and concerns that have recently been brought up. Assistant Police Chief Tim Ryle provided additional information regarding the initial plan for the shelter and projections regarding the number of the animals that would be taken in. Lieutenant Drawbaugh provided information regarding the number of animals that have been brought to the shelter since it opened in April 2007. Jim Nuse, City Manager noted that the City's is in agreement with the recommendation to conduct a nationwide search for the best professional to run the shelter in the long term. • Councilmember Honeycutt noted that even though the shelter is the responsibility of the County, Round Rock is assisting the County as much as possible. The following item was addressed during the regular session. 3B1. Consider a presentation concerning redevelopment opportunities for the downtown area. CALL REGULAR SESSION TO ORDER - 7:00 P.M. 7ULY 12, 2007 165 Mayor Pro-tem McGraw called the session to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro-tem McGraw led the following Pledges of Allegiance. United States Flag Texas State Flag • CITIZENS COMMUNICATIONS: The following individuals expressed their concern regarding the Williamson County Regional Animal Shelter. Bob Powell, 2433 Deer Trail Cynthia Worsham, 2101 Bluebonnet Ann Stutz, 1312 Yorkshire Lane Tami Andrews, 3337 Golden Oak Circle The following individuals expressed their concern regarding the Regional Water Project. Judy Grad, 15775 Booth Circle, Volente Connie Ripley, 15781 Booth Circle, Volente Linda Ziemann, 11301 Trails End Road, Leander • Nicole Miller, Trails End Road, Travis County Bill Dahleen. Trails End Road, Travis County Nicole Miller read Patty Trocino's concern Terry McKenna, 2907 Winchester Drive, expressed his concern regarding the notification process regarding the street paving project. The following individuals expressed their concerns regarding item 10C1, proposed rules and regulations governing the construction and use of public rights-of-way. Susan Merrick 1715 Cattle Drive in Cedar Park, representative of AT&T Bob Garza, 2102 Connes Drive, Carrollton APPROVAL OF MINUTES: 7A. Consider approval of the City Council meeting minutes for June 28, 2007. This item was withdrawn from the agenda and will be addressed at,the next meeting. • PRESENTATIONS: 8A. Continuation of presentations not addressed during the Work Session. 3B1. Consider a presentation concerning redevelopment opportunities for the downtown area. Jim Nuse, City Manager noted that now is the appropriate time to plan the future development of the downtown area and the locations of city offices. This presentation will provide examples of various development standards and opportunities that would take the City into the future. 1.66 JULY 12, 2007 Will Hampton reported that at the request of staff, Dan Burden, Director of Walkable Communities, Inc. and a Senior Urban Designer/ Partner with Glatting,Jackson, conducted a half-day walk, assessment, interview and review of the downtown area. This activity was followed by meetings and briefings with staff downtown merchants, appointed and elected leaders. Mr. Burden provided a report of his visit that would provide information for Round Rock's walkability potential for improved connections between the historic town center and • the new policy center at the municipal office complex. Mr. Hampton outlined highlights of the report explaining some of the visual and text information Mr. Burden provide. Jim Nuse concluded that this will be an item for discussion at the Council's annual work session. PUBLIC HEARINGS: 9A1 Consider public testimony regarding the Draft Community Development Block Grant (CDBG) Fourth Program Year Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. The City will receive $403,458.00 in Community Development Block Grant funds for the 2007-2008 program years. In addition to these funds, the 2004-2009 Five Year Consolidated Plan is being amended by "deprogramming" and "reprogramming" $173,477.08 to fund projects identified in this plan. The "deprogrammed" funds are from prior year's unspent funds. At least two public hearings • must be held per year during different stages of the program year to obtain citizens' views and to respond to proposals and questions concerning housing and community development needs. Mayor Pro-tem McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9A2. Consider public testimony regarding an application filed by Les Kilday to rezone 9.0 acres of land from the Light Industrial zoning district to the Planned Unit Development No. 76 zoning district. (Rabbit Hill) This item was withdrawn from the agenda at the request of the applicant. 9A3. Consider public testimony regarding an application filed by Les Kildav to rezone 8.05 acres of land from the Light Industrial zoning district to the Senior zoning district. (Rabbit Hill) This item was withdrawn from the agenda at the request of the applicant. ORDINANCES: 10A1. Consider an ordinance amending the membership of the Tourism Commission to include an At-Large position. (First Reading) Nancy Yawn, Director of the Convention and Visitors Bureau made the staff presentation. She reported that the Tourism Commission recommended amending the Commission's membership to enhance the pool of candidates and to open this position to allow a more diverse representation: 167 3ULY 12, 2007 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.3302, CODE OF ORDINANCES (1995. EDITION), CITY OF ROUND ROCK, TEXAS, ALTERING THE QUALIFICATIONS OF COMMISSION MEMBERS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield 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 adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None • Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10B1. Consider an ordinance amending Chapter 6, Section 6.611(4), Code of Ordinances regarding the increase of fees for curbside brush pick up. (Second Reading) Rick Atkins, Director of Parks and Recreation made the staff presentation. The fees for curbside brush pick up service have not been updated since 1992. Staff recommended an increase of the fees from $15.00 to $25.00. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.611, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING THE PROCEDURES FOR BRUSH COLLECTION BY THE CITY; UPDATING THE FEE SCHEDULE FOR SAID COLLECTIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10C1. Consider an ordinance amending Chapter 10, Section 10.900, Code of Ordinances revising the rules and regulations governing the construction and use of public rights-of-way. (First Reading) Requires Two Reading) Tom Word, Chief of Public Works 166 JULY 12, 2007 Operations made the staff presentation. This amendment establishes uniform rules and regulations for authorizations to occupy and use the rights-of-way in the city, provides for a savings clause and repeals conflicting ordinances and resolutions. Steve Sheets outlined the ordinance' and the section's of concern as stated by Susan Merrick, representative of AT&T during Citizens Communications. ORDINANCE NO. • 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 Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford: Councilmember Salinas; Councilmember Rhode , Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 10D1 Consider an ordinance authorizing the Issuance of City of Round Rock, Texas General Obligation and Refunding Bonds, Series 2007; authorizing the Levy of an Ad Paying Agent/Registrar Valorem Tax in Support of the Bonds; approving aPa y g A greement an Official Statement, a Purchase Agreement, an Escrow Agreement and Other Agreements Related to the Sale and Issuance of the Bonds; Calling Certain Obligations for Redemption; and authorizing Other Matters Relating to the Issuance of the Bonds. (First Reading) Cindy Demers, Finance Director made the staff presentation. The,City is selling General Obligation Bonds in the amount of $34.8 million for new project financing. The $34.8 million is the 3rd and final issuance of the $89.8 million authorization approved by voters in November 2001. The City previously issued $54 million of this authorization: The refunding transaction is estimated to pay off early and refund a significant amount of money in existing bonds and will provide a present value savings due to,lower market in rates. The issuance of these obligations is not expected to adversely affect the City's excellent credit rating because of the City's strong financial position and debt capacity. The remaining $34,800,000 issuance will be used as follows: $15,055,000 from Proposition No. 1 for • public works projects; $7,555,000 from Proposition No. 2 for trail improvements and a new recreation center; $425,000 from Proposition No. 3 for a fire truck; $11,765,000 from Proposition No. 4 for Public Service facilities. Garry Kimball of First Southwest Company, the City's Financial Advisor, outlined the final pricing summary for the Bonds. ORDINANCE NO. 169 JULY 12, 2007 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2007; AUTHORIZING THE LEVYING AN AD VALOREM TAX IN SUPPORT OF THE BONDS; APPROVING A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL STATEMENT, A PURCHASE AGREEMENT, AN - ESCROW AGREEMENT AND OTHER AGREEMENTS RELATED TO THE SALE AND ISSUANCE OF THE BONDS; CALLING CERTAINBL O IGATIONS FOR REDEMPTION; AND AUTHORIZING OTHER MATTERS RELATING TO THE ISSUANCE OF THE BONDS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. A second reading of the ordinance is not required for this item. 10D2. Consider an ordinance authorizing the Issuance of City of Round Rock, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007; authorizing the Levy of an Ad Valorem Tax and the Pledge of Certain Revenues in Support of the Certificates; approving a Paying Agent/Registrar Agreement, an Official Statement, a Purchase Agreement and other Agreements Related to the Sale and Issuance of the Certificates; and • authorizing Other Matters Related to the Issuance of the Certificates. (First Reading) Cindy Demers, Finance Director made the staff presentation. The City is issuing Certificates of Obligation in a maximum principal amount not to exceed $14,815,000, pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041. The issuance of these obligations is not expected to adversely affect the City's excellent credit rating because of the City's strong financial position and debt capacity. The funds will be used for constructing, renovating, acquiring, improving and equipping Cit ark and recreational PY P facilities including constructing, renovating, improving acquiring and equipping Old Setter's Park and paying a portion of the costs of constructing and equipping a pool complex with the YMCA of Greater Williamson County at 1812 North Mays and the payment of professional services in connection with these projects including legal, fiscal and engineering fees and the costs of issuance in connection with the certificates. Garry Kimball of First Southwest Company, the City's Financial Advisor, outlined the • final pricing summary for the Certificates of Obligation. ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ROUND ROCK, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007; AUTHORIZING THE LEVY OF AN AD VALOREM TAX AND THE PLEDGE OF CERTAIN REVENUES IN SUPPORT OF THE CERTIFICATES; APPROVING A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL STATEMENT, A PURCHASE AGREEMENT AND OTHER AGREEMENTS RELATED TO THE SALE AND ISSUANCE OF THE CERTIFICATES; AND AUTHORIZING OTHER MATTERS RELATED TO THE ISSUANCE OF THE CERTIFICATES. 170 JULY 12, 2007 MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas; Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw' Nays: None • Absent: Mayor Maxwell ACTION: The motion carried unanimously. A second reading of the ordinance is not required for this item. 10E1. Consider an ordinance rezoning 9.0 acres of land from the Light Industrial zoning district to the Planned Unit Development No. 76 zoning district. (First Reading) This item was withdrawn from the agenda at the request of the applicant. 10E2. Consider an ordinance rezoning 8.05 acres of land from the Light Industrial zoning district to the Senior zoning district: (First Reading); This item was withdrawn from the agenda at the request of the applicant.; 10E3. Consider an ordinance annexing the tract of land known as F.M. 1431 Parcel 5 a total of 52.84 acres, located between the eastern edge of Stone Oak at Round Rock and the western edge of IH-35. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract, known as the F.M. 1431 • Parcel 5 Tract, consists entirely of public right-of-way, extending westward from IH-35. The tract which contains 52.84 acres is essentially a rectangle and abuts previously annexed tracts on three sides. FM 1431 is part of the City's Master Transportation Plan and it functions as a major gateway into the City. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 52.84 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING .THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND ;REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember • Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford! Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. JULY 12, 2007 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 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Round Rock ISD for fiber optic networking infrastructure and related services. Brian Finger, Information Technology & Communication Manager made the staff presentation. The City's current data communications infrastructure has been outgrown. This interlocal agreement with the Round Rock ISD will convey fiber optic networking infrastructure to the city, greatly increasing its current and future telecommunications capabilities. The cost is $163,855 and $4,544 annually. In addition, space and connectivity of the city will be made available in the disaster room at the Parmer Lane sports facility. RESOLUTION NO. • WHEREAS Chapter 791 of the Texas Government Code V.T.C.A. authorizes local P , 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 Round Rock Independent School District for fiber optic cable and related services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Round Rock Independent School District, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of July, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11B1. Consider a resolution approving the Articles of Incorporation of the Brushy Creek Regional Utility Authority, Inc. and appointing a member of the City Council to serve on the Board of Directors of said corporation. Steve Sheets, City Attorney made the staff .172 JULY 12, 2007 presentation. This resolution is the first step in the creation of the Brushy Creek Regional Utility Authority, Inc. Soon after the Round Rock, Leander,�and Cedar Park City Council's approve the Articles, the document will be filed with the Secretary of State and the Board of Directors will conduct the organization meeting. There after the Board will consider approving a loan application to the Texas Water Development Board for partial financing of the proposed regional water system. • Steve Sheets, City Attorney outlined the Articles of Incorporation. RESOLUTION NO. WHEREAS, the current and projected rates of population growth for the Cities of Round Rock, Cedar Park and Leander necessitates the development of additional water supplies for each of these communities; and WHEREAS, the three cities have agreed to jointly pursue a regional water supply system that will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demand's of the cities based on projected population growth; and WHEREAS, the three cities have previously entered into multiple agreements in anticipation of the regional water supply system; and WHEREAS, the three cities have determined that it would facilitate the financing and efficiency of the operation of the proposed regional water supply system to create a local government corporation pursuant to the provisions of Subchapter D, Chapter 431, Transportation Code; and WHEREAS, the three cities wish to approve the Articles of Incorporation of the Brushy Creek Regional Utility Authority, Inc.; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK TEXAS, THAT: The Articles of Incorporation of Brushy Creek Regional Utility Authority, Inc., a copy of which is attached hereto as Exhibit A, are hereby approved and the Mayor and the City Manager are hereby authorized to execute same as the two (2) incorporators for the City of • Round Rock; and BE IT FURTHER RESOLVED, THAT: Councilmember Scott Rhode is hereby appointed by,the City Council of Round Rock to serve as Round Rock's representative on the Board of Directors of the Brushy Creek Regional Utility Authority. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas, Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None • Absent: Mayor Maxwell ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to appoint Councilmember Rhode to the Brushy Creek Regional Utility Authority, Inc. Board of Directors. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford- Councilmember Salinas, Councilmember Rhode Councilmember Whitfield 17.3 JULY 12, 2007 Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11C1. Consider a resolution consenting to the annexation of a 1.339 acre tract of land by the Paloma Lake Municipal Utility District No. 1. Jim Stendebach, Planning and Community Director made the staff presentation. The developer of Paloma Lake is • responsible for the extension of Red Bud Lane and purchased right-of-way to complete the required right-of-way. This purchase included 1.339 acres of land that is cut off by the right-of-way from the parent tract, which was recently annexed into the City. This 1.339 acres immediately abuts the current boundary of the Paloma Lake MUD No. 1 and is logical to be part of the MUD. RESOLUTION NO. WHEREAS, Paloma Lake Municipal Utility District No. 1 (the "District") lies within the extraterritorial jurisdiction of the City of Round Rock (the "City"), and WHEREAS, the City has received a request from the owner of approximately 1.339 acres of land into the District, and WHEREAS, the City is willing to consent to the District's annexation of the land, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. That the City hereby consents to the annexation of the 1.339 acre tract of land more particularly described on Exhibit"A", attached hereto and incorporated herein for all purposes, into the boundaries of Paloma Lake Municipal Utility District No. 1. Section 2. No further action on the part of the City will be required to evidence its consent to the District's annexation of the land described on Exhibit"A", but the City agrees to provide additional confirmation of its consent if requested to do so by the landowner or the District. Section 3. If any provision of this resolution or the application thereof to any person or circumstance is ever held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this resolution, nor the application of the provision to any other persons or-circumstances will be affected thereby. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of July, 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 Whitfield Mayor Pro-tem McGraw • Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11D1. Consider a resolution authorizing the Mayor to execute a consent to the Assignment of the Behrens Ranch Public Improvement District developer rights and reimbursement payments to the developer's lender, Compass Bank. David Kautz, Assistant City Manager/CFO made the staff presentation. In April 2000, the Behrens Ranch Public Improvement District (PID) was created. Infrastructure improvements were made by the Behrens Ranch developer in the PID which included Wyoming Springs Road, utility '1 174 JULY 12, 2007 improvements and drainage improvements. Assessments are being collected on various classes of properties in the PID which include open space, unplatted, platted and certificated lots. Instead of pursuing the issuance of bonds to obtain reimbursement for the Behrens Ranch PID, the developer has elected to obtain traditional bank financing secured by the PID reimbursements for such purpose. The Developer's lender for the loan, Compass Bank, has asked for certain assurances including the City's consent to the assignment of the • developer's rights and reimbursement payments to the lender. RESOLUTION NO. WHEREAS, the City of Round Rock ('City") has previously entered into a Development Agreement with Behrens Subdivision, Ltd. ("Original Developer"), and WHEREAS, the City has consented to the assignment of said Agreement to Behrens Subdivision N.G., Ltd.("New Developer"), a'Texas limited partnership, and WHEREAS, the New Developer now desires to assign the rights to reimbursement of funds under said Development Agreement to Compass Bank, Now Therefore BE IT RESOLVED BY 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 Consent to Assignment, 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 whichthis Resolution and the subject matter hereof 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 July, 2007. MOTION: Councilmember Rhode moved to approve'the resolution. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford: Councilmember Salinas, Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None s Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11D2. Consider a resolution authorizing the Mayor:.to execute an agreement amending the Development Agreement between the City of Round Rock and Merion 100, L.P. Jim Nuse, City Manager and Rick Atkins, Director of Parks and Recreation made the staff presentation. The Developer (Merion 100, L.P.), Sycamore Trail, Ltd. and the City entered into a Development Agreement on:August 11, 2005 to provide a network of water, wastewater and transportation services to serve the 99.52-acre tract owned by Merion. Section 1.F of the Agreement states that Merion is obligated to convey to the City a tract of • land to be used by the City for parkland. This agreement amends the Development Agreement concerning Merion's obligation to convey to the,City a tract of land to be used for parkland. Sycamore has agreed to convey to the City part of its land to satisfy Merion's parkland obligation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement ("Agreement") with Merion 100, L.P. ("Developer") to assure that 175 JULY 12, 2007 the property was developed and adequately provided with water, wastewater and transportation services, and WHEREAS, Developer has submitted an amendment to the Agreement by and between the City of Round Rock, Texas, Merion 100, L.P., and Sycamore Trail, LTD ("Sycamore"), and WHEREAS, the City Council desires to enter into said amendment with Developer and Sycamore, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf,of the City an amendment to the Development Agreement by and between the City of Round Rock, Texas, • Merion 100, L.P., and Sycamore Trail, LTD, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of July, 2007. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. • 11E1. Consider a resolution authorizing the Mayor to execute all applicable paper work for the dedication a 0.177 acre parcel of land to TxDOT, from the east side of IH-35, for the proposed construction of the northbound to southbound turnaround structure at RM 620. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. As a part of the construction of the SH-45 / IH-35 interchange, it was necessary to close certain ramps in the vicinity of Hester's Crossing, including the northbound ramp for McNeil Road. To facilitate this lost movement and to better enable northbound traffic to reach McNeil Road as well as locations along the southbound frontage road without having to go through the traffic signals at the RM 620 interchange, the State opted to construct the northbound to southbound turnaround structure. As part of the construction of the proposed northbound to southbound frontage road turnaround structure at RM 620, TxDOT is proposing to widen a portion of the northbound frontage road, south of RM 620. To facilitate this work, TXDOT needs to acquire a 0.177 acre parcel of land in the • vicinity of Lake Creek. The State has requested that the City donate this parcel. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") owns a 0.177 acre parcel of land, located in the vicinity of Lake Creek, IH35 and RM 620, out of the Wiley Harris Survey, Abstract No. 298, "(Property"), and WHEREAS, as part of the proposed construction of the Northbound and Southbound turnaround structure at RM 620 ("Project"), the Texas Department of Transportation, ("TxDot") needs to acquire said Property from the City to complete the Project, and WHEREAS, in accordance with the Texas Transportation Code, Subchapter D, Chapter 201, Section 201.206, TxDOT may accept donations for the purpose of carrying out its functions and duties, and 176 JULY 12, 2007 WHEREAS, the City desires to donate the Property to TxDot for the proposed Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 'ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed toexecute on behalf of the City of Y Y Round Rock the necessary documents to effectuate the donation of the property to TxDOT. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11E2. Consider a resolution of support for the closing of the Union Pacific Railroad private crossing between Burnet Street and A.W. Grimes Boulevard adiacent to the proposed Colonial Grand at Ashton Oaks. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The City and the UPRR, in an effort to reduce railroad/vehicular accidents at unsignalized, private;crossings, have worked to • reduce the number of such crossings within the city limits. ;In conjunction with the proposed Colonial Grand at Ashton Oaks, the Developer, Sycamore Trail Limited is interested to closing the existing private crossing of the ,UPRR between Burnet Street and A.W. Grimes Boulevard. This private crossing, identified:as Crossing Number 439688U, is located at the railroad's Milepost 160.40 and previously provided access across the UPRR to a private residence. The crossing, more specifically was located at the end of Forsman Road, which connects to Main Street via Masonic Way. The proposed development will have access from A.W. Grimes and a private, emergency entrance on its west boundary, connecting to Park Street. RESOLUTION NO. WHEREAS, in an effort to reduce railroad/vehicular accidents at unsignalized, private crossings, the City of Round Rock ("City") and Union Pacific Railroad (`UPRR") have worked to reduce the number of such crossings within the City limits, and • WHEREAS, Sycamore Trail Limited ("Developer"), the owner of the proposed development of Colonial Grand at Ashton Oaks, is requesting the closing of private crossing, number 439688U, railroad milepost 160.40, located between Burnet Street and A.W. Grimes Boulevard, and WHEREAS, this railroad crossing, more specifically located at the end of Forsman Road, which connects to Main Street via Masonic Way, previously provided access to a private residence from Main Street, and WHEREAS, the proposed development of Colonial Grand at Ashton Oaks will have access from A.W. Grimes and a private, emergency entrance on its west boundary, connecting to Park Street, and WHEREAS, the City Council wishes to support Developer's request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF;.ROUND ROCK, TEXAS, •z 1 .77 JULY 12, 2007 That the City Council hereby supports the closing of the UPRR private crossing, number 439688U, railroad milepost 160.40, more specifically located at the end of Forsman Road, which connects to Main Street via Masonic Way, shown on the attached Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 July, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11F1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Halff Associates, Inc. for the Strategic Parks and Recreation Master Plan. Rick Atkins, Parks and Recreation Director made the staff presentation. Due to the growth of the city, the 2001 Parks and Open Space Master Plan is outdated and no longer a useful planning tool for the department. The proposed Strategic Parks and Recreation Master Plan will be a comprehensive plan that can be used by staff to plan for the growth of the city and the maintenance and operational requirements that accompany that growth. The Plan will update the 2001 Parks and Open Space Master Plan. The strategic plan will also be expanded to include department business plans, maintenance and operations plan, capital improvements plan, and partnership and alternative funding plan. This will also include a minor update to the 2004 Citywide Trails Master Plan and included in the overall Strategic Parks and Recreation Master Plan. The agreement for these services is for $163,845.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for a Strategic Parks and Recreation Master Plan, and WHEREAS, Halff Associates Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Halff Associates Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby'authorized and directed to execute on behalf of the City an • Agreement for Consulting Services with Halff Associates Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 12th day of July, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt 178 JULY 12, 2007 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. 11172. Consider a resolution authorizing the City Manager to issue a purchase order to Contech Bridge Solutions Inc. for a pedestrian bridge for the Old Settlers Park Lakeside Trail Improvement Project. Rick Atkins, Parks and Recreation Director made the staff presentation. For safety and aesthetic reasons, it is necessary to improve the trail along the Old Settlers Lake and provide a bridge structure for trail users to access the northwestern part of the park. These improvements entail replacing an existing "bridge"and trail segments that will provide park pedestrians with a safer means of crossing the creek and a more aesthetically pleasing trail. The cost of the improvements is $87,738.00. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase a pedestrian bridge for the Old Settlers Park Lakeside Trail Improvement Project, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Contech Bridge Solutions Inc. is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Contech Bridge Solutions 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 Contech Bridge Solutions Inc. for the purchase of a pedestrian bridge for the Old Settlers Park Lakeside Trail Improvement Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted .upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of July, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem McGraw Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously. COUNCIL COMMENTS: None • ADJOURNMENT: There being no further business, the meeting adjourned at 10:18 p.m. Respectfully Submitted, Christine'R. Martinez, City Secretary 179 JULY 26, 2007 The Round Rock City Council met Regular Session on Thursday, July 26, 2007 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 Kris Whitfield. Also • present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. CALL REGULAR SESSION TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE Mayor Maxwell led the following Pledges of Allegiance. 2A. United States Flag 2B. Texas State Flaq 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: Will Hampton, Communications Director reported that the City of Round Rock received the 2007 America's Promise - The Alliance For Youth Award for being one of the 100 Best Communities For Young People. David Buzzell, Park Development Manager presented souvenir skateboards from the recent opening of the City's Skate Park. Judy Graci, 15775 Booth Circle, Volente posed questions to the Council regarding the Regional Water Project. PROCLAMATIONS: 5A. Consider a proclamation designating August 7, 2007 as the 24th Annual National Night Out in the City of Round Rock. Mayor Maxwell read the following proclamation and presented it to Police Sgt. David Pierce. WHEREAS, the Round Rock Police and National Association of Town Watch (NATW) . is sponsoring a unique, nationwide crime and drug prevention program on August 7, 2007, called "National Night Out"; and WHEREAS, the 24th Annual National Night Out provides a unique opportunity for Round Rock to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention and quality-of-life efforts; and WHEREAS, Citizens of Round Rock play a vital role in assisting the Police through joint crime and drug prevention efforts in Round Rock; and WHEREAS, it is essential that all citizens of Round Rock be aware of the importance of crime prevention programs and impact their participation can have on reducing crime, drugs and violence in Round Rock; and WHEREAS, police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the National Night Out program, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas do hereby proclaim August 7, 2007, as the 24th Annual National Night Out in the City of Round Rock, Texas, and urge all citizens to join with me in supporting this important night. 18 - JULY 26, 2007 PROCLAIMED this 26th day of July 2007. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. The minutes of July 12, 2007 were withdrawn from the consent agenda. There was no separate discussion on any of the remaining items. *7A. Consider approval of the minutes for June 28, 2007 and July 12, 2007. The • minutes of July 12, 2007 were withdrawn from the agenda. *9131 Consider an ordinance rezoning 8.0 acres of land from the SFR zoning district to the PUD No. 73 zoning district. (Bluff's Landing) (Second Reading) *9A3. Consider an ordinance to disannex 1.339 acres, more or less, out of the Willis Donaho Jr. Survey, Abstract No. 173, situated in the City of Round Rock. (First Reading) *9131. Consider an ordinance readopting Section 1.1700.1, Parks and Recreation's After-School Recreation Program Standards of Care. (First Reading) *10C2. Consider a resolution authorizing the Mayor to execute an extension to the Grant Funding Agreement with Texas Parks and Wildlife for the Greater Lake Creek Park project. *10D1. Consider a resolution authorizing the Mayor to execute an Agreement with • Cox Communications, Inc. dba Round Rock Leader for publication of official city notices. MOTION: Councilmember Honeycutt moved to approve all the remaining items on the consent agenda. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Council member Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas' Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9A3. Consider an ordinance to disannex 1.339 acres, more or less, out of the Willis Donaho Jr. Survey, Abstract No. 173, situated in the :City of Round Rock. (First Reading) MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford. Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. JULY 26, 2007 *9131. Consider an ordinance readopting Section 1.1700.1, Parks and Recreation's After-School Recreation Program Standards of Care (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 Honeycutt seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the minutes for June 28, 2007 and July 12, 2007. The minutes of June 28, 2007 were approved on the consent agenda. The minutes of July 12, 2007 were withdrawn from the agenda. PRESENTATIONS: 8A1. Consider review and discussion of the report and recommendations of the Round Rock Charter Review Commission regarding the proposed amendments to the Home • Rule Charter and possible action regarding same. Steve Laukhuf, Chairman of the Charter Review Commission noted that two members of the Commission were present, Craig Morgan and Karla Sartin. He noted that the Commission met from March 15, 2007 to June 7, 2007 and has completed their review of the Charter. Mr. Laukhuf outlined the Commission's recommendations. Steve Sheets, City Attorney outlined the next steps that need to be followed according the City Charter. He added that a decision needs to be made by the Council before the end of the year on how they wish to proceed with the recommendations. MOTION: Councilmember Whitfield moved to acknowledge and accept the Charter Review Commission report and directed staff to publish the report in the official newspaper. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ORDINANCES: 9A1. Consider an ordinance amending the Sign Ordinance, Section 3.1410, to allow for special exceptions for signs within 1,500 feet of the intersection of IH35 and SH45. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff 182 3ULY 26, 2007 presentation. The construction of SH45 has significantly reduced the visibility of large shopping centers in the area where IH35 and SH45 cross. The current ordinance allows the Director of Planning to issue a special exception for signs advertising food, fuel and lodging, for businesses adjacent to the right-of-way;for a freeway. This amendment would expand Section 3.1410 to include a'special exception for signs fora large center, over 20 acres in size, that is located within 1,500 feet of the intersection of IH35 and SH45. Special • exceptions could be granted for multi-tenant signs or for businesses within the shopping center that occupy more than 20,000 square feet. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 3.1410 SPECIAL EXCEPTIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw' Councilmember Clifford; Councilmember Salinas: Council'member Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Council'member Honeycutt Mayor Pro-tem McGraw' Council'member Clifford Councilmember Salinas: Councilmember Rhode Council'member Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9A2. Consider an ordinance rezoning 8.0 acres of land from the SFR zoning district to the PUD No. 73 zoning district. (Bluff's Landing) (Second ReadingZ This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP 'OF THE CITY OF ROUND ROCK, • TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THI'S AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 8.0 ACRES OF' LAND, OUT OF THE GEORGE W. GLOASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-R (SINGLE FAMILY-RURAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 73. *9A3. Consider an ordinance to disannex 1.339 acres, more or less, out of the Willis Donaho Jr. Survey, Abstract No. 173, situated in the City of Round Rock. (First Reading) This item was approved under the consent agenda. 183 3ULY 26, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, PROVIDING FOR THE DISANNEXATION OF CERTAIN HEREINAFTER-DESCRIBED TERRITORY THAT IS CURRENTLY WITHIN THE CORPORATE LIMITS OF THE CITY, TO-WIT 1.339 ACRES OF LAND; CONTRACTING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO ELIMINATE SAID TERRITORY AS PART OF THE CITY; PROVIDING FOR THE CONTINUING PRO RATA DEBT LIABILITY OF THE TERRITORY AND SURVIVAL OF CITY'S TAXATION AUTHORITY IN THE TERRITORY TO SATISFY ANY REMAINING ASSOCIATED DEBT; FINDING THAT ALL • NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9B1. Consider an ordinance readopting Section 1.1700.1, Parks and Recreation's AfterSchool Recreation Program Standards of Care. (First 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: 10A1. Consider a resolution authorizing the Mayor to execute a construction contract with Austin Traffic Signal for installation of traffic signals at the following • intersections University at Sunrise Boulevard; FM 3406 at Chisholm Trail Road; FM 3406 at Creek Bend Boulevard; FM 3406 at Wyoming Springs Drive. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. After warrant studies were completed, reviewed and approved, the bid was advertised. One bid was received and opened on July 3, 2007 at the City Council Chambers. Austin Traffic Signal was the only bidder. The City's consultant, Klotz and Associates reviewed the bid and determined that the prices were consistent with similar type of projects awarded by TxDOT and surrounding entities. Based on review of the bid by the staff and the engineer, staff recommended that the bid be awarded to Austin Traffic Signal in the amount of $696,528.19. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of traffic signals at the intersections of University Boulevard at Sunrise Road; FM 3406 at Chisholm Trail Road; FM 3406 at Creek Bend Boulevard; and FM 3406 at Wyoming Springs Drive, and • WHEREAS, while only one bid was received from Austin Traffic Signal Construction Company, LP, the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal Construction Company, LP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Traffic Signal Construction Company, LP for the installation of traffic signals at the intersections of University Boulevard at Sunrise Road; FM 3406 at Chisholm Trail Road; FM 3406 at Creek Bend Boulevard; and FM 3406 at Wyoming Springs Drive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 18 4 JULY 26, 2007 RESOLVED this 26th day of July, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10B1. Consider a resolution authorizing the Mayor'to execute an agreement for automatic aid assistance for fire services between the City of Round Rock and the Travis County Emergency Services District No. 2. Larry Hodge, Fire Chief made the staff presentation. The City of Round Rock and Travis County Emergency Services District #2 have areas where joint operations would greatly enhance fire services with automatic aid assistance and allow both parties to retain enough assets to provide fire services to their primary areas of responsibility. This agreement would allow joint operations of fire services that would mutually benefit the City of Round Rock and Travis County Emergency Services District #2. RESOLUTION NO. • WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Travis County Emergency Services District #2 for automatic aid assistance for fire department 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 26th day of July, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C1. Consider a resolution authorizing the Mavor to execute a Development Agreement with DR Horton, Inc. for the Turtle Creek Trail Jim Stendebach, Planning and Community Director made the staff presentation. The Greater Lake Creek Park project is 1 .85 JULY 26, 2007 constructing a trail where DR Horton would be required to build a sidewalk in the Turtle Creek Subdivision. Instead of constructing a 4' wide sidewalk adjacent to a 7' wide trail, this Development Agreement requires DR Horton to construct a 7' wide concrete trail in the northern part of the subdivision (adjacent to Lake Creek) in lieu of the 4' sidewalk. This will expand the Greater Lake Creek Trail system an additional 2,500 Lf. without any additional • cost to the City. RESOLUTION NO. WHEREAS, as part of the City-wide Hike and Bike Trail Program, the City of Round Rock ("City") plans to construct a sidewalk and hike trail within the Turtle Creek Subdivision, and WHEREAS, a portion of said trail shall be constructed by the City and the remaining portion shall be constructed by DR Horton, Inc. ("Developer"), and WHEREAS, the City and Developer desire to enter into a Development Agreement to set forth in writing their mutual obligations, Now Therefore BE IT RESOLVED BY THE 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 DR Horton, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day Yof Jul , 2007. MOTION: Councilmember Whitfield 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10C2. Consider a resolution authorizing the Mayor to execute an extension to the Grant Funding Agreement with Texas Parks and Wildlife for the Greater Lake Creek Park project. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has previously entered into a Texas Recreation and Parks Account Agreement ("Agreement") with Texas Parks and Wildlife Department for the Greater Lake Creek Park Project, and WHEREAS, the City Council now wishes to enter into an Amendment to the • Agreement to extend the project expiration date, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Amendment to Project Agreement with the Texas Parks and Wildlife Department, 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 July, 2007. 1 -8 ,6 JULY 26, 2007 *10D1. Consider a resolution authorizing the Mayor to execute an Agreement with Cox Communications, 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 • 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 Cox Communications, 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 26th day of July, 20:07. 10E1. Consider a resolution authorizing the Mayor to execute an amended 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. A funding agreement for $8,000 was approved at the beginning of the fiscal year. However, this amount was determined to be insufficient to bring the Palm House Museum to be structurally sound. This resolution authorizes additional funding to the Palm House Museum Association in the amount of $7,506.00 to bring the Palm House Museum to be structurally sound. 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 and institutions which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, the City has previously entered into a Funding Agreement with Palm House Museum Association dated December 21, 2006 under Resolution No. R-06-12-21- 9A3, and such Funding Agreement is still in force and effect according to its term, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for additional funding from the Palm House Museum Association, Now Therefore BE IT RESOLVED BY 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 "City of Round Rock'Convention and Visitors Bureau Funding Agreement with Palm House Museum Association"; 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 atall times during which this Resolution and the subject matter hereof 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 July, 2007. JULY 26 2007 181 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 Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: MOTION: Mayor Pro-tem McGraw moved to accept the nominations of every individual who applied for a position on a Board or Commission. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11A. Consider 4 appointments to the Planning and Zoning Commission. • Results from a poll of the Council follow. Larry Quick 0 votes Al Kosik 7 votes appointed Sandy Arnold 7 votes appointed Ray Thibodaux 6 votes appointed Kevin W. Finch 0 votes James Hemenes 0 votes James Kratz 0 votes Carol Hearn 2 votes Patrick Gove 0 votes Rob Wendt 0 votes Craig Morgan 6 votes appointed 11B. Consider 5 appointments to the Zoning Board of Adjustments. Results from a poll of the Council for the regular positions follow. Keith Hickman 7 votes appointed Terry R. Hagood 7 votes appointed Gene Lukow 7 votes appointed 11C. Consider 3 appointments to the Historic Preservation Commission. Results from a poll of the Council for the regular positions follow. Billy 9 PP Huggins 7 votes appointed Jerry Hodges 7 votes appointed Rae Lynn Tipping 4 votes appointed Patrick Gove 0 votes Rob Wendt 3 votes 11D. `Consider 4 appointments to the Round Rock Transportation System Development Corporation. 188 'JULY 260 2007 MOTION: Councilmember Whitfield !moved to appoint Nyle Maxwell, Alan McGraw, Mike Robinson, and James Kratz to the Round Rock Transportation System Development Corporation by acclamation. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford, Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11E. Consider 4 appointments to the Ethics Review Commission. Results from a poll of the Council follow. Efrain Davila 7 votes appointed David Adkins 7 votes appointed Jon C. Devries 7 votes appointed Michael L. Cooper 0 votes Bobby Seiferman 7 votes appointed 11F. Consider 4 appointments to the Community"Development Advisory Commission. Results from a poll of the Council follow. Dina Schaefer 7 votes appointed Karen Adair-Murphy 7 .votes appointed Brenda Barrett Healey 6 votes appointed • Miguel Arellano 0 votes Cedric M. Scott 1 vote George F. Harris 7 votes appointed Diane Ducre 0 votes 11G. Consider 4 appointments to the Round Rock Housing Authority. Results from a poll of the Council follow. Deborah Williams 7 ;votes appointed Andrew Martinez 7 votes appointed Robert Penagos 7 votes appointed Jenny Alloway 2 votes Cedric M. Scott 4 votes Diane Ducre 2 votes Robert Badgley 1 vote Staff Note: Only three appointments were necessary even though four appointments were advertised. The unexpired term on this Board was filled in April. 11H. Consider 3 appointments to the Building Standards Commission. MOTION: Councilmember Rhode moved to appoint-Brian Morrow, Martha Juch, and Michael Ellis to the Building Standards Commission by acclamation. Councilmember Salinas • seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw, Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11I. Consider 3 appointments to the Tourism Commission. I 1.8" V 9 JULY 26, 2007 MOTION: Mayor Pro-tem McGraw moved to appoint Scott Allen as the Dell Diamond/United Heritage position on the Tourism Commission. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to Jana Griswold as the Local Tourism- Related Business position on the Tourism Commission. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Results from a poll of the Council follow for the At-Large position. • Sarah Page 5 votes appointed Karen Thompson 2 votes 113. Consider 5 appointments to the Round Rock Housing Finance Corporation Board of Directors. MOTION: Mayor Pro-tem McGraw moved to appoint Nyle Maxwell, Rufus Honeycutt, Joe Clifford, Kris Whitfield, and Carlos Salinas to the Round Rock Housing Finance Corporation Board of Directors by acclamation. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Nays: Mayor Maxwell Absent: None ACTION: The motion carried with 6 ayes and 1 nay. COUNCIL COMMENTS: None • EXECUTIVE SESSION: 13A. Executive Session as authorized by 5 551.072 Government Code, related to the purchase of approximately 12,207 SF of land, being all of Lots 17, 18, 19, Block 10, Round Rock Original Plat. (231 East Main Street) The Council recessed to the Executive Session. The Executive Session was called to order by Mayor Maxwell at 8:31 p.m. and adjourned at 8:50 p.m. 19 JULY 26, 2007 ACTION RELATIVE TO THE EXECUTIVE SESSION: 14A. Consider discussion and/or action related to the purchase of approximately 12,207 SF of land, being all of Lots 17, 18, 19, Block 10, Round Rock Original Plat. (231 East Main Street) This item was withdrawn from the agenda with no action being taken by the Council. ADJOURNMENT: • There being no further business, the meeting adjourned at 8:53 p.m. Re pectfully Submitted, Christine.R. Martinez, City Secretary • • 1 9 1 AUGUST 9, 2007 The Round Rock City Council met Regular Session on Thursday, August 9, 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. United States Flag 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 Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: The following individuals spoke on item 7A1, the ordinance that revises the rules and regulations governing the construction and use of public rights-of-way. Randy Hartford, 3110 North IH35 Susan Merrick, 1715 Cattle Drive, Cedar Park • Charlie Drom9 oole 1755 West End Place Raymond Hartfield, 9529 G_raceland Trail, Austin The following individuals spoke on item 8C1 the Brushy Creek Regional water project. Landy Warren, 1716 West End Place John S. Avery, 400 E. Main Street APPROVAL OF MINUTES: 5A. Consider approval of the minutes for July 12, 2007 and July 26, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the minutes as submitted. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PUBLIC HEARINGS 6A1. Consider public testimony regarding a General Plan Amendment, which amends the Industrial Designation at the northeast side of A.W. Grimes Boulevard south of SH 45 to a Commercial Designation. Jim Stendebach, Planning and Community 192 AUGUST 9, 2007 Development Director made the staff presentation. The General Plan 2000 is the official policy document guiding long range planning and community development in the City. In addition the Plan includes a future land use ma which serves as the basis for cit zoning P, Y 9 recommendations. The purpose of the General Plan amendment is to ensure that appropriate land uses are designated.on the City's Future Land Use Map. This tract is currently designated as an industrial land use and lies just south of the intersection of • Highway 45 and A.W'. Grimes Boulevard. Due to the existing number of commercial uses in close proximity to the subject tract, an industrial designation is no longer considered appropriate for the two small lots fronting onto A.W. Grimes Boulevard. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 6A2. Consider public testimony redardin the he application filed by Lloyd Harrison, Jr. to zone 2.33 acres at the northeast corner of A.W. Grimes Boulevard southeast of SH 45, to C-1a (General Commercial-Limited).(Harrison Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract is located on the northeast side of CR 170, southeast of SH 45. The commercial zoning is an appropriate extension of the existing commercial uses at this intersection. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 7A1. Consider an ordinance amending Chapter 10,,,Section 10.900 of the Round Rock Code of Ordinances revising the rules and regulations governing the construction and use of public rights-of-way. Second Reading) Tom Word, Chief of Public Works Operations made the staff presentation. This amendment establishes uniform rules and regulations for by City staff. A draft of the ordinance was provided to various utility and communication providers so they can have the opportunity to review the draft ordinance and provide feedback for consideration discussions. In addition, the City hosted two meetings for the utility providers to discuss their questions and concerns directly to staff. Because of the meetings and review of the ordinance by the entities, staff.made reasonable modifications to the ordinance. Mr. Word outlined those revisions to the ordinance. ORDINANCE NO. • 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 Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw; 'x 19 .3 AUGUST 9, 2007 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 761. Consider an ordinance amending Chapter 1, Section 1.1000.1 Code of • Ordinances to impose certain response time requirements for Police personnel, Fire personnel, and Public Safety personnel. (First Reading) This item was withdrawn from the agenda at the request of staff. 7C1. Consider an ordinance regardina a General Plan Amendment, which amends the Industrial Designation at the northeast side of A.W. Grimes south of SH 45 to a Commercial Designation. (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 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 7C2. Consider an ordinance annexing 0.17 acres located at the northeast corner of A.W. Grimes Boulevard southeast of SH 45. (CR 170 ROW) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. The tract of land, known as the CR 170 ROW tract, consists entirely of public right-of-way. The tract contains 0.17 acres and abuts previously annexed rights-of-way. It is the City's desire to i 194 AUGUST 9, 2007 annex this tract in order to bring City owned ri ht -of- wayinto the city limits as well as provide for a contiguous city boundary to facilitate the Harrison tract voluntary annexation. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.17 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 FUTURE INHABITANTS THEREOF • SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING ;CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember 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 Whitfield 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 Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw; Councilmember Clifford Councilmember Salinas: Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 7C3. Consider an ordinance annexing 2.33 acres located at the northeast corner of A.W. Grimes Boulevard southeast of SH 4S. (Harrison Tract) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This is a voluntary annexation request. The tract of land, known as the Harrison tract, lies on the northeast side of CR 170, southeast of SH 45. City staff concurs with the annexation request because it allows the City to control the development of this area. ORDINANCE NO. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 2.33 ACRES OF LAND; OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN WILLIAMSON COUNTY;:: FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 195 AUGUST 9, 2007 MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 7C4. Consider an ordinance zoning 2.33 acres at the northeast corner of A.W. Grimes Boulevard southeast of SH 45 in Williamson County to C-1a (General Commercial- Limited). (Harrison Tract) (First Reading) Jim Stendebach, Planning and Community • Development Director made the staff presentation for this item during the public hearing P P 9 P 9 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 2.33 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1a (GENERAL COMMERCIAL - LIMITED). MOTION: Councilmember Whitfield 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 Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode 1 '9 .6 AUGUST 9, 2007 Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS 8A1. Consider a resolution authorizing the Mayor to execute a contract with RGM Constructors, L.P. for the Gattis School Road ImprovemenCProiect. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. This project is for the • widening of Gattis School Road, Windy Park Drive to the east property line of the Randall's Town Center subdivision. The proposed construction will add a raised median to create five- lane urban section with left and right turn lanes at A.W. Grimes Boulevard. The project also includes widening of Gattis School Road near Surrey Street;and Via Sonoma Drive to create left turn lanes from Gattis School Road. On April 26, 2007, ,the City received and opened four bids for the construction of this project. RGM Constructors, L.P. submitted the lowest .responsive and responsible base bid and alternate of $2,74'1,843.54. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Gattis School Road Improvement Project, and WHEREAS, RGM Constructors, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid,of RGM Constructors, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF(ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to,execute on behalf of the City a contract with RGM Constructors, L.P. for Gattis School Road Improvement Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of August, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8B1. Consider a resolution authorizing the City Manager to issue a purchase order • to Texas Electric Cooperatives for two dual-voltage electrical transformers for the Raw Water Pump Station. Michael D. Thane, P.E., Director of Water/Wastewater Utilities made the staff presentation. The purchase of these dual-voltage electric transformers is for the improvements currently being made to the raw water intake facilities on Lake Georgetown. These transformers will provide the adequate"electrical service to operate the new facilities and accommodate a future change in electrical voltage supplied by Pedernales Electric Cooperative (PEC). The cost is $60,000. . ? - 197 AUGUST 9, 2007 RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase two dual-voltage electrical transformers for the Raw Water Pump Station, and WHEREAS, Texas Electric Cooperatives has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Texas Electric Cooperatives, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Texas Electric Cooperatives is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase • order to Texas Electric Cooperatives for two dual-voltage electrical transformers for the Raw Water Pump Station. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of August, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 8C1. Consider a resolution expressing official intent to reimburse certain expenditures for the Brushy Creek Regional water project. Steve Sheets, City Attorney made the staff presentation. As part of the regional water project with Cedar Park and Leander, the City of Round Rock anticipates utilizing cash to pay for costs of the regional water project prior to the issuance of debt. Round Rock intends to partially fund the project with tax-exempt utility revenue bonds. In order to allow Round Rock to be reimbursed from bond proceeds for project expenditures incurred prior to debt issuance, the City must express its official intent to do so in accordance with Internal Revenue Service regulations. This resolution does not bind the City of Round Rock for any future action; it simply ensures all financing options remain available to Round Rock. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "City") expects to pay expenditures in connection with the project described on Exhibit "A" attached,,,hereto (the "Project") prior to the issuance of obligations to finance the Project; and • WHEREAS, the City finds, considers and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City 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 Project; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. The City reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximum principal amount not to exceed $11,000,000 for the purpose of paying the costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. -198 AUGUST 9, 2007 Section 3. 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. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 August, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw. Councilmember Clifford; Council'member Salinas; Councitmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8D1. Consider a resolution authorizing the Mayor to execute a letter for the recruitment of other Williamson County cities to participate in the Cooperative Agreement with the Williamson County and Cities Health District. David Kautz, Assistant City Manager made the staff presentation. By approval of this resolution; a second letter will be sent to the other non-participating Williamson County cities encouraging their financial support to the Williamson County and Cities Health District. Non-member cities may no longer be able to receive certain public health services and the Health District hopes to bring the rest of the cities on board in providing financial support. RESOLUTION NO. WHEREAS, the Local Public Health Reorganization Act, now codified in Chapter 121 of the Texas Health and Safety Code (the "Act"), authorizes the establishment of public health districts by a majority vote of the governing bodies of a county and one or more municipalities in the county for the purpose of providing and furnishing public health programs; and WHEREAS, in 1989 the Williamson County Health Department was reorganized as a Public Health District by Williamson County, and the Cities of Cedar Park, Georgetown, Round Rock, and Taylor (collectively the "Members"), and re-designated as the Williamson County & Cities Health District (hereinafter the "District"); and WHEREAS, Williamson County and each of the Member Cities contribute financially to the operations of the District in order for it to provide its designated health related services; and WHEREAS, the mission of the District, in partnership with the Member Cities, is to protect and promote the health of the people of Williamson County; and WHEREAS, the Members of the District appointed a;representative to a Task Force, along with the Executive Director of the District to study the feasibility of inviting other incorporated cities located in Williamson County to join the, District; and • WHEREAS, it is the finding of the Task Force that all incorporated cities of Williamson County benefit from the programs provided by District regardless of membership in the District; and WHEREAS, the Task Force prepared a letter that was signed by all members of the District and sent to all incorporated cities in Williamson County who are not currently participating in the District outlining the benefits of membership in the District and inviting them to become participating members of!the District; and WHEREAS, The City of Liberty Hill, Texas joined the; District in July 2007; and WHEREAS, the Task Force has prepared a follow-up letter to be signed by all members of the District and sent to all incorporated cities lin Williamson County who are not currently participating in the District further outlining the benefits of membership in the District and inviting them to become participating members of the District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: l 9 .9 AUGUST 9, 2007 That the Mayor is hereby authorized and directed to execute the letter to incorporated cities in Williamson County, Texas who do not currently participate in a Cooperative Agreement with the Williamson County and Cities Health District, which is attached hereto as Exhibit "A"; BE IT FURTHER RESOLVED, That the Mayor is also authorized and directed to execute future letters on behalf of the Williamson County and Cities Health District as they relate to the recruitment of cities that do not currently participate in a Cooperative Agreement with the Williamson County and Cities Health 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 9th day of August, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8E1. Consider a resolution reiecting all bids for the Old Settlers Park Lakeside Trail Improvement Proiect. Rick Atkins, Parks and Recreation Director made the staff • presentation. Five bids were received and opened in July 2007 for this project. All of the bids received were over budget by $225,000.00. Staff recommends that all the bids be rejected. �r RESOLUTION NO. ;a WHEREAS, the City of Round Rock has duly advertised for bids for the Old Settlers Park Lakeside Trail Improvement Project, and WHEREAS, the Council has determined that all bids received should be rejected and the project should be re-bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the Old Settlers Park Lakeside Trail Improvement Project are hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of August, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem • McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 200 AUGUST 9, 2007 8F1 Consider a resolution authorizing the Mayor to execute a Real Estate Contract f right-of-way necessary for the with Northpark at Old Settlers, Ltd. for the purchase o gyy Kiphen Road expansion project. Steve Sheets, City Attorney made the staff presentation. The proposed contract is for the purchase of a 4.207-acre fee simple tract out of property owned by Northpark at-Old Settlers, Ltd. in connection with the Kiphen Road expansion project. The City Manager and the landowner have executed a letter agreement regarding a • negotiated price for the purchase of the property. RESOLUTION NO. WHEREAS, the City desires to purchase a 4.207 acre tract of land for the Kiphen Road improvement project, and WHEREAS, Northpark at Old Settlers, Ltd., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF,ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to;execute on behalf of the City a Real Estate Contract with Northpark at Old Settlers, Ltd., for the purchase of the above described property, in the form substantially as attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that , such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 August, 2007. MOTION: Councilmember Whitfield 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8G1. Consider a resolution adopting the 2007-2008 Fourth Program Year Action Plan, and authorizing the Mayor to make the necessary application to the Department of Housing and Urban Development for Community Development Block Grant 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 funds will be used for program administration, public facilities improvements, housing activities, and public services. Programs identified in the plan will • be implemented in the 2007-2008 fiscal year. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development (`HUD") has grant funds available to cities through the .Community Development Block Grant Program, and WHEREAS, the City of Round Rock adopted the 2004-2009 Community Development Consolidated Plan (the `Plan") by Resolution No. R-04-07-22-13C1 on July 22, 2004, which identified how the City would use federal resources to meet priority community needs, and WHEREAS, the City of Round Rock has prepared the 2007-2008 Fourth Program Year Action Plan, in accordance with the Plan and in compliance-with HUD regulations, and AUGUST 9, 2007 WHEREAS, the City wishes to adopt said 2007-2008 Fourth Program Year Action Plan and make application for the available grant funds for specific projects and activities identified in said Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby adopts the 2007-2008 Fourth Program Year Action Plan, a copy of which is attached hereto as Exhibit"A" and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and directed to execute on behalf of the City the 2007-2008 Fourth Program Year Action Plan, which shall serve as the application to HUD for the available grant funds described above. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of August, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8G2. Consider resolution of support for the Williamson County Leasing Assistance • Program for the homeless assistance program proposed by the Housing Authority of the City of Georgetown. Mona Ryan, Community Development Coordinator made the staff presentation. The Housing Authority of the City of Georgetown has applied for $190,200 to fund a regional transitional rental assistance program that will assist homeless families and individuals throughout Williamson County. A support resolution from the City of Round Rock is required for the Supportive Housing Program application being submitted to the Department of Housing and Urban Development by the Austin/Travis County Continuum of Care on behalf of the Housing Authority of the City of Georgetown. RESOLUTION NO. WHEREAS, the Austin/Travis County Continuum of Care has made application for a Supportive Housing Program to be funded through the Continuum of Care Homeless Assistance Program under the Department of Housing and Urban Development Homeless Programs, and WHEREAS, the Housing Authority of the City of Georgetown has applied for $190,200 for use for a regional transitional,rental assistance program that will assist homeless families and individuals throughout Williamson County, regardless of geographic area, • through its proposed Williamson County Leasing Assistance Program (WCLAP), and WHEREAS, The Caring Place, The Interagency Support Council of East Williamson County, Williamson-Burnet County Opportunities, the Round Rock Area Serving Center, and Hope Alliance are the participating service organizations that will provide services and case management to homeless families and individuals and will have access to rental assistance funds through the WCLAP, and WHEREAS, the City of Round Rock desires to show its support for the Williamson County Leasing Assistance Program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK TEXAS, That the City of Round Rock declares its support of the Williamson County Leasing Assistance Program and that any funds that may be available to the City of Round Rock for a Homeless Assistance Program are better utilized through the proposed regional program that will serve the homeless families and individuals of Williamson County. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that 202 AUGUST 9, 2007 such meeting was open to the public as required by law at 'all times during which this Resolution and the subject matter hereof 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 August, 2007. MOTION: Councilmember Whitfield: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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS 9A. Consider the Council's approval of the Mayor's appointment of officers to the Round Rock Transportation System Development Corporation. Mayor Maxwell noted that he has appointed to the Round Rock Transportation System Development Corporation. As Mayor, I officially appoint myself, Nyle Maxwell as President of the Round Rock Transportation System Development Corporation. I further-appoint Alan McGraw as Vice- President and Susan Moss as Secretary of the Corporation.' MOTION: Councilmember Rhode moved accept Mayor Maxwell's appointment of • himself as President, Alan McGraw as Vice-,President, and Susan Moss as Secretary of the Round Rock Transportation System Development Corporation. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw. Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 7:41 p.m. Res ^pectfully Submitted, Christine-R. Martinez, City Secretary AUGUST 13 2007 0 The Round Rock City Council met in Work Session on Monday, August 13, 2007 at the Texas Disposal Systems Pavilion, 12200 Carl Road, Creedmoor, TX. CALL WORK SESSION TO ORDER Mayor Maxwell called the session to order at 9:00 a.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan • McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were Jim Nuse, City Manager, David Kautz, Assistant City Manager, and Steve Sheets, City Attorney. The following Department Directors were also in attendance: Danny Halden, City Engineer, Michael Thane, Director of Water/Wastewater Utilities, Will Hampton, Communications Director, Larry Hodge, Fire Chief, Tim Ryle, Assistant 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. CONSIDER WELCOMING REMARKS AND PRESENTATION FROM THE TEXAS DISPOSAL SYSTEM. Colby West, Pavilion Facility Manager welcomed the Council and thanked them for utilizing the facility. He gave a brief overview of the Texas Disposal System. • Mayor Maxwell outlined the agenda for the day. He noted t y g y that the Executive Session would be held at 4:30 p.m. CONSIDER WORK SESSION PLANNING AND VISIONING EXERCISE. 4A. Consider opening remarks by the City Manager. Jim Nuse said a few words on how the city communicates with its citizens and brief history of the city and how it has come along throughout the years and the industries and business that the council's throughout the years and how we will go from 91571 pop to 256,890 population here we are today and where are we going. This exercise will produce a direction that the council would like to take. 4B. Introduction of Dick Bowers who will facilitate the long-term visioning and planning exercise. Jim Nuse introduced Dick Bowers briefly outlining Mr. Bowers credentials. The • long-term visioning and planning exercise focused on the following three broad legacy themes with associated topics that staff developed for discussion during the work session at the Council's discretion. 1. Redevelopment • Robust City Core - Historic downtown and East Main - Flat area - Southwest Downtown - Mays Corridor - Church/School quadrant 204 AUGUST 13, 2007 • Amenities • Housing mix Transit, transportation, parking • Economic impact • Infrastructure Costs/financing Zoning/density/design standards/landscaping 2. New Development • IH-35 @ University, Sunrise; Old Settlers'Boulevard • • University @ IH-35 • General Northeast - Commercial - Manufacturing - Transportation/distribution centers - Business Park • US 79 and Mays Street • US 79 south to Brushy Creek to Arterial "A" • Housing mix • Economic diversity • Education - higher and lower 3. Fiscal Sustainability • Philosophy on public participation - Partnership policy • Economic Diversity - Land use mix - Residential-job balance (philosophy)/parks/cultural/entertainment/quality of life • Role of condemnation • Incentives for jobs • Role of medical • Amenities • Fiscal costs of annexation • Mr. Bowers asked the Council to focus on specific th'ings today that will form the future of the City. He added that the exercise would be a free flowing discussion of ideas and visions. The first order of business was to view the slide shows of pictures the Council took on their trips to acquire ideas of existing designs and architectures that could possible work for Round Rock. Councilmember Whitfield and Councilmember Rhode visited Denver, Colorado; Councilmember Honeycutt and Councilmember Salinas visited four California cites - Palo Alto, Los Altos, Los Gatos and Mountain View; Mayor Pro-tem McGraw and Councilmember Clifford visited Scottsdale,,Arizona. Each of the Councilmembers described the areas they visited showing many positive photos of those areas and explaining issues that those cities have had to face. The Council discussed the various designs and discussed several options that could • possibly fit in the downtown and southwest area of Round Rock. Some features that were brought up were: • Community place • Pedestrian friendly • Free public parking • Separate national/local retail • Small size zoning • Retail first floor only • Public transportation • Art in public spaces • Services near downtown retail AUGUST 13, 2007 • Public parking • Flexible zoning • High density housing • What is the public's role? Mr. Bowers pointed out that when deciding on a plan, it is important to "stay with the plan." n Jim Nuse outlined the various areas of the city and their zoning or uses. He added • that each area has their opportunities and challenges. Rick Atkins gave an overview of the green infrastructure in the downtown area. Mayor Maxwell noted that points to consider in the development of the downtown area or other areas of the City are to define the edges and the infrastructure. The following areas of the City were outlined for the Council's discussion as to what they feel the future holds for these areas. • Jim Stendebach outlined the zoning designations and Tom Word outlined the transportation issues for the area bounded by Mays Street and US 79. In addition, Jim Stendebach described issues regarding the former HEB property and how future development for this site would need to proceed. • Tom Word described the biggest challenge is making the area from University Boulevard south to North Mays Street successful. • Another area that was discussed was the northeast area which consists of industrial zoning and includes Seton Hospital, Texas State University and Scott & White Hospital. In conclusion, this exercise provided staff with points as to how the Council wished to >s proceed. Some of those were as follows. • Downtown redevelopment • Strategic Plan for the City • Retail Strategy • Review and update development and planning regulations CONSIDER DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER REGARDING THE FOLLOWING TOPICS. Due to time constraints, the following items were reserved for discussion the second day of the work session. x: • A. Proposed Budget B. Tax Rate C. Utility Rates D. Capital Spending Plan E. Financial Management Policy F. Social Service Agencies Recommendations G. Capital Improvements Projects Update H. Utility Williamson County Raw Water Line - Regional Water Regional Wastewater I. Williamson county Regional Animal Shelter J. Compensation K. Fees L. Healthcare 206 AUGUST 13, 2007 The following item was presented and discussed on this day. M. Transportation - Mass Transit Tom Word outlined the following: • Public Transportation and Express Bus Service Alternatives • Annual Operating Cost Resources for Express Bus Service Alternatives EXECUTIVE SESSION: • 6A. Executive Session as authorized by 5551.074 Government Code, related to the evaluation of the City Manager. The Council recessed into Executive Session. The Executive Session was called to order by Mayor Maxwell at 4:44 p.m. and adjourned at 5:05 p.m. ADJOURNMENT: There being no further business of the day, the meeting adjourned at 5:05 p.m. Re p ctfully Submitted, ij J k' Christine R. Martinez, City Secretary • AUGUST 14, 2007 The Round Rock City Council met in Work Session on Monday, August 14, 2007 at the Texas Disposal Systems Pavilion, 12200 Carl Road, Creedmoor, TX. CALL WORK SESSION TO ORDER Mayor Maxwell called the session to order at 8:15 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 Kris Whitfield. Also present were Jim Nuse, City Manager, David Kautz, Assistant City Manager, and Steve Sheets, City Attorney. The following Department Directors were also in attendance: Danny Halden, City Engineer, Michael Thane, Director of Water/Wastewater Utilities, 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. CONSIDER DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER REGARDING THE FOLLOWING TOPICS. David Kautz made the staff presentation outlining • the order of the presentations. A. Proposed Budget Cindy Demers gave an overview of the 2007-2008 Budget. Included in the proposed General Fund Operating Budget are: • Addition of 34 Full-time Employees • 10 Police Officer and 5 civilian positions • 4 Firefighters • Various departmental support positions in Finance, Human Resources, Planning and Public Works areas. • Increased funding for Street Maintenance Program • Economic Development Funding • Market Study Impact • Employee Performance Management & Education Incentive • Financial Management Policy Transfer B. Tax Rate Ms. Demers outlined the following chart. Current Tax Rate FY 2007 $0.37105 • Effective Tax Rate FY 2008 $0.35022 Rollback Tax Rate FY 2008 $0.42427 Proposed Tax Rate FY 2008 $0.36522 C. Utility Rates Ms. Demers gave a brief update on the Utility Rates. She also outlined the proposed Volume Charges. Volume per 1000 gallons for Water Current - $2.02 Proposed - $2.13 1 208 AUGUST 14, 2007 Volume per 1000 gallons for Wastewater Current $2.63 Proposed - $2.82 D. Capital Spending Plan Ms. Demers outlined the Capital Spending Plan funding sources and its proposed uses. Chief of Police Bryan Williams outlined the Police Department's 10-year Strategic • Plan. Mayor Maxwell inquired if there would be funds available to finish the improvements at Old Settlers Park. E. Financial Management Policy Ms. Demers noted that the budget was prepared by meeting the Financial Management Policy requirements. David Kautz gave a brief update on the Streamline Sales Tax and added that there are things that are happening that staff continues to watch. Ms. Demers concluded this portion of the presentation by outlining the Hotel Occupancy Tax Budget. F. Social Service Agencies Recommendations Cindy Demers outlined the process for reviewing the requests for Social Service • funding. The Council discussed the various requests. G. Legislative update - 12:00 Noon This item was withdrawn from the agenda and will be addressed at a future Council meeting. H. Capital Improvements Proiects;Update Tom Word provided an update on the Capital Improvement Projects. He outlined the projects that were completed, the projects that are active and potential unfunded projects. Rick Atkins gave a brief overview of the Parks and Recreation projects. Vic Baxter of SRA outlined Master Plan for Old Settlers Park. He provided construction costs to the Council, which included a description of the improvements in Phase I. I. Utility • - Williamson County Raw Water Line Michael Thane outlined the route of the waterline and gave an update on the project noting that the three participates are Round Rock, Jonah, and Georgetown. - Regional Water Mr. Thane gave an update on Regional Water Project. Will Hampton outlined the history of the Regional Water Project. He noted that the primary purpose of Lake Travis was for flood management, drinking water, and recreational r 209 AUGUST 14, 2007 use. His presentation included an update on the Brushy Creek Regional Utility Authority and the concerns that have been voiced by residents of the City of Volente. - Regional Wastewater CindyDemers brief) outlined the history of the Lower Colorado River Authority Y Y Y (LCRA) Regional Wastewater System. Ms. Demers gave a brief overview of the Budget • Summary and LCRA Overhead/Indirect Cost Allocation. J. Williamson County Regional Animal Shelter David Kautz made the staff presentation. He outlined the budget for the shelter and provided an update on the facility noting that at this point, the facility is overcrowded and it looks like the facility needs to be expanded. Mr. Kautz outlined recommendations that could resolve the concerns and issues at the shelter as far as Round Rock was concerned. He continued that currently, the design of the facility is not working due to the overcrowding issue. He emphasized that the animals are being treated humanly and are being cared for but the process at the facility still needs to be resolved. Councilmember Rhode asked for a comparison of the Williamson County facility to Georgetown's facility. In addition, he asked if there was a backup plan and what the cost would be for a stand-alone facility. • Assistant Police Chief Tim Ryle gave an update on the working conditions of the facility as far as adoption and how the animals were being caged. K. Compensation Teresa Bledsoe gave an update concerning employee compensation. She added that the Market Study was completed and 283 employees will require a salary increase to stay within market. She added that 140 police officers would receive an 8% increase across the board. Staff is reviewing the firefighters pay scale. The Council discussed the salaries for the Firefighters and Police Officers in comparison to the City of Austin salaries. L. Fees Cindy Demers briefly outlined the history regarding user fees. She noted that feedback from the 10-Year Plan noted that the City should set the appropriate user fees for services. A core team of Department Directors met to establish the review process for several fees. The team wants to ensure that all fees are regularly reviewed and updated. • Rick Atkins gave brief update on the Parks and Recreation fees. Danny Halden gave brief update on the Building Inspection residential fees and non- residential fees. Bill Wusterhausen, Fire Marshal gave brief update on the following: • Fire inspection fees • New construction fees • Sprinkler system fees • Fire alarm system fees • Other required inspections AUGUST 14, 2007 He also outlined the proposed fees and estimated revenue for the fees listed above. Danny Halden outlined the proposed combined non-residential building inspections and fire fees. He added that staff is ready to proceed with the ordinance. M. Healthcare Teresa Bledsoe gave an update on the status of the-City's Healthcare Plan. In addition, she gave an update on the Wellness Initiatives. - • N. Transportation - Mass Transit Tom Word continued his presentation from the first day of the work session. He outlined the ridership survey. There was an apparent consensus from the Council to move forward on this project. ADJOURNMENT There being no further business, the meeting adjourned at 3:20 p.m. Respectfully submitted, W Chr s ine,R. Martinez, City Secretary r AUGUST 23, 2007- 21 .1 The Round Rock City Council met Regular Session on Thursday, August 23, 2007, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 6:00 P.M. Mayor Maxwell called the session to order at 6:05 .m. y P 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 Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. PRESENTATIONS: 3A1. Consider a legislative update by Susan Rocha and Randy Cain. Susan Rocha reported that in January of 2007, the City approved a resolution listing its legislative priorities for the 80th Legislative Session. The list contained legislation they opposed and legislation they supported. The City was successful in all of its legislation requests except for the utility providers' preference. Randy Cain briefly outlined the following legislations: ■ Streamlined Sales Tax ■ Appropriations - Benefiting the Higher Education Center in Round Rock • Red Light Cameras ■ Forcing the Brazos River Authority, without public bid, to sell properties, which it owns and currently leases to residential and commercial lessees at Possum Kingdom Reservoir. Susan Rocha briefly outlined the following legislations: ■ Appraisal Caps/Revenue Caps ■ HB 3195 - relating to the requirements of a municipal or county budget that raises more property taxes than in the previous years budget. ■ HB 3495 - relating to the contents of the notice of the meeting at which the government body of a taxing unit will vote on a proposed ad valorem tax rate that will result in a tax revenue increase. ■ Appraisal Caps/Revenue Caps - Bills that did not pass ■ Annexation & Property Rights - Bills that did not pass ■ Eminent Domain Veto EXECUTIVE SESSIONS: 4A1. Executive Session as authorized by 8551.072 Government Code, related to the purchase of approximately 12,207 SF of land, being all of Lots Seventeen (17) Eighteen (18), and Nineteen (19), Block Ten (10) also known as 231 East Main Street. • The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 6:30 p.m. and adjourned the session for this item at 7:12 p.m. 4A2. Executive Session as authorized by 8551.072 Government Code, related to the purchase of right-of-way from Capital Fast Foods, Ltd. for construction of the I35/Hesters Crossing expansion project. This item was addressed under item 17A. 4A3. Executive Session as authorized by $551.074 Government Code, related to the evaluation of the City Manager. This item was addressed under item 17A. AUGUST 23, 2007 ACTIONS RELATIVE TO EXECUTIVE SESSIONS: 5A1 Consider discussion and/or action related to the proposed purchase of approximately 12,207 SF of land being all of Lots Seventeen (17), Eighteen (18), and Nineteen (19) Block Ten (10) also known as 231 East Main Street. MOTION: Mayor Pro-tem McGraw moved that a formal offer, which is equal to the appraised value of the property, be made to the property owner. Councilmember Rhode • seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 5A2 Consider discussion and/or possible action related to the purchase of right-of- way from Capital Fast Foods Ltd for construction of the I35/Hesters Crossing expansion project. This item was addressed under item 17A. CALL REGULAR SESSION TO ORDER Mayor Maxwell called the session to order at 7:20 p.m. PLEDGE OF ALLEGIANCE: • Boy Scout Troop 460 and Boy Scout Troop 195 led the following Pledges. United States Flag Texas State Flag CITIZENS COMMUNICATIONS: 8A. Paula McClain - Presentation of the key to the City of Hitachiota to Mayor Maxwell. Ms. McClain recently returned from Hitachiota, Ibaraki, Japan. She was awarded a Japan Fulbright Scholarship, which is only awarded to teachers, for the trip. She was one of two hundred teachers who were chosen - out of over 1,700 applicants from across the U.S. Before leaving to Hitachiota, Mayor Maxwell on behalf of the City of Round Rock provided a few items to present to various dignitaries in Japan. In return, the Mayor of Hitachiota asked Ms. McClain to present a key to his City to Mayor Maxwell. Ms. McClain presented the key to Mayor Maxwell. • Billy Love, 72 Fairview Drive and Ned Reinberger invited the Council to the Senior Center Fine Arts and Crafts Show and Sale at the Baca Center on September 8, 2007. Jesus Franco, 208 S. Blair Street expressed his concern on the Red Light Camera Program. 213 AUGUST 23, 2007 Nancy Yawn, Convention and Visitors Bureau Director, 120 S. Brown Street, reported that the Annual Pony Fast Pitch Nationals Tournament held in Round Rock was a great success; the tournament brought many individuals to Round Rock. Faith Zimmerman, Boardmember and Tournament Director for the Round Rock Sertoma Girls Softball League presented plaques of appreciation to Rick Atkins, Parks and Recreation Director and Maggie Stoecklein, Parks Supervisor for all their help during the Annual Pony Fast Pitch Nationals Tournament. Rick Atkins, Parks and Recreation Director, reported that Chasco Constructors, Ltd. recently received the Austin Chapter of Associated General Contractors of America 2006 Outstanding Construction Award for the Rock' N River Family Aquatic Center, Category SC - Specialty Construction. Tracy LaFave, 207 Valley Drive, Georgetown expressed her concern regarding the Williamson County Regional Animal Shelter. 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. • *10A. Consider approval of the City Council meeting minutes for August 9, 2007. *15E1. Consider a resolution authorizing the Mayor to execute Construction Change Order No. 4 with FT Woods Construction for the Round Rock Police Facility. *15F1. Consider a resolution authorizing the Mayor to execute a subrecipient Grant Award, accepting`an Emergency Management Performance Grant from the Governor's Division of Emergency Management. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *10A. Consider approval of the City Council meeting minutes for August 9, 2007. This item was approved under the consent agenda. PRESENTATIONS: 11A1. Consider an update concerning Envision Central Texas. Sally Campbell, Executive Director gave an update on Envision Central Texas. Envision Central Texas is a non-profit organization composed of a diverse group of citizens, 2.14 AUGUST'23, 2007 including neighborhood, environmental, business leaders and policy makers, who share the common goal of addressing growth sensibly with the interests of the regions citizens in mind. Ms. Campbell's presentation included a request of $10,000 from the City for 2007- 2008 funding. She added that the request formula is based on the city's population. 11A2. Consider a presentation by BWM regarding possible design features for the future downtown. Tim Bargainer of BWM reported that his company recently started an • Intern Program. A project that was conducted by his interns, James Burks and Vincent Kellan of Texas A&M, was to create possible design features for the future downtown area. The visual study of what could possibly be .the future look for Round Rock was presented to the Council. This study was conducted at no cost to the City. NEW BUSINESS: 12A1. Consider discussion and/or possible action I concerning the Williamson County Regional Animal Shelter. David Kautz, Assistant City Manager made the staff presentation. The Williamson County Regional Animal Shelter is owned by Williamson County. The County and Cities of Round Rock, Cedar Park, Leander, and Hutto share in the operating and capital costs of the facility. Mr. Kautz outlined concerns from the city and partners regarding the shelter. Staff presented suggested operating improvements and communications improvements between the cities and Williamson County. Staff recommended that a letter be sent to the Williamson County 9 Y Judge and Count Commissioners that outlined the • partners concerns. A draft of the letter was presented to the Council. The Council and staff discussed the letter and its contents. MOTION: Councilmember Rhode moved to approve'the letter presented by staff with the amendment that the County Judge of Williamson County is on the Executive Committee. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PUBLIC HEARINGS: 13A1 Consider public testimony regarding proposed amendments to Chapter 9 • Round Rock Code of Ordinances (1995 Edition) to add Section 9.1820 to regulate vehicle parking on residential lots. Jim Stendebach, Planning and;Community Development Director made the staff presentation. This ordinance addresses the issue of parking of motorized and non-motorized vehicles on an unimproved surface on a residential lot in residential zoning districts (with the exception of multi-family lots). The ordinance states that parking in the front yard or side yard of a residential lot shall be on an improved 5 21�5 AUGUST 23, 2007 surface. The ordinance also addresses the location of parking on a residential lot and not the type of vehicle parked in a residential area, which is covered in other sections of the Code. Input concerning the ordinance was received from participants of the Mayor's Presidents Roundtable, which is attended by representatives from Homeowners Associations and Neighborhood Associations in the City. • Mayor Maxwell opened the public hearing. Brent Campbell, 503 East Main, President of the Heart of Round Rock Association spoke in favor of the proposed ordinance. Cathey Carter, 606 Pecan Avenue, expressed her concern regarding the proposed ordinance. There being no further testimony, the public hearing was closed. ORDINANCES: 14A1. Consider an ordinance amending Chapter 9, Round Rock Code of Ordinances (1995 Edition), adding Section 9.1820 to regulate vehicle parking on residential lots. (First Reading) (Requires Two Readings) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, REGULATING VEHICLE PARKING ON RESIDENTIAL LOTS; PROVIDING FOR ENFORCEMENT AND PENALTIES, PROVIDING SEVERABILITY, REPEAL OF FORMER ORDINANCE, AND EFFECTIVE DATE CLAUSE, AND PROVIDING FOR RELATED MATTERS MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14B1. Consider an ordinance amending Chapter 9, Round Rock Code of Ordinances (1995 Edition), adding Section 9.2400, authorizing the City to implement an automated red light camera program. (First Reading) (Requires Two Readings) Tim Ryle, Assistant Chief • of Police made the staff presentation. At Council's direction last year, staff began to study the need for photographic traffic signal enforcement. After reviewing available data, staff determined that the City has a problem with motorists running red lights within the city limits. This ordinance establishes red-light running as an ordinance violation and outlines the parameters regarding how red-light enforcement as a civil matter - including provisions for fines - will operate within the City. Studies earlier this year revealed a number of intersections where red-light running in the City is frequent. ORDINANCE NO. •2.1. AUGUST 23, 2007 AN ORDINANCE AMENDING CHAPTER 9, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 9.2400, TO IMPLEMENT AN AUTOMATED RED LIGHT CAMERA PROGRAM; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14C1. Consider an ordinance determining the public necessity for the acquisition of property for a City facility, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Christian Noel Marsh. (231 East Main Street) (First Reading) Jim Nuse, City Manager made the staff presentation. This property is located north of City Hall. The property is being, proposed as a City facility. This item has been discussed during Executive Sessions. 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 FEE SIMPLE INTEREST IN AND • ANY IMPROVEMENTS ON APPROXIMATELY;12,207 SQUARE FEET OF LAND; GIVING NOTICE OF OFFICIAL DETERMINATION TO-ACQUIRE SAID PROPERTY TO CONSTRUCT, MAINTAIN, AND OPERATE CITY OFFICE AND RELATED GOVERNMENT FACILITIES, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING .PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: Councilmember Clifford Councilmember Salinas ACTION: The motion carried with 5 ayes and 2 nays. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Nays: Councilmember Clifford ACTION: The motion to dispense with the second reading received a nay. This item will be brought back to the next agenda for a second reading. 14D1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the Highway 79 improvement project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed AUGUST 23, 2007 property from Highland Management, Inc. (First Reading) This ordinance will allow the City Attorney to initiate imminent domain proceedings to acquire the necessary property interests for completion of the Highway 79 project. 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 FEE SIMPLE INTEREST IN • APPROXIMATELY 1.0794 ACRES AND A DRAINAGE EASEMENT INTEREST IN APPROXIMATELY 0.1148 ACRES; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HIGHWAY 79 IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND,PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Councilmember 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 Whitfield 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 15A1. Consider a resolution scheduling public hearings on the proposed 2007 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 rollback 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 and the vote must be recorded. The proposed tax rate of $0.36522 is required to balance the FY 2007-08 Operating Budget. This rate is $0.01500 above the 2007 effective tax rate. The proposed increase is due to the new debt service associated with the recently issued general obligation bonds and certificates of obligation. Public Hearings will be held on this issue at scheduled Council meetings on September 6, 2007 and September 13, 2007. RESOLUTION NO. 218 AUGUST 23, 2007 WHEREAS, Chapter 26 of the Property Tax Code [Ve;rnon'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 Finance Director has calculated the effective tax rate and the rollback rate, submitted them to the City Council and caused them to be published in a newspaper of general circulation. WHEREAS, the City of Round Rock's 2007 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 seta 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 2007 proposed property tax rate be held on the 6th day of September, 2007, at 5:00 o'clock p.m. at 221 E Main Street, Round Rock, Williamson County, Texas, and the second public hearing on the 2007 proposed property tax rate be held on the 13th day of September, 2007 at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County, Texas. That the ordinance to adopt the 2007 proposed property tax rate be placed on the agenda of the September 13, 2007 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 2007 proposed property tax rate be placed on the agenda of the September 27, 2007 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 23rd day of August, 2007. 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 Whitfield Mayor Maxwell Nays: None- ACTION: The motion carried unanimously. 15B1. Consider a resolution authorizing the Mayor to execute Change Orders with Texas Department of Transportation for the IH 35 Area Improvements from Westinghouse Road to University Boulevard. David Bartels, Public Works.Planning and Programs Administrator made the staff presentation. TxDOT is requesting the City to approve change orders and agree to finance the additional costs for work requested by the City, plan errors, • differing and unforeseen site conditions, changes in condition and dispute resolution. A majority of the additional work, which was requested by the City. The cost is directly associated with development of the IKEA site and the opening of the Round Rock Premium Outlet. The total cost of the 12 change orders is $889,195.43. RESOLUTION NO. 219 AUGUST 23, 2007 WHEREAS, the City of Round Rock has previously entered into an Advanced Funding Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the IH-35 Area Improvements from Westinghouse Road to University Boulevard, 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 Agreement in accordance with the attached Change Order Nos. 3-5, 8-11, 13-17, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Change Order Nos. 3-5, 8-11, 13-17 to the Agreement with TxDOT for the IH-35 Area • Improvements from Westinghouse Road to University Boulevard, a copy of said change orders being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of August, 2007. MOTION: Councilmember Rhode moved..to table the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 15C1. Consider a resolution determining that "Competitive Sealed Proposal" is the delivery method, which provides the best value for the City for construction of the improvements at the Old Settlers Park Sports Complex Improvement Project. Rick Atkins, Parks and Recreation Director made the staff presentation. Effective September 1, 2001, 'i 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 the Old Settlers Park Sports Complex Improvement project. • RESOLUTION NO. WHEREAS, Texas Local Government Code, Section 271.111 (et seq) allows governmental entities to use certain methods other than competitive bidding in entering into contracts for construction of Facilities, as defined therein, 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 said Facilities and related improvements at the Old Settlers Park Sports Complex Improvement Project ("Project"), 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 221�0 AUGUST 23, 2007 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 this Project at the Old Settlers Park Sports • Complex. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of August, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Council'member Honeycutt Mayor Pro-tem McGraw Councilmember Clifford' Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15D1 Consider a resolution authorizing the Mayor-to execute a Real Estate contract h Capital Fast Foods Ltd. for the purchase of right-of-way necessary for construction of • wit p p 9 Y � the I35/Hesters Crossing expansion project. This item was addressed after the Executive Session. 15D2. Consider a resolution authorizing the Mayor'to execute an engagement letter with Sheets & Crossfield, P.C. for legal services. Steve Sheets, City Attorney made the staff presentation. Although Steve Sheets and Sheets & Crossfield, P.C. have represented the City for almost 30 years, there has never been a written agreement between the firm and the City. However, while this relationship has been successful, it would be beneficial to both parties to set out the terms of the relationship in writing. In addition, this agreement specifically sets out that the City Attorney is an independent contractor and not an employee of the City. RESOLUTION NO. WHEREAS, the City of Round Rock,("City") desires to enter into an engagement • letter with Sheets & Crossfield, P.C. for legal 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 engagement letter with Sheets & Crossfield, P.C., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at;all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of August, 2007. 221 AUGUST 23, 2007 *15E1. Consider a resolution authorizing the Mavor to execute Construction Change Order No. 4 with FT Woods Construction for the Round Rock Police Facility. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with F.T. Woods Construction for the Round Rock Police Facility, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 4, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 4 to the Contract with F.T. Woods Construction for the Round Rock Police Facility, a copy of said change order being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of August, 2007. *15F1. Consider a resolution authorizing the Mayor to execute a subrecipient Grant Award, accepting an Emergency Management Performance Grant from the Governor's Division of Emergency Management. 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 2007 Emergency Management Performance Grant Program, and WHEREAS, the City Council wishes to accept said grant funds to partially fund two Emergency Management Coordinator positions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Notice of Subrecipient Grant Award, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of August, 2007. COUNCIL COMMENTS: None EXECUTIVE SESSIONS AND ACTIONS RELATIVE TO EXECUTIVE SESSIONS: 17A. Consider Executive Sessions and actions relative to the Executive Sessions not addressed earlier in the meeting. 4A2. Executive Session as authorized by 5551.072 Government Code, related to the purchase of right-of-way from Capital Fast Foods. Ltd. for construction of the I35/Hesters Crossing expansion project. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 9:50 p.m. and adjourned at 9:55 p.m. -222 AUGUST 23, 2007 4A3. Executive Session as authorized by 8551.074 Government Code, related to the evaluation of the City Manager. Mayor Maxwell called the Executive Session to order at 9:57 p.m. and adjourned back in to regular session at 10:02 p.m. ACTIONS RELATIVE TO EXECUTIVE SESSIONS: 5A2. Consider discussion and/or possible action related to the purchase of right-of- way from Capital Fast Foods, Ltd. for construction of the I35/Hesters Crossing expansion project. No action was taken on this particular item. RESOLUTION: 15D1. Consider a resolution authorizing the Mayor to execute a Real Estate contract with Capital Fast Foods, Ltd. for the purchase of right-of-way necessary for construction of the I35/Hesters Crossing expansion project. This item was discussed in Executive Session. Steve Sheets made the staff presentation. This contract is for the purchase of a 0.039-acre tract along the frontage of property owned by Capital Fast Foods, Ltd. (Burger King) in connection with the I35/Hesters Crossing expansion project. The real estate contract is for $149,551.60 for the land, reconfiguration, and improvements to restore the proper function of the restaurant. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.039 acre tract of land for additional right-of-way for the I35/Hesters Crossing improvement project, WHEREAS, Capital Fast Foods, Ltd., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Capital Fast Foods, Ltd., for the purchase of the above described property, in the form substantially as attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED.this 23rd day of August, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 10:08 p.m. Rpectfully Submitted, Christine R. Martinez, City Secretary y 2 2' 3 SEPTEMBER 6, 2007 The Round Rock City Council met in a Special Called Session on Thursday, September 6; 2007 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 5:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Joe Clifford, Councilmember Carlos T. Salinas and Councilmember Scott Rhode. Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt and Councilmember Kris Whitfield, were absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. PUBLIC HEARINGS: 3A1. Consider public testimony concerning the proposed 2007 property tax rate for the City of Round Rock. Cindy Demers, Finance Director and Cheryl Delaney, Assistant Finance Director made the staff presentation. Chapter 26 of the Property Tax Code requires taxing units to comply.with truth-in-taxation laws when adopting their tax rates. When a proposed tax rate exceeds the lower of the rollback rate or effective tax rate, the law requires that two public hearings be scheduled. This is the first of two public hearings. The proposed tax rate of$0.36522 is required to balance the FY 2007-08 Operating Budget. This rate is $0.01500 above the 2007 effective tax rate. The proposed increase is • due to the new debt service associated with the recently issued general obligation bonds and certificates of obligation. Comparing the proposed tax rate to the effective rate, the tax rate would increase by 4.2%. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of the property. The next public hearing is scheduled for September 13, 2007. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ADJOURNMENT: There being no further business, the meeting adjourned at 5:09 p.m. R _pectfully Submitted, Christine R. Martinez, City Secretary • 224 SEPTEMBER 13, 2007 The Round Rock City Council met Regular Session on Thursday, September 13, 2007, 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 following Pledges of Allegiance. United States Fla4 Texas State Flaa 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. Counci,lmember Kris Whitfield was absent. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. CITIZENS COMMUNICATIONS: Leslie Cowan, 3000 Settlement Drive, spoke regarding item 10H1, designating t Settlement Drive and Horseman Cove as an all-way stop intersection. Don Wiederhold, 1810 Chincoteague Way, expressed his concerns regarding item 10F1, the automated red light camera program. PROCLAMATIONS. 0 5A. Consider proclaiming September 22, 2007, as Kids Day America -Round Rock. Mayor Maxwell read the following proclamation and presented it to Dr. Gerard Liboiron and Dr. Tabitha Liboiron. WHEREAS, the City of Round Rock, Texas, has a vital interest in protecting the health and safety of our children to ensure they become active, productive citizens; and WHEREAS, health, safety and the environment affect our children's overall well- being, safety, intellectual and physical development; and ' WHEREAS, more children die or are disabled from preventable causes each year than from all childhood diseases combined; and WHEREAS, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime; and WHEREAS, chiropractic doctors and 'staff throughout the United States are sponsoring the 13th Annual Kids Day America, and the 1st Annual Kids Day America-Round Rock event and fundraiser on September 22 will help parents and children learn about health awareness, fire safety, bike safety, recycling, drug awareness and many more important topics to keep our children safe and make the world a healthier and happier place; NOW THEREFORE, I, Alan McGraw, Mayor Pro-tem of the City of Round Rock, Texas, do hereby proclaim September 22, 2007, as • "KIDS DAY AMERICA - ROUND ROCK" and call upon all citizens to join me in recognizing and commending the National Kids Day Alliance organizations in our area for providing their everyday contributions and commitment to improving the lives of the children and young adults in our communities. PROCLAIMED this 13th day of September 2007. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. Items 7A was withdrawn from the agenda and 10F1 was withdrawn from the consent agenda and addressed in its normal sequence on the regular agenda. SEPTEMBER 13, 2007 *7A. Consider approval of the City Council minutes for August 13-14, 2007; August 23, 2007; and September 6, 2007. This item was withdrawn from the agenda *10F1. Consider an ordinance amending Chapter 9, Round Rock Code of Ordinances (1995 Edition), adding Section 9.2400, authorizing the City to implement an automated red light camera program. (Second Reading) This item was withdrawn from the agenda. *10HI. Consider an ordinance designating the intersection of Settlement Drive and Horseman Cove as an all-way stop intersection. (First Reading) (Requires two readings) *7A. Consider approval of the City Council minutes for August 13-14, 2007; August 23, 2007; and September 6, 2007. MOTION: Councilmember Honeycutt moved to approve all the remaining items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the City Council minutes for August 13-14, 2007; August 23, 2007; and September 6, 2007. This item was withdrawn from the consent agenda and will be addressed at the next meeting. PRESENTATIONS: 8A1. Consider a presentation concerning Austin Community College. Raymond Hartfield, Co-Chair of ACCtion 4 Education Committee gave an update on the progress of bringing an Austin Community College Campus to Round Rock and the rest of the Round Rock Independent School District. This Committee is a broad-based group of citizens in the Round Rock ISD who wants to bring ACC to all residents of the school district. Currently, only portions of RRISD that are in the Austin city limits are ACC In-District. Being In-District not only means you pay a third of out-of-district tuition ($39 per semester hour, versus $120), but the community as a whole will benefit by having a major educator close at hand. The Committee is in the process of gathering 6,000 signatures to place this initiative on the May 10, 2008 ballot. In order to join ACC, voters in the RRISD district must approve a ballot measure asking to join the ACC taxing authority. Steve Kinslow, President of Austin Community College was present to answer questions. PUBLIC HEARINGS: `2 2'6 SEPTEMBER 13, 2007 9A1. Consider public testimony regarding an application filed by HRT Properties of Texas, LTD to rezone 1.84 acres, located near the intersection of University Boulevard and Sunrise Road, from Light Industrial (LI) to General Commercial - Limited (C-1a). (Oakmont Centre Section 3 Resubdivision) Susan Brennan, Planning and Community Development Coordinator made the staffpresentation. The subject tracts are completely surrounded by commercially zoned land. The tracts would become part of a proposed medical clinic, which is a permitted use in the C-1a zoning district. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9B1. Consider public testimony concerning the proposed 2007-2008 Operating Budget for the City of Round Rock. (First Public Hearing) Cheryl Delaney, Assistant 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 30, 2007. This change includes the additional funding in the General Fund for Police Department new programs of $369,086. The proposed tax rate of $0.36522 is required to balance the FY 2007-08 Operating Budget. This rate is $0.01500 above the 2007 effective tax rate. The proposed increase is due to the new debt service associated • with the recently issued General Obligation Bonds and Certificates of Obligation. In addition, the proposed utility budget is balanced with a planned 5.8% 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 testimony, the public hearing was closed. 9B2. Consider public testimony concerning the proposed 2007 property tax rate for the City of Round Rock. (Second Public Hearing) Cheryl Delaney, Assistant Finance Director made the staff presentation. The proposed FY 2007-2008 Operating Budget is balanced at the property tax rate of 36.522 cents per $100 of appraised taxable value. This rate is below the tax rate adopted in 2006 (FY 2006-2007) by $0.00583, and is $0.01500 above the 2007 (FY 2007-2008) effective tax rate. This tax rate provides adequate funding for the proposed operating budget. It remains a competitive rate when compared to other municipalities. Comparing the proposed tax rate to the effective rate, the tax rate would increase by 4.2%. 2007 (FY 2007-2008) Proposed Tax,Rate - $0.36522 2007 (FY 2007-2008) Effective Tax Rate - $0.35022 2006 (FY 2006-2007) Tax Rate - $0.37105 The first public hearing was held on September 6. 227 SEPTEMBER 13, 2007 Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9B3. Consider public testimony concerning proposed amendments to the Water and Wastewater rates. Cheryl Delaney, Assistant Finance Director made the staff presentation. Last year the City updated its comprehensive water and wastewater utility rate model with the consulting firm of Black &Veatch. The results of the updated study indicated that the scheduled rate increases should continue to fund operations and anticipated debt issuances associated with the $134 million utility capital improvement program: The proposed rate increases will go into effect January 2008 and will affect both the water and wastewater components of the utility bill and is estimated to increase the average residential bill by approximately 6.2%. Historically, the City has taken a utility rate management approach that avoids substantial rate increases in any given year. Staff will continue to make rate recommendations in consideration of this philosophy in addition to keeping our rates competitive within the area. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: • 10A1. Consider an ordinance adopting of the 2007-2008 Operating Budget for the City of Round Rock. (First Reading) (Requires two readings) Cheryl Delaney, Assistant Finance Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10A2. Consider an ordinance adopting the 2007 property tax rate for the City of Round Rock. (First Reading) (Requires two readings) Cheryl Delaney, Assistant Finance Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. 228 SEPTEMBER 13, 2007 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 2007. MOTION: Mayor Pro-tem McGraw moved that property taxes be increased by the adoption of a tax rate of 36.522 cents and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10A3. Consider an ordinance amending the City's Water &Wastewater rates. (First Reading) (Requires two readings) Cheryl Delaney, Assistant Finance Director made the staff presentation for this item during the publictearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.201 AND 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember 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 Mayor Maxwell Nays: None ' Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10A4. Consider an ordinance adopting the 2007-2008 Hotel/Motel Occupancy Tax Budget. (First Reading) (Requires two readings), Cheryl Delaney, Assistant Finance Director made the staff presentation. The Hotel/Motel Fund is used to collect for the levy and use of the hotel-motel bed tax. Proceeds from this tax are to be used toward the promotion of tourism and the convention and hotel industry in the City. The Hotel/Motel Budget includes operating expenditures associated with the Convention &Visitors Bureau, special event funding and debt service for Dell Diamond/United Heritage Convention Center Complex. • ORDINANCE NO. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2007-2008. 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 229 SEPTEMBER 13, 2007 Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10B1. Consider an ordinance amending Chapter 3, Section 3.105 Code of Ordinances revising the fees for building permits issued by the City. (First Reading) • (Requires two readings) Tom Word, Chief of Public Works Operations made the staff presentation. In response to the input from citizens during the City's 10-year Operational Plan that indicated a preference for the City to charge appropriate user fees, staff evaluated current fees charged by the City, for building permits and feel that adjustments are necessary to recover the cost of processing a building permit from initial application through the completion of the work authorized by the permit. Fees associated with the issuance and processing of a building permit have not changed since the early to mid 1980's. Because the number of permits issued by the City can fluctuate from year to year, staff recommended that periodic review of the permit fees collected and the permit fee schedule be made every year or two to ensure that the costs of providing these services are being funded by the users of these services. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING PERMIT FEES; 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 Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10C1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Hesters Crossing improvement project and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire • this needed property from Wells Fargo Bank. (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 for completion of the Nesters Crossing project. The City has made an offer of $149,628.00 and has not received a response from the property owner. 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 FEE SIMPLE INTEREST IN 2, 3.0 SEPTEMBER 13, 2007 APPROXIMATELY 0.184 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE HESTERS CROSSING 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 Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield 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. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro -tem McGraw: Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield • ACTION: The motion carried unanimously. 10D1. Consider an ordinance to rezone 1.84 acres, located near the intersection of University Boulevard and Sunrise Road, from Light Industrial (LI) to General Commercial - Limited (C-1a). (Oakmont Centre Section 3 Resubdivision) (First Reading) Susan Brennan, Planning and Community Development Coordinator made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP'OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a'), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.84'ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1A (GENERAL COMMERCIAL - LIMITED). MOTION: Councilmember 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 Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 2 3 1 SEPTEMBER 13, 2007 MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10E1. Consider an ordinance amending Chapter 1, Section 1.10001, Code of Ordinances, to impose certain response time requirements for licensed police personnel, certified fire personnel and certain designated utility and transportation personnel. (First Reading) Kristie O'Hara and Assistant Police Chief Tim Ryle made the staff presentation. This ordinance will provide a response time requirement of 45 minutes to sworn members of the Fire and Police Department and certain designated City personnel. This requirement is designed to ensure that sufficient personnel and equipment are available to respond to, mitigate and recover from emergency situations that arise due to man-made and/or natural disasters. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1000.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, IMPOSING CERTAIN RESPONSE TIME REQUIREMENTS FOR POLICE PERSONNEL, FIRE PERSONNEL, AND PUBLIC SAFETY PERSONNEL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt • the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. .232 SEPTEMBER 13, 2007 *10F1. Consider an ordinance amending Chapter 9, Round Rock Code of Ordinances (1995 Edition), adding Section 9.2400, authorizing the City to implement an automated red light camera program. (Second Reading), This item was removed from the consent agenda to be addressed at this time. Tim Ryle, Assistant Chief of Police made the staff presentation. At Council's direction last year, staff began to study the need for,photographic traffic signal enforcement. After • reviewing available data, staff determined that the City has a problem with motorists running red lights within the city limits. This is the second reading of this ordinance that establishes red-light running as an ordinance violation and outlines the parameters regarding how red-light enforcement as a civil matter - including provisions for fines - will operate within the City. The first reading of the ordinance was approved August 23, 2007. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 9.2400, TO IMPLEMENT AN AUTOMATED RED LIGHT CAMERA PROGRAM; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10G1. Consider an ordinance determining the public necessity for the acquisition of property for a City facility, and if necessary, authorizing the City Attorney to initiate eminent domain proceedings to acquire this needed property from Christian Noel Marsh. (231 East Main Street) (Second Reading), David Kautz, Assistant City Manager and Chief Financial Officer made the staff presentation. This property is located north of City Hall and the property is being proposed as a city facility. This item has previously been discussed in Executive Sessions. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Mayor Maxwell Nays: Councilmember Salinas; Absent: Councilmember Whitfield ACTION: The motion carried with 5:ayes and 1 nay: *10H1. Consider an ordinance designating the intersection of Settlement Drive and Horseman Cove as an all-way stop intersection (First Reading) (Requires two readings) 2313 SEPTEMBER 13, 2007 This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY DESIGNATING THE INTERSECTION OF SETTLEMENT DRIVE AND HORSEMAN COVE AS AN ALL-WAY STOP. INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: • 11A1. Consider a resolution authorizing the Mayor to execute a Financing Program Agreement with All Points Public Funding, LLC, 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. The financing program for the current year totals $750,000, financed at an effective interest rate of 3.867%, has a three-year amortization and is outlined in the operating budget. The first year repayment is included in the proposed operating budget. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas ("Lessee") proposes to enter into a Master Equipment Lease/Purchase Agreement (the "Master Lease") with All Points Public Funding, LLC, as lessor ("Lessor") and City of Round Rock, as lessee ("Lessee") and proposes to enter into Equipment Schedule No. 01 (Exhibits A-A7) thereunder to enable Lessee to finance the lease/purchase acquisition of up to $750,000 principal amount of Equipment (as defined in Schedule No. 01 with the intent that the interest portion of the Rental Payments (as defined in the Master Lease) therefor, in an amount not to exceed 3.867% 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 No. 01, sufficient to pay both the principal and interest portion of the Rental Payments under the Master Lease and Schedule No. 01. WHEREAS, the Master Lease and Schedule No. 01 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 No. 01 pursuant to the Master Lease in order to finance acquisition of the Equipment in a principal amount of up to $750,000 at an interest rate not to exceed 3.867% per annum and, in order to secure the Master Lease and Schedule No. 01, to pledge its ad valorem taxes, in accordance with said Master Lease and Schedule No. 01. 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 No. 01 to the Master Lease including all attachments, financing statements and schedules thereto, such Master Lease and Schedule No. 01 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 No. 01; 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 No. 01 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 No. 01 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 2 3 .4 SEPTEMBER 13, 2007 upon, all as required by the Open MeetingsAct, Chapter 55.1, Texas Government Code, as amended. RESOLVED this 13th day of September, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11B1. Consider a resolution authorizing the Mayor to execute a Developer Participation Agreement for the Lake Creek Trail Project. Rick Atkins, Parks and Recreation Director made the staff presentation. Colonial Properties Trust is building a multi-family development, Colonial Grand at Ashton Oaks, north of Lake Creek on A.W. Grimes Boulevard. The City will grant Colonial a waterline and fire laccess easement through Lake Creek Park and in turn Colonial will build approximately 3,000 feet of the Lake Creek Trail. The City is participating in the construction of this trail by paying 30% of the total construction cost ($175,000) or $52,500. This development agreement saves the City $122,500 in construction cost that the City would have incurred in the construction of this • important segment of trail. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to enter into an agreement with Colonial Realty Limited Partnership, ("Developer"), to participate in the construction of a trail north of Lake Creek on A.W. Grimes Boulevard associated with the Colonial Grand at Ashton Oaks proposed multifamily 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, 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 13th day of September, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford. Councilmember Salinas' Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield 2- 35- SEPTEMBER 13, 2007 ACTION: The motion carried unanimously. 11C1. Consider a resolution authorizing the Mayor to execute an Application and Letter of Agreement for Construction Services with Southwestern Bell Telephone, L.P. for the relocation of telephone facilities for the IH 35 Frontage Road Collector/Distributor and Nesters Crossing Bridge Replacement proiect. Thomas G. Martin, P.E., Director of • Transportation Services made the staff presentation. Relocation of telephone facilities along IH 35 west of Hester's Crossing Bridge are required to proceed with the IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement project. The agreement includes the use of a joint trench for both telephone and gas utilities. The cost to the City for the relocation of the telephone facilities is for $1,076,429.70. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is planning a roadway improvement project for IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement ("Project") and WHEREAS, telephone facilities along IH 35 west of Hesters Crossing Bridge must be relocated to proceed with work on the Project, and WHEREAS, the City and Southwestern Bell Telephone, L.P. d/b/a AT&T Texas wish to enter into an Application and Letter of Agreement for Construction Services regarding the relocation of said telephone facilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Application and Letter of Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. ' 11C2. Consider a resolution authorizing the Mayor to execute a Discretionary Service Agreement for electric relocation between the City of Round Rock and Oncor Electric • Delivery for Kiphen Road, Phase II project. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. Relocation of electric services and poles in the vicinity of Chasco (from .18 miles east of the old MKT Railroad ROW to CR 122) are required in order to proceed with construction of the Kiphen Road, Phase II project. The cost to the City is $57,440.00. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is planning a roadway improvement project for the widening of Kiphen Road ("Project"), and 23 � SEPTEMBER 13, 2007 WHEREAS, Oncor Electric Delivery ("Oncor") has electrical lines which must be relocated in order to proceed with the Project, and WHEREAS, the City and Oncor wish to enter into a Discretionary Service Agreement for the relocation of said electrical lines, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to,execute on behalf of the City a Discretionary Service Agreement with Oncor 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 55;1, Texas Government Code, as amended. RESOLVED this 13th day of September, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes:r Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas, Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11C3. Consider a resolution authorizing the Mayor to execute Change Orders with Texas Department of Transportation for the IH 35 Area Improvements from Westinghouse Road to University Boulevard. Tom Word, Chief of Public Works Operations made the staff presentation. TxDOT asked the Cit to approve change orders and p Y pP agree to finance the 9 additional costs for work requested by the City, plan errors, differing and unforeseen site conditions, changes in condition and dispute resolution concerning improvements that were conducted. A majority of the additional work, which was requested by the City, and cost is directly associated with development of the IKEA site and the opening of the Round Rock Premium Outlet. The change orders total $889,195.43. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Advanced Funding Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the IH-35 Area Improvements from Westinghouse Road to University Boulevard, 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 Agreement in accordance with the attached Change Order Nos. 3-5, 8-11, 13-17, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to:execute on behalf of the City Change Order Nos. 3-5, 8-11, 13-17 to the Agreement with TxDOT for the IH-35 Area • Improvements from Westinghouse Road to;University Boulevard, a copy of said change orders being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all.times during which this Resolution and the subject matter hereof 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 September, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Salinas seconded the motion. q 237 SEPTEMBER 13, 2007 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. • 11D1. Consider a resolution authorizing the Mayor to execute an Out of City Water Service Agreement with Brian and Belinda Robinson for the property located at 11 Westview Drive. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. This resolution is for an Out-of-City Water Service Agreement to serve the property at 11 Westview Drive, which is not currently located within the City's corporate limits. The City does not have an existing Out-of-City Water Service Agreement with the owner of the property to provide water to this property. The City agrees to sell the owner water for domestic use,-on an as-needed basis, for one single-family residence and one additional restroom facility located in the auxiliary metal building on the property. The owner agrees to pay the City for all water delivered at the rate authorized by adopted ordinances. RESOLUTION NO. • WHEREAS, §10.103 Code of Ordinances (1995 Edition) provides that under certain conditions the City will furnish water and wastewater services outside of the city limits, and WHEREAS, Brian and Belinda Robinson, the owners of a tract of land as shown in Exhibit"A", ("Property") has requested that the City furnish water service to said Property, and WHEREAS, the Council hereby determines that the City has adequate capacity of water service available for the purpose of serving the Property without impairing services within the City, and WHEREAS, the owner of the Property must comply with all of the provisions of §10.103 with respect to costs, construction standards, inspections, et cetera, and WHEREAS, the owner of the Property must also comply with applicable subdivision and platting statutes and ordinances, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That subject to owners compliance with applicable subdivision and platting statutes and ordinances, and pursuant to §10.103 Code of Ordinances (1995 Edition) the City Council hereby approves the furnishing of water service to the Property, subject to the owners compliance with the requirements of said §10.103, at the rates specified in §10.201(6)(b) of the Code, and in accordance with the Out of City Water Service Agreement described below, and BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and directed to execute on behalf of the City an Out of City Water Service Agreement with Brian and Belinda Robinson, a copy of said agreement being attached hereto as Exhibit"B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 13th day of September, 2007. 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 Z3:3 SEPTEMBER 13, 2007 Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11D2. Consider a resolution authorizing the Mayor to execute an Out-of-City Wastewater Service Agreement with Karen Gunther for the property located at 16 Country Drive. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. This resolution is for an Out-of-City Wastewater Service Agreement to serve • the property at 16 Country Drive which is not within the City's corporate limits. The City does not have an existing Out-of-City Wastewater Service Agreement with the owner to provide wastewater service to this property. This agreement formalizes the terms by which the city will provide wastewater service to the property because the current septic system on the property is failing. The City agrees to sell the owner wastewater service as required for domestic use on an as-needed basis for one single-family residence. The owner agrees to pay the City for all wastewater collected',at the rate authorized by adopted ordinances. RESOLUTION NO. WHEREAS, §10.103 Code of Ordinances (1995 Edition) provides that under certain conditions the City will furnish water and wastewater services outside of the city limits, and WHEREAS, Karen Gunther, a/k/a Karen S. Koonce, the owner of a tract of land as shown in Exhibit"A", ("Property") has requested that the Gity furnish wastewater service to said Property, and WHEREAS, the Council hereby determines that the City has adequate capacity of wastewater service available for the purpose of serving the'Property without impairing services within the City, and WHEREAS, the owner of the Property must comply with all of the provisions of §10.103 with respect to costs, construction standards, inspections, et cetera, and WHEREAS, the owner of the Property must also comply with applicable subdivision and platting statutes and ordinances, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That subject to owner compliance with applicable subdivision and platting statutes and ordinances, and pursuant to §10.103 Code of Ordinances (1995 Edition) the City Council hereby approves the furnishing of wastewater service to the Property, subject to the owner compliance with the requirements of said §10.103, at the rates specified in §10.202(1)(b) of the Code, and in accordance with the Out-of-City Wastewater Service Agreement described below, and . BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and directed to,execute on behalf of the City an Out-of-City Wastewater Service Agreement with Karen Gunther, a/k/a Karen S. Koonce, a copy of said agreement being attached hereto as Exhibit"B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this the 13th day of September, 2007. • MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford: Councilmember Salinas' Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. SEPTEMBER 13, 2007 11D3. Consider a resolution authorizing the Mayor to execute a Wholesale Water and Wastewater Agreement with the Paloma Lake Municipal Utility District No. 1. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. The City entered into the Paloma Lake Municipal Utility District (MUD) Nos. 1 and 2 Consent Agreement and agreed to provide wholesale water and wastewater services to the MUDs. • The.MUDs and the City now desire to enter into this wholesale agreement to establish the rates and rate methodology for these services. The initial rate for water will be $2.51 per 1,000 gallons as measured by master meters located at the MUDs boundaries. The initial rate for wastewater will be $3.52 per 1,000 gallons based on 70% of the MUDs then-current water usage, excluding water used for irrigation purposes and measured by irrigation-only water meters. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Consent Agreement with Blake Magee Investments, L.P., for Paloma Lake Municipal Utility District No. 1 ("District"), and WHEREAS, in accordance with the Consent Agreement the City agreed to provide wholesale water and wastewater services to the District, and WHEREAS, the City now desires to enter into a Wholesale Water and Wastewater Agreement with Paloma Lake Municipal Utility District No. 1, to set forth the terms and conditions of such 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 Wholesale Water and Wastewater Agreement, a copy of same being attached hereto as • Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11D4. Consider a resolution authorizing the Mayor to execute a Wholesale Water • and Wastewater Agreement with the Paloma Lake Municipal Utility District No. 2. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. The City entered into the Paloma Lake Municipal Utility District (MUD) Nos. 1 and 2 Consent Agreement and agreed to provide wholesale water and wastewater services to the MUDs. The MUDs and the City now desire to enter into this wholesale agreement to establish the rates and rate methodology for these services. The initial rate for water will be $2.51 per 1,000 gallons as measured by master meters located at the MUDs boundaries. The initial 24 SEPTEM6ER 13, 2007 rate for wastewater will be $3.52 per 1,000 Igallons based on 70% of the MUDs then-current water usage, excluding water used for irrigation purposes and measured by irrigation-only water meters. RESOLUTION NO. WHEREAS, the,City of Round Rock (",,City") has previously entered into a Consent Agreement with Blake Magee Investments, L.P., for Paloma'Lake Municipal Utility District No. 2 ("District"), and • WHEREAS, in accordance"with the Consent Agreement the City agreed to provide wholesale water and wastewater services to the District, and WHEREAS, the City now desires to enter into a Wholesale Water and Wastewater Agreement with Paloma Lake Municipal Utility District No. 2, to set forth the terms and conditions of such 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 Wholesale Water and Wastewater Agreement, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings;Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilrnember Clifford Councilmember Salinas • Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11D5 Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Camo Dresser, & McKee Inc. for the 2007 Wastewater Master Plan, Impact Fee and Model Update. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. With the adoption of the 2005 Water and Wastewater Impact Fees, the City committed to providing a study and updating of the water and wastewater impact fees every two years. In order to complete the 2007 Water and Wastewater Impact Fee Study, an update of the 2003 Wastewater Collection System Master Plan is necessary. The contract for the services is for $86,450. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2007 Wastewater Master Plan, Impact Fee and Model Update Project, and WHEREAS, Camp, Dresser & McKee�Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Camp, Dresser & McKee Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Camp, Dresser & McKee Inc. for the 2007 Wastewater Master Plan, Impact Fee and Model Update 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 241 SEPTEMBER 13, 2007 Resolution and the subject matter hereof 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 September, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11D6 Consider a resolution authorizing the Mayor to execute Amendment No. 1 to an Interlocal Agreement Regarding Final Design Services for a Regional Water System with the City of Cedar Park and the City of Leander. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. This Interlocal Agreement between the City of Leander, City of Cedar Park and City of Round Rock outlines the procedure for managing the Final Design Service contracts. These services are being provided by four highly respected Engineering Firms who were selected based on the review of about 20 firms that responded to the cities request for qualifications. This Amendment No. 1 to the • Interlocal Agreement is due to additional services that are being required by the three cities for two of the Engineering Firms. Round Rock's portion of Amendment No. 1 is $499,142.62. The new total for Final Design Services for the four firms is $3,127,204.62. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City of Cedar Park and the City of Leander regarding final design services for the regional water system, and WHEREAS, the City now desires to enter into Amendment No. 1 to the Interlocal Agreement to include additional 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 Amendment No. 1 to-the Interlocal Agreement Regarding Final 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 13th day of September, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 242 SEPTEMBER 13, 2007 11D7. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the contract for Engineering Services with Carter & Burgess, Inc. regarding the Raw Water Barge and Pipelines for the Cedar Park/Round Rock/Leander Regional Water Supply System Improvements. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. This Supplemental Agreement No. 2 is for additional Final Design Services for the Raw Water Barge and Pipelines. The additional • services are for surveying of easements for the Trails End Road alignment, Geotechnical Investigation for the Lime Creek Tunnel under Lake Travis and additional Deep Water Intake Site(s) investigations, analysis and alternative intake structures for each of the alternate sites. This includes the raw water floating intake barge and the associated raw water pipelines to deliver Lake Travis Water to the Regional Water Treatment Plant. The f he ultimate capacity needed b each Party. engineering fees will be paid on a percentage o f p y y y The total cost of this Supplemental contract will be $443,764.00 with Round Rock's share being $171,115.40. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Carter & Burgess, Inc. for the Raw Water Barge and Pipelines for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, Carter & Burgess,Jnc. has submitted Supplemental Contract No. 2 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. 2 with Carter & Burgess, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 2 to the Contract with Carter & Burgess, Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell • Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11D8. Consider a resolution authorizing the Mayor,to execute Supplemental Agreement No. 2 to the contract for Engineering Services with Camp Dresser & McKee, Inc. regarding the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water Supply System Improvements. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. These services include, but are not limited to the 2, 43 SEPTEMBER 13, 2007 coordination with owner and its sub-consultants for site acquisition, performing raw water sampling and analysis, plant operations evaluation, prepare pre-bid RFQ to pre-qualify bidders, perform value engineering for cost saving opportunities, additional design services, re-design of and piping, re-design of site drainage and detentions stem and additional 9 Y P P 9, 9 9 Y cost associated with utilizing senior staff due to the accelerated design schedule. The delays in property acquisition have caused the design to be accelerated by about three months. The total cost of this Supplemental Agreement is $850,693 with Round Rock's share being $328,027. 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 Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, Camp Dresser & McKee, Inc. has submitted Supplemental Contract No. 2 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. 2 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. 2 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 13th day of September, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:03 p.m. Respectfully Submitted, Christine R. Martinez, City Secretary 244 SEPTEMBER 27, 2007 The Round Rock City Council met in'Work Session and Regular Session on Thursday, September 27, 2007 in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER: Mayor Maxwell called the session to order at 6:00 P.-m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember • Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. WORK SESSION: 3A1. Executive Session as authorized by 5551.074-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 6:02 p.m. and adjourned at 6:51 p.m. ACTION RELATIVE TO THE EXECUTIVE SESSION: 4A1. Consider discussion and/or action regarding the evaluation and compensation for the City Manager. Councilmember Rhode recommended that the City Manager receive a 5% merit increase plus 8% equity adjustment for 13% increase in salary. In addition, that • the car allowance for the City Manager be increased to $7,200 per year, which is $600 per month and that the City Manager be given three additional ,days leave for a total of twenty- one days a year. MOTION: Councilmember Whitfield ;moved to accept the recommendation from Councilmember Rhode. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PRESENTATION: 5A1. Consider an update on the former HEB site located at Palm Valley Boulevard and North Mays Street. Jim Stendebach, Planning and Community Development Director made the staff presentation. He outlined the information provided to the Council regarding the status of the former HEB located at Palm Valley Boulevard and North Mays Street. The presentation included a brief history of the site and preliminary site plan provided by the new property owners. CALL REGULAR SESSION TO ORDER - 7:00 P.M. 245 SEPTEMBER 27, 2007 PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance. 7.A. United States Flag 7.B. Texas State Flag CITIZENS COMMUNICATIONS: • The following individuals spoke on Wyoming Springs and/or the Creek Bend Road Expansion Project. Glen Reid, 2508 Falcon Drive James Cunningham, 1110 Quail Lane Jessica Stemple, 8405 Sea Ask Circle, Stone Canyon Lee Linton, 1111 Quail Lane Joan Brown, 16800 Willow Oak Lane, Stone Canyon PROCLAMATIONS: 9A Consider proclaiming September 29 2007 as "Public Safety Day Sponsored by the Round Rock Noon Kiwanis." Mayor Maxwell read the following proclamation and presented to Bill Powell and Peggie Fink. WHEREAS, Public Safety Awareness Day began around 1986 as a way to increase public awareness of the many and diverse roles of the Round Rock Fire Department, Police • Department, and Emergency Medical Services (EMS); and WHEREAS, as our City has grown throughout the years, these public services have increased their presence in the community; and WHEREAS, the Round Rock Fire Department, Police Department, and EMS have routinely provided the City with necessary services in an efficient, professional and courteous manner, and actively promotes and encourages the goals of providing an attractive, safe and economically sound environment for its businesses and citizens; and WHEREAS, the Round Rock Noon Kiwanis is a non-profit civic organization that was founded in 1952 and have dedicated themselves to improving and enhancing the lives of young children in the City of Round Rock; and WHEREAS, since 1991 Kiwanis has held an Annual Pancake Breakfast Fundraiser for all citizens to enjoy and then donating the proceeds of the fundraiser to the Texas Baptist Children's Home, Williamson County & Cities Health Department, scholarships to all high schools in the Round Rock area, the YMCA, and many others; and WHEREAS, these two events were brought together several years ago on the front lawn of the Texas Baptist Children's Home to bring greater awareness to our community of the many 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 29, 2007, 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 27th day of September 2007. • 9B. Consider proclaiming October 15, 2007 as "White Cane Safety Day." Mayor Maxwell read the following proclamation and presented to Shirley Dillman. 246 SEPTEMBER 27, 2007 WHEREAS, the white cane and dog guide are tools that are key to greater mobility and independence for the blind and visually impaired; and WHEREAS, for the sighted, the white cane and the dog guide are reminders to respond with respect and courtesy to individuals using them; and WHEREAS, for all of us, they are reminders of our commitment to removing barriers both physical and attitudinal, that prevent people who are blind from reaching their full potential; and WHEREAS, White Cane Day promotes awareness of the independence and contributions that individuals who are blind,make to the social and economic life of our community; and WHEREAS, in 1963, the National Federation of the Blind called upon the governors of • the 50 states to recognize White Cane Day each year; and WHEREAS, in October of 1964, a joint resolution of the Congress authorized the President of the United States to proclaim October 15 of each year as "White Cane Safety Day." NOW THEREFORE, I, NYLE MAXWELL, Mayor of the City of Round Rock, Texas, do hereby commend all blind people for their growing spirit of independence and their increased determination to be self-reliant and dignified in their communities. PROCLAIMED this 27th day of September 2007. PRESENTATIONS: 10A. Consider presentation of a "Good Samaritan Certificate" to Wendy Lee and Jaime Alaniz. Bryan Williams, Chief of Police gave a brief description of the Samaritan act that Wendy Lee and Jaime Alaniz conducted to earn the "Good Samaritan Certificate." Chief Williams presented the certificates to Ms. Lee and Mr. Alaniz. 10B. Consider continuation of presentations not addressed during the Work Session. CONSENT AGENDA: The followingitems were considered routine b the Cit Council and were enacted b t Y Y Y one motion. There was no separate discussion on any of these items and no items were pulled from the consent agenda. *12A. Consider approval of the City Council minutes for August 13-14, 2007; August 23, 2007; September 6, 2007, and September 13, 2007. *14A4. Consider an ordinance adopting the 2007-2008 Hotel/Motel Occupancy Tax Budget. (Second Reading) *14E1. Consider an ordinance amending Chapter 3, Section 3.105 Code of Ordinances revising the fees for building permits issued by the City. (Second Reading) *14F1. Consider an ordinance designating the intersection of Settlement Drive and Horseman Cove as an all-way stop intersection. (Second Reading) *15E3. Consider a resolution authorizing the City Manager to issue a purchase • order to Southwest Business Solutions for Bid Package 13 steel storage shelving for the new Police Department headquarters building. *15E4. Consider a resolution authorizing the City Manager to issue a purchase order to Electra Link, Inc. for Bid Package 1 - audiovisual equipment for the new Police Department headquarters building_ 241 SEPTEMBER 27, 2007 *15E5. Consider a resolution authorizing the City Manager to issue a purchase order to Furniture for Business for Bid Package 3 - Wood Office, Executive Seating for the new Police Department headquarters building. *15E6 Consider a resolution authorizing the City Manager to issue a purchase order to The Spencer Company for Bid Package 8 - Mobile Marker Board - and Bid Package • 10 - Plastic Laminate Tables for the new Police Department headquarters building. *15E7 Consider a resolution authorizing the City Manager to issue a purchase order to Rockford Business Interiors for Bid Package 2 - Systems Furniture; Bid Package 6.- Detainee Seating• and Bid Package 9 - Mobile Computer Station for the new Police Department headquarters building. *15E8 Consider a resolution authorizing the City Manager to issue a purchase order to Austin Business Furniture for Bid Package 4 - Nesting Tables and Chairs; Bid Package 5 - Officer Seating; Bid Package 7 - Junior Seating; Bid Package 11 - Task Seating• and Bid Package 14 - Sled Based Guest Seating for the new Police Department headquarters building. *15F1. Consider a resolution authorizing the Mayor to execute a funding agreement with Faith in Action Caregivers Round Rock. • *15F2. Consider a resolution authorizing the Mayor to execute a funding agreement with Habitat for Humanity of Greater Round Rock. *15F3. Consider a resolution authorizing the Mayor to execute a funding agreement with Hope Alliance. *15F4. Consider a resolution authorizing the Mayor to execute a funding agreement with Life Steps. *15F5. Consider a resolution authorizing the Mayor to execute a funding agreement with Literacy Council of Williamson County. *15F6. Consider a resolution authorizing the Mayor to execute a funding agreement with the Lone Star Circle of Care. *15F7. Consider a resolution authorizing the Mayor to execute a funding agreement with Round Rock Area Serving Center. • *15F8. Consider a resolution authorizing the Mayor to execute a funding agreement with Round Rock Volunteer Center. *15F9. Consider a resolution authorizing the Mayor to execute a funding agreement with Williamson County Children's Advocacy Center. SEPTEMBER 27, 2007 *15F10. Consider a resolution authorizing the Mayor to execute a funding agreement with YMCA of Greater Williamson County. MOTION: Councilmember McGraw 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *12A. Consider approval of the City Council minutes for August 13-14, 2007; August 23, 2007; September 6, 2007, and September 13, 2007. This item was approved under the consent agenda. PUBLIC HEARINGS: 13A1. Consider public testimony concerning the proposed 2007-2008 Operating Budget for the City of Round Rock. (Second Public Hearings Cheryl Delaney, Assistant Finance Director made the staff presentation. This is the second public hearing concerning the Operating Budget, which consists of the General Fund, General Debt Service Fund and • the Water/Wastewater Utility Fund. The General Fund budget provides improved levels of service for a growing community and competitive water and wastewater rates for the utility fund while adhering to the City's financial policies. The proposed tax rate of $0.36522 is required to balance the FY 2007-08 Operating Budget. This rate is $0.01500 above the 2007 effective tax rate. The proposed increase is due to the new debt service associated with the recently issued general obligation bonds and certificates of obligation. The proposed utility budget is balanced with a planned 5.8% 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. The first public hearing regarding the proposed FY 2007-2008 Operating Budget was held September 13, 2007. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 13B1. Consider public testimony regarding an application filed by Leland and Dana Dawson to zone 4.617 acres of land, located east of Red Bud Lane and south of the intersection of Red Bud Lane and Old Settlers Boulevard to Office (OF). (Dawson Tract) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract was annexed into the City within the past year. This tract was .. . � 2 49 SEPTEMBER 27, 2007 designated for Business Park in the General Plan. Although the small size of the tract makes it unsuitable for the Business Park zoning district, the Office zoning district is a subset of, and compatible with, the Business Park district. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. • 13B2 Consider public testimony regarding an application filed by Larry and Nancy Madsen Duval and Geraldine Jarl and David Hampton and Florine Parker, to zone 12.45 acres of land located north and south of CR 122 at intersection with Red Bud Lane, to Local Commercial - Limited (C-2). (Madsen Jarl, Hampton & Parker Tracts) Jim Stendebach, Planning and Community Development Director made the staff presentation. These tracts were annexed into the City within the past year. The tracts are designated for residential in the General Plan. Neighborhood commercial sites are appropriate in residentially designated areas when located at the intersection of a collector street and an arterial roadway. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 13B3 Consider public testimony regarding an application filed by Larry and Nancy • Madsen and Ronald and Janette Madsen, to zone 13.86 acres of land, located north and south of CR 122 iust east of its intersection with Red Bud Lane, to Office (OF). (Madsen Tracts) Jim Stendebach, Planning and Community Development Director made the staff presentation. This tract was annexed into the City within the past year. These tracts are designated for residential in the General Plan. Office use is compatible with, and less intensive than, neighborhood commercial. In this instance it will serve as a buffer between neighborhood commercial uses and future residential uses. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 14A1. Consider an ordinance adopting of the 2007-2008 Operating Budget for the City of Round Rock. (Second Reading) Cheryl Delaney, Assistant Finance Director made • the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, DIRECTING THE CITY SECRETARY TO FILE A TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. 250 SEPTEMBER 27, 2007 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 Whitfield Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 14A2(a) Consider an ordinance adopting the 2007 property tax rate for the City of Round Rock. (Second Reading) Cheryl Delaney, Assistant Finance Director made the staff presentation. The proposed FY 2007-2008 Operating Budget is balanced at the property tax rate of 36.522 cents per $100 of appraised-taxable value. This rate is below the tax rate adopted in 2006 (FY 2006-2007) by $0.00583, and is $0.01500 above the 2007 (FY 2007- 2008) effective tax rate. This tax rate provides adequate funding for the proposed operating budget. It remains a competitive rate when compared to other municipalities. 2007 (FY 2007-2008) Proposed Tax'Rate - $0.36522 2007 (FY 2007-2008) Effective Tax Rate - $0.35022 2006 (FY 2006-2007) Tax Rate - $0.37105 Public hearings regarding the tax rate were held on September 6, 2007 and September 13, • 2007. 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 2007. MOTION: Councilmember Rhode moved that property taxes be increased by the adoption of a tax rate of 36.522 cents and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw. Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14A2(b) Consider ratifying the 2007 property tax rate for the City of Round Rock • Cindy Demers, Finance Director made the staff presentation. State law (HB 3196) requires that after the adoption of a budget that will require raising more revenue from property taxes than in the previous year, a'separate vote of the governing body to ratify the property tax increase reflected in the budget is required. This action will comply with State law. asyi; is` ata;,. 2 51. SEPTEMBER 27, 2007 MOTION: Councilmember Rhode moved to ratify the property tax increase reflected in the budget. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14A3. Consider an ordinance amending the City's Water & Wastewater rates. (Second Reading) Cheryl Delaney, Assistant Finance Director made the staff presentation. Last year the City updated its comprehensive water and wastewater utility rate model with the consulting firm of Black &Veatch. The results of the updated study indicated that the scheduled rate increases should continue to fund operations and anticipated debt issuances associated with the $134 million utility capital improvement program. The proposed rate increases will go into effect January 2008 and will affect both the water and wastewater components of the utility bill and is estimated to increase the average residential bill by approximately 6.2%. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.201 AND 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14A4. Consider an ordinance adopting the 2007-2008 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 2007-2008. 14B1. Consider an ordinance zoning 4.617 acres of land, located east of Red Bud Lane and south of the intersection of Red Bud Lane and Old Settlers Boulevard, to Office (OF). (Dawson Tract) (First Reading) Mayor Pro-tem McGraw disclosed that he is employed by the Dawson's. SEPTEMBER 27, 2007 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 4.617 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS • DISTRICT OF (OFFICE). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas- Councilmember Rhode Councilmember Whitfield 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 adopt the ordinance. Councilmember Honeycutt seconded the motion: VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw' Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14B2. Consider an ordinance zoning 12.45 acres of land, located north and south of CR 122 at its intersection with Red Bud Lane, to Local Commercial (C-2). (Madsen, Jarl, Hampton & Parker Tracts) (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 0: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 12.45 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS • DISTRICT C-2 (LOCAL COMMERCIAL). MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode SEPTEMBER 27, 2007 Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14B3. Consider an ordinance zoning 13.86 acres of land, located north and south of CR 122 iust east of its intersection with Red Bud Lane, to Office (OF). (Madsen Tracts) (First Readin Jim Stendebach, Planning and Community Development Director made the staff presentation for this 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 13.86 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT OF (OFFICE). MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 25:4 SEPTEMBER 27, 2007 1484. Consider an ordinance amending Chapter 9 Round Rock Code of Ordinances (1995 Edition) adding Section 9.1820 to regulate vehicle parking on residential lots (Second Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. This is the second reading of'the ordinance which will address the issue of parking of motorized and non-motorized vehicles on an unimproved surface on a residential • lot. The first reading of the ordinance was approved August 23, 2007. This ordinance applies to residential lots in residential zoning districts (with the exception of multi-family lots). It states that parking in the front yard or side yard of a residential lot shall be on an improved surface. The proposed ordinance addresses the location of parking on a residential lot and not the type of vehicle parked in a residential area (which is covered in other sections of the Code). Language is included that will allow the Police Department to enforce the provisions of the proposed ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND:ROCK, TEXAS, REGULATING VEHICLE PARKING ON RESIDENTIAL LOTS; PROVIDING FOR ENFORCEMENT AND PENALTIES, PROVIDING SEVERABILITY, REPEAL OF FORMER ORDINANCE, AND EFFECTIVE DATE CLAUSE, AND PROVIDING FOR RELATED MATTERS. MOTION: Councilmember Whitfield;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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 14C1. Consider an ordinance establishing a vehicle allowance for the Mayor and City Councilmembers. (First Reading),. Jim'Nuse, City Manager made the staff presentation. Voters authorized compensation for Mayor and Council members in April 1986. The last compensation adjustment for the Mayor and Council occurred 12 years ago. At that time the City was at about 1/3 of its current service population and had an assessed valuation of $1.3 billion versus the current $7.5 billion. The Mayor and Council attend a significant number of meetings both locally and regionally which takes time and also requires travel • expenses. The budget team has included $450.00 per month vehicle allowance in the 2007- 2008 budget for the Mayor and each Councilmember. Mr. Nuse added that salary adjustments for employees are reviewed every two years and the Mayor and Council salaries will be included in that review. The Council discussed staff's recommendation concerning the salary adjustment. 2 5 SEPTEMBER 27,2007 Mayor Pro-tem McGraw recommended a salary adjustment of $250 for the Mayor and Council and that the vehicle allowance is $200. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1006, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING PARAGRAPH (4) TO PROVIDE FOR A VEHICLE ALLOWANCE FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND • RESOLUTIONS. MOTION: Councilmember McGraw moved to amend the ordinance as stated above. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. The second reading of the ordinance will be addressed at the next meeting. 14D1. Consider an ordinance determining the public necessity for the acquisition of certain property interests for the proposed Old Settlers Boulevard (formerly known as Kiphen Road) improvement proiect, and if necessary, authorizing the City Attorney to • initiate eminent domain proceedings to acquire necessar ry property interests from Camco Land, Ltd. (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 for the completion of the proposed Old Settlers Boulevard (formerly known as Kiphen Road) project. The landowner has not accepted the offer of $278,000. The current demand from the landowner is $499,000. There is a difference of opinion in this case regarding damages to the northern remaining property after bisection by the project. 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 FEE SIMPLE INTEREST IN APPROXIMATELY 0.531 ACRE; GIVING NOTICE OF OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY TO CONSTRUCT AND MAINTAIN IMPROVEMENTS FOR THE OLD SETTLERS BOULEVARD (FORMERLY KNOWN AS KIPHEN ROAD) IMPROVEMENT PROJECT, AND ASSOCIATED PUBLIC USE AND PURPOSES; ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE • PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 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 256 SEPTEMBER 27, 2007 Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent;of all the Councilmembers present and adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas: Councilmember Rhode , Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *14E1. Consider an ordinance amending Chapter 3, Section 3.105 Code of Ordinances revising the fees for building permits issued by the City. (Second Reading)This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105; CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING PERMIT FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *14F1. Consider an ordinance designating the intersection of Settlement Drive and Horseman Cove as an all-way stop intersection. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC ,CODE BY DESIGNATING THE INTERSECTION OF SETTLEMENT DRIVE AND HORSEMAN , COVE AS AN ALL-WAY STOP. INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 14F2. Consider an ordinance repealing a 25 MPH School Zone on South Mays Street at Logan Street. (First Reading) Thomas G. Martin, P.E., Transportation Services Director made the staff presentation. Due to lack of pedestrian traffic crossing Logan Street at South Mays Street, and based on information gathered by TxDOT'-and the RRISD, a school zone is no longer warranted for this location. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, ;SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ELIMINATING A PORTION OF SOUTH MAYS • STREET AT LOGAN STREET FROM MILE POINT 12.434 TO MILE POINT 12.586 (802.56') AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw, Councilmember Clifford t°r r i; 2 5;7 SEPTEMBER 27, 2007 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and adopt the • ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 15A1. Consider a resolution authorizing the Mayor to execute a Revised Interlocal Agreement for Automatic Aid Assistance for Fire Department services between the City of Round Rock and the Sam Bass Volunteer Fire Department Inc.-Larry Hodge, Fire Chief made the staff presentation: The current agreement for automatic aid assistance for fire services between the City and the Sam Bass Volunteer Fire Department Inc. expires September 30, • 2007. This agreement outlines both parties' responsibilities for fire service in the Vista Oak's area. 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 Revised Interlocal Agreement with the Sam Bass Volunteer Fire Department Inc. for automatic aid assistance for fire department 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 Revised Interlocal Agreement with the Sam Bass Volunteer Fire Department Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. • 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 Whitfield Mayor Maxwell Nays: None 2 5::8 SEPTEMBER 27, 2007 ACTION: The motion carried unanimously. 15B1. Consider a resolution authorizing the Mayor to execute Change Order No 1 for the Street Maintenance Program Phase 2/In-Place Pavement Recycling - 2006 to Cutler Re-Paving Inc. Thomas G. Martin, P. E., Director of Transportation Services made the staff presentation. This contract encompasses the re-surfacing of Gattis School Rd., High Country Blvd. and Double Creek Blvd. south of Gattis School Rd. This project will include pavement • repairs, concrete re-pairs and resurfacing. Change order No. 1 encompasses the final quantity adjustment required to complete the project at a cost of $238,756.94. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Cutler Repaving, Inc. for the 2006 Street;Maintenance Program Phase 2/In-Place Pavement Recycling, 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 Cutler Repaving, Inc. for the 2006 Street Maintenance Program Phase 2/In-Place Pavement Recycling, 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 55,1, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15B2. Consider a resolution authorizing the Mavor.to execute an Interlocal Contract with the Capital Area Rural Transportation System for public transportation services in Round Rock. • 2 ,5:9 SEPTEMBER 27, 2007 Tom Word, 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 2007 - 2008. 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. The cost for this services will not exceed $300,000. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Contract with the Capital Area Rural Transportation System (CARTS) for provision of public transportation services in Round Rock from October 1, 2007 through September 30, 2008, Now Therefore BE IT RESOLVED BY 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 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2007. MOTION: Councilmember Whitfield 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15C1. Consider a resolution authorizing the Mayor to execute an Engineering Services Contract with HDR, Engineering, Inc. for the RM 1431 - 2.0 MG Elevated Water Storage Tank. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. The 2.0 Million Gallon Elevated Water Storage Tank improvement project will allow the City to maximize our raw water supply from Lake Georg etown/StiIIhouse Hollow, minimize our • power costs by reducing run times of our high pressure, pumps at the Water Treatment Plant, and provides additional elevated storage to the City to meet TCEQ elevated storage requirements for future population projections. In addition, the storage tank will give the City the ability, as required in our agreement with the City of Cedar Park, to provide them with 4.0 million gallons per day (mgd) of potable water by the summer of 2009. This elevated water tank is scheduled to be in service by June 2009. The cost is $324,523.00. 2:-6'0 SEPTEMBER 27, 2007 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the RM 1431 - 2.0 MG Elevated Water Storage Tank Project, and WHEREAS, HDR, Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR, Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR, Engineering, Inc. for the RM 1431 - 2.0 MG • Elevated Water Storage Tank 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 27th day of September, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Council'member Clifford Council'member Salinas- Councilmember Rhode Council'member Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15C2. Consider a resolution authorizing the Mayor to execute an Engineering • Services Contract with Camp, Dresser & McKee, Inc. for a 7.5 MGD High Service Pump at the Water Treatment Plant. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. The 7.5 million gallon per day (mgd) high service pump improvement project at the Water Treatment Plant will allow the City to maximize its raw water supply from Lake Georgetown/Stillhouse Hollow. In addition, the pump improvement will give the City the ability, as required in our agreement with the City of Cedar Park, to provide them with 4.0 million gallons per day of potable water by the summer of 2009. The high service pump improvement is scheduled to be in service by June 2009. The cost is $131,900.00. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 7.5 MGD High Service Pump Improvement at the Water Treatment Plant, and WHEREAS, Camp, Dresser & McKee; Inc. has submitted a Contract for Engineering • Services to provide said services, and WHEREAS, the City Council desires to enter.into said contract with Camp, Dresser & McKee, Inc. , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Camp, Dresser & McKee, Inc. for the 7.5 MGD High Service Pump Improvement at the Water Treatment Plant, 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 i s 9 261 SEPTEMBER 27, 2007 Resolution and the subject matter hereof 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 September, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15C3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for Emergency Water Service between the City of Georgetown and the City of Round Rock. Michael D. Thane, Director of Water and Wastewater Utilities made the staff presentation. The cities of Round Rock and Georgetown desire to enter into this Interlocal Agreement setting forth the terms and conditions pursuant to which emergency water service will be provided by one City to the other City in the event of an emergency. The requesting City shall pay the providing City the volumetric rate for all water delivered through the point-of-delivery meter for the emergency water service. The volumetric rate is the retail commercial Out-of-City water rate per 1,000 gallons charged to the customers of the providing party. The City of Round Rock previously constructed certain water line and metering improvements for the purposes of establishing an emergency interconnect between the potable water supplies of each City. The City of Georgetown reimbursed the City of Round Rock for their portion of the improvements. 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 emergency water service, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the City of Georgetown, 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 September, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt 262 SEPTEMBER 27, 2007 Mayor Pro-tem McGraw, Councilmember Clifford Councilmember Salinas Counciltnember Rhode Councilmember Whitfield Nays: None Mayor Maxwell was out of the room when the vote was taken. ACTION: The motion carried unanimously. 15D1. Consider a resolution nominating candidates for the Williamson Central Appraisal District Board of Directors. David Kautz, Assistant City Manager made the staff presentation. The Williamson Central Appraisal District (WCAD) is responsible for appraising property in the county at its market value for property taxation purposes. The 5-member Board of Directors sets policies for the WCAD and hires the-Chief Appraiser. The Board also approves the WCAD annual budget, which is funded by pro-rated assessments of the taxing entities in the county. In addition, the Board appoints the Appraisal Review Board, a quasi- independent group that hears and rules on property tax protests. Staff recommended that Bob Tagge and Deborah Hunt be nominated for the Board of Directors. Mr. Tagge has served on the Board since 1999 an Ms. Hunt is the County Tax Assessor/Collector and serves on the Board as non-votingmember unless nominated and elected b the taxing Y 9 • jurisdictions. RESOLUTION NO. WHEREAS, Section 6.03(f) of the Property Tax Code provides for the governing body of each taxing unit to nominate individuals for each position to be filled on the Williamson Central Appraisal District Board;of Directors, and WHEREAS, the Council of the City of Round Rock wishes to nominate the following individuals: Robert W. Tagge Deborah Hunt NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of Round Rock hereby nominates the individuals stated above for the Williamson Central Appraisal District Board of Directors. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem • McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Council,member Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 2. 6 3 SEPTEMBER 27, 2007 Nays: None ACTION: The motion carried unanimously. 15D2. Consider a resolution authorizing the Mayor to execute a First Supplemental Agreement to the Water Wastewater Agreement with Williamson County Municipal Utility District No. 9, which eliminates the fee for fire protection services. David Kautz, Assistant City Manager made the staff presentation. The City and Williamson County Municipal Utility • District No. 9 entered into an agreement on January 22, 1987 which allowed the District to receive fire protection services from the City for a term of forty years. An election was held on May 13, 2006 whereby the voters approved the creation of the Williamson County Emergency Services District No. 9 to provide fire protection and emergency services within the defined boundaries of ESD No. 9. This supplemental agreement amends the original agreement in order to relieve residents and businesses of the District from paying twice for the same service. 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 ("District") entered into a Water and Wastewater Agreement ("Agreement"), whereby the District obtained the benefit of fire protection services from the City for a term of forty years; and WHEREAS, in.May of 2006, the voters within a certain area of Williamson County, Texas, including the District, voted to establish the Williamson County Emergency Services District No. 9 ('TESD No.9"); WHEREAS, in May of 2007, the City and ESD No. 9 entered into • an Interlocal Agreement for fire protection and emergency services within the defined boundaries of ESD No. 9; and WHEREAS, the City and the District would like to amend the Agreement in order to relieve residents and businesses of the District from paying twice for the same service; and WHEREAS, the City Council wishes to authorize the Mayor to execute a First Supplemental Agreement to Water and Wastewater Agreement with Williamson County Municipal Utility District No. 9 , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and.directed to execute on behalf of the City a First Supplemental Agreement to Water and Wastewater Agreement, 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 27th day of September, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15D3. Consider a resolution authorizing the Mayor to execute an agreement to terminate fire protection for the Meadows of Chandler Creek Municipal Utility District. David 264 SEPTEMBER 27, 2007 Kautz, Assistant City Manager made the staff presentation. The City and Meadows of Chandler Creek MUD entered into a fire protection agreement on January 23, 1986. An election was held on May 13 2006 whereby the voters approved the creation of the Y � Y Pp Williamson County Emergency Services District No. 9. The City and ESD No. 9 entered into an Interlocal Agreement for fire protection and other emergency services within the defined boundaries of ESD No. 9. This agreement will terminate the current fire protection agreement in order to relieve residents and businesses of the MUD from paying twice for the • same service. RESOLUTION NO. WHEREAS, in January of 1986, the City of Round Rock, Texas ("City") and Meadows at Chandler Creek Municipal Utility District ("District") entered into a Fire Protection Agreement (`Agreement"), whereby the District obtained the benefit of fire protection services from the City for a term spanning the life of the District; and WHEREAS, in May of 2006, the voters within a certain area of Williamson County, Texas, including the District, voted to establish the Williamson County Emergency Services District No. 9 ('TESD No.9"); WHEREAS, in May of 2007, the City'and ESD No. 9 entered into an Interlocal Agreement for fire protection and other emergency services within the defined boundaries of ESD No. 9; and WHEREAS, the City and the District would like to terminate the Agreement in order to relieve residents and businesses of the District from paying twice for the same service; and WHEREAS, the City Council wishes to authorize the Mayor to execute an Agreement to Terminate Fire Protection Agreement with Meadows at Chandler Creek Municipal Utility District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an • Agreement to Terminate Fire Protection Agreement, 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 27th day of September, 2007. 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 Whitfield Mayor Maxwell Nays: None , ACTION: The motion carried unanimously. 15E1. Consider a resolution authorizing the Mavor'to execute Supplemental • Agreement No. 1 to Communications System Agreement with Motorola, Inc. Rick White made the staff presentation. Earlier this year, the Council approved funding for the replacement of city-specific radio equipment in order to facilitate the transition of the Countywide Integrated Communications System's migration to digital radio in the fourth quarter of 2007. This supplemental agreement reduces the total number of XTL 1500 i 265 SEPTEMBER 27, 2007 Control Stations being purchased by eight units. This reduction of -$16,731.15 will allow the City to purchase equipment that ensures redundancy in its radio recording capability. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Communications Systems Agreement with Motorola for radio console, related equipment, and services associated with the,use of such equipment, and WHEREAS, Motorola, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to provide for a mutually-acceptable reduction in number of units purchased, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Motorola, 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 Communications System Agreement with Motorola, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 15E2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to Communications Products Agreement with Motorola, Inc. Rick White made the staff presentation. Earlier this year, The Council approved funding for the replacement of city-specific radio equipment in order to facilitate the transition of the Countywide Integrated Communications System's migration to digital radio in the fourth quarter of 2007. This agreement allows the city to decline the credit offered by Motorola for the city's existing, analog radios, allowing the city to sell that equipment instead. The change increases the cost of the contract to $1,782,119.20. "RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a Communications Products Agreement with Motorola for radios, related equipment, and services associated with the implementation of a digital radio system, and WHEREAS, Motorola, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to provide for a mutually-acceptable agreement for the City to decline a system credit offered by Motorola, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Motorola, 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 Communications Products Agreement with Motorola, '12 :6'6 SEPTEMBER 27, 2007 Inc., a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *15E3. Consider a resolution authorizing the City Manager to issue a purchase order to Southwest Business Solutions for Bid Package 13-- steel storage shelving for the new Police Department headquarters building. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the,City of Round Rock ("City") desires to purchase steel storage • shelving for the new Police Department headquarters building, and WHEREAS, while only one bid was received from Southwest Business Solutions, the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Southwest Business Solutions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Southwest Business Solutions is hereby accepted and the City Manager is hereby authorized and directed;to issue a purchase order to Southwest Business Solutions for Bid Package 13 - steel storage shelving - for the new Police department headquarters building. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which.this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2007. *15E4. Consider a resolution authorizing the City Manager to issue a purchase order to Electra Link, Inc. for Bid Package 1 - audiovisual equipment for the new Police Department headquarters building. This item was approved under the consent agenda. RESOLUTION NO. is WHEREAS, the City of Round Rock,("City") desires to purchase audiovisual equipment for the new Police Department headquarters building, and WHEREAS, Electra Link, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Electra Link, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Electra Link, Inc. is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Electra Link, Inc. for Bid Package 1 - audiovisual equipment - for the new Police Department headquarters building. 267 SEPTEMBER 27, 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 27th day of September, 2007. *15E5. Consider a resolution authorizing the City Manager to issue a purchase order to Furniture for Business for Bid Package 3 - Wood Office, Executive Seating for the new Police Department headquarters building. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase wood office, executive seating for the new Police Department headquarters building, and WHEREAS, Furniture for Business has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Furniture for Business, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Furniture for Business is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Furniture for Business for Bid Package 3 - Wood Office, Executive Seating - for the new Police Department headquarters building. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2007. *15E6. Consider a resolution authorizing the City Manager to issue a purchase order to The Spencer Company for Bid Package 8 - Mobile Marker Board - and Bid Package 10 - Plastic Laminate Tables for the new Police Department headquarters building. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase a mobile marker board and plastic laminate tables for the new Police Department headquarters building, and WHEREAS, The Spencer Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of The Spencer Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of The Spencer Company is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to The Spencer Company for Bid Package 8 - Mobile Marker Board and Bid Package 10 - Plastic Laminate Tables - for the new Police Department headquarters building. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting,at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this • Resolution and the subject matter hereof 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 September, 2007. *15E7. Consider a resolution authorizing the City Manager to issue a purchase order to Rockford Business Interiors for Bid Package 2 - Systems Furniture; Bid Package 6 - 2 & 8 SEPTEMBER 27, 2007 Detainee Seating; and Bid Package 9 - Mobile Computer Station for the new Police Department headquarters building. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase systems furniture, detainee seating and a mobile computer station for the new Police Department headquarters building, and WHEREAS, Rockford Business Interiors has submitted the lowest responsible bid and P , WHEREAS the City Council wishes to accept the bid of Rockford Business Interiors, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Rockford Business Interiors is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Rockford Business Interiors for Bid Package 2 - Systems Furniture; Bid Package 6 - Detainee Seating; and Bid Package 9 - Mobile Computer Station for the new Police Department headquarters building. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at.all times during which this Resolution and the subject matter hereof 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 September, 2007. *15E8. Consider a resolution authorizing the City Manager to issue a purchase order to Austin Business Furniture for Bid Package 4 - Nesting Tables and Chairs; Bid Package 5 - Officer Seating; Bid Package 7 - Junior Seating; Bid Package 11 - Task Seating; and Bid Package 14 - Sled Based Guest Seating for the new Police Department headquarters building. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase nesting tables and chairs; officer seating; junior seating; task'seating; and sled based guest seating for the new Police Department headquarters building, and WHEREAS, Austin Business Furniture has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Business Furniture, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Austin Business Furniture is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Austin Business Furniture for Bid Package 4 - Nesting Tables and Chairs; Bid Package 5 - Officer Seating; Bid Package 7 - Junior Seating; Bid Package 11 - Task Seating; and Bid Package 14 - Sled Based Guest Seating for the new Police Department headquarters building. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2007. *15F1. Consider a resolution authorizing the Mayor to execute a funding agreement • with Faith in Action Caregivers - Round Rock. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock ,has received a request for funds from Faith in Action Caregivers - Round Rock, a non-profit corporation ("Agency"), and 269 SEPTEMBER 27, 2007 WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide personal transportation and other services for elderly persons in Round Rock, 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 Cit a Y Y Y Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. *15F2.Consider a resolution authorizing the Mayor to execute a funding agreement with Habitat for Humanity of Greater Round Rock. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Habitat for Humanity of Williamson County, Texas, 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 27th day of September, 2007. *15F3.Consider a resolution authorizing the Mayor to execute a funding agreement with Hope Alliance. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Williamson County Crisis Center d/b/a Hope Alliance, 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 shelter to women and their children who are the victims of family violence and sexual assault, 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. 270 SEPTEMBER 27, 2007 RESOLVED this 27th day of September, 2007. *15F4.Consider a resolution authorizing the Mayor to execute a funding agreement with Life Steps. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Lifesteps, a • non-profit corporation ("Agency"), and WHEREAS, the City Council hereby,determines that the requested funds will be used for a public purpose, namely to provide youth prevention and intervention of alcohol and substance abuse programs, and to develop outreach, screening and referral programs, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. *15F5. Consider a resolution authorizing the Mayor to execute a funding agreement with Literacy Council of Williamson County. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Literacy Council of Williamson County, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely: to provide the resources and programs necessary for individuals who are seventeen years or older, who are not in school, and who reside in Williamson County, in order to help them 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 27th day of September, 2007. *15F6. Consider a resolution authorizing the Mayor to execute a funding agreement • with the Lone Star Circle of Care. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Lone Star Circle of Care, a non-profit corporation ("Agency"), and 27 -1 SEPTEMBER 27, 2007 WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide primary health care and other medical services for children and adults at the Round Rock clinic locations, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. *15F7. Consider a resolution authorizing the Mayor to execute a funding agreement with Round Rock Area Serving Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services; and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Area Serving Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide for the immediate physical needs of low-income persons, the elderly, the disabled, children, and/or transients, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said • agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. *15F8. Consider a resolution authorizing the Mavor to execute a funding agreement with Round Rock Volunteer Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock 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 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 27th day of September, 2007. 12 21 SEPTEMBER 27,,2007 *15F9. Consider a resolution authorizing the Mayor to execute a funding agreement With Williamson County Children's Advocacy Center. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Williamson County Children's Advocacy Center, a non-profit corporation ("Agency"), and • WHEREAS, the City Council hereby 'determines that the requested funds will be used for a public purpose, namely to provide services to child victims of abuse, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings;Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of September, 2007. 15F10. Consider a resolution authorizing the Mayor to execute a funding agreement with YMCA of Greater Williamson County. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social • service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from YMCA of Greater Williamson County, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby idetermines 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 27th day of September, 2007. APPOINTMENTS: 16A. Consider one appointment to'the16A. Consider one appointment Regional Animal Control Shelter Board ofAnimal Control Shelter Board of • Directors. Jim Nuse, city Manager made the staff presentation. 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. The agreement states that, "the governing body of each entity shall appoint a representative to the Board of Directors to conduct business and affairs of the Regional Shelter." Staff recommended that 2 T3 SEPTEMBER 27, 2007 David Kautz, Assistant City Manager be appointed to the Board of Directors as Round Rock's representative. It is anticipated that this appointment is on an interim basis as the shelter proceeds through its improvement plan. MOTION: Councilmember Whitfield moved to appoint David Kautz to the Regional Animal Control Shelter Board of Directors. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. COUNCIL COMMENTS: None EXECUTIVE SESSION: 18A1. Executive Session as authorized by 5551.072 Government Code, related to the purchase of approximately 12,207 SF of land, being all of Lots Seventeen (17), Eighteen (18), and Nineteen (19), Block Ten (10) also known as 231 East Main Street. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 9:13 p.m. and adjourned at 9:27 p.m. ACTIONS RELATIVE TO EXECUTIVE SESSION: • 19A1. Consider discussion and/or action related to thep ro osed urchase of p p approximately 12,207 SF of land, being all of Lots Seventeen (17), Eighteen (18), and Nineteen (19), Block Ten (10) also known as 231 East Main Street. This item was withdrawn from the agenda with no action being taken by the Council. EXECUTIVE SESSION AND ACTION RELATIVE TO EXECUTIVE SESSION: 20A. Consider Executive Sessions and actions relative to the Executive Sessions not addressed earlier in the meeting. This item was not addressed ADJOURNMENT: There being no further business, the meeting adjourned at 9:28 p.m. spectfully Submitted, Christine R. Martinez, City Secretary • 274 OCTOBER 11, 2007 The Round Rock City Council met in Work Session and Regular Session on Thursday, October 11, 2007 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 who arrived during the Executive Session, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz, and City Attorney Steve Sheets. WORK SESSION: 3A1. Consider Executive Session as authorized by 8551.071 Government Code, related to contemplated litigation, regarding the rate increase request by Atmos Energy Corporation. The Council recessed to the Executive Chamber for the Executive Session. Mayor Maxwell called the Executive Session to order at 6:3,5 p.m. and adjourned at 7:00 p.m. 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 following Pledges of Allegiance. 5A. United States Flag • 5B. Texas State Flag CITIZENS COMMUNICATIONS: Dr. Arlen Zander, 31 Meadow Run, introduced James K. Morgan, MD, MPH, the new Executive Director Williamson County City and Counties Health District. Susan Putman, President Round Rock Community Choir re: thanks for funding. The following individuals expressed their concern regarding the Creek Bend extension to Wyoming Springs. Marguerite Wagner, 8002 Sunburst Parkway, Stone Canyon Jeff Lorge, 1907 Plantation Drive, Round Rock Joan Brown, 16800 Willow Oak Lane, Stone Canyon Monica Sanchez, 2518 Field Lark, Round Rock Richard Horton, 18204 Whitewater Cove, Stone Canyon Steve Provinsal, 7106 Black Rock Bend, Stone Canyon Barbara Walker, 18225 Whitewater ,Cove, Stone Canyon Patrick Savarese, P.O. Box 1352, Round Rock • Ken Walker, 18208 Whitewater Cove, Stone Canyon Steve Anderson, 816 Hidden Glen Drive, Round Rock, declined to speak. The following individuals expressed their support of the Creek Bend extension to Wyoming Springs. David Pavliska, 3015 Cedar Elm Lane, Round Rock Jim Boles, 2201 Hairy Man Road, Round Rock John Latchford, 1904 Blackjack Cove, Round Rock Landy Warren, 1716 West End Place, Round Rock 275 OCTOBER 11, 2007 Randy Kubich, 1909 Plantation Cove, Round Rock spoke on the transportation system for Round Rock. Nancy Yawn, Convention and Visitors Bureau Director introduced Rick Stevens, President of Round Rock Youth Baseball who thanked the Council and Round Rock for hosting the National Super Series Baseball events held at Old Settlers Park. Ms. Yawn reported that the tournaments had an economic impact of over $4 million. Mr. Stevens presented plaques of appreciation to the City of Round Rock, Maggie Stoecklein, Parks Supervisor, Rick Atkins, Director of Parks and Recreation, and to Nancy Yawn. Susan E. Putnam, 1108 Ravens Cove, Cedar Park representing the Round Rock Community Choir thanked the Council for approving their funding request. PROCLAMATIONS: 7A. Consider proclaiming October 15 -19, 2007 as "Drug Free Work Week." Mayor Maxwell read the following proclamation and presented it to Kevin Candy and Karin Holland of the Human Resources Department. WHEREAS, the City of Round Rock is committed to the health, safety, and security of its employees, citizens, and customers; and WHEREAS, the City of Round Rock has zero tolerance for drugs and alcohol in the workplace as specified in the Fitness for Duty policy found in the Human Resources Policies and Procedures Manual; and WHEREAS, substance use and abuse is a concern for all employers, especially given that of the 17.2 million current drug users age 18 and older in the United States, 12.9 • million (74.8%) of those people are employed; and WHEREAS, 8.2% of those employed full-time are current illicit drug users, and 8.4% reported heavy alcohol use; and WHEREAS, alcoholism alone is estimated to cause 500 million lost workdays annually; and WHEREAS, the U.S. Department of Labor (DOL) has designated October 14-20, 2007 as National Drug-Free Work Week: Now, THEREFORE I, NYLE MAXWELL, Mayor of the City of Round Rock, do hereby proclaim October 15 - 19, 2007 as Drug-Free Work Week in the City of Round Rock, and encourage all employees to participate in the education and awareness programs scheduled throughout that week. While October 15-19 is the City's dedicated time to place special emphasis on the importance of working drug-free in a safe and healthy workplace, every week is Drug-Free Work Week. PROCLAIMED this 11th day of October, 2007. 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. • *9A. Consider approval of the City Council minutes for September 27,2007. *13A1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. *13D3. Consider a resolution authorizing the Mavor to execute an Economic Development Program Administration and Funding Agreement with the Round Rock Chamber of Commerce. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Mayor Pro-tem McGraw seconded the motion. 276 OCTOBER 11, 2007 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: • *9A Consider approval of the City Council minutes for September 27, 2007. This item was approved under the consent agenda. PRESENTATIONS: 10A1 Consider a presentation acknowledging the 2007 graduates of the City's Executive Development Program. Tom Word, Director of Public Works Operations made the staff presentation. The Executive Development Program promotes leadership and excellence by exposing promising professionals to executive-level responsibilities and overall City operations. The 2007 Executive Development Program Graduates are: Cory Styron - Parks & Recreation Daniel Saucedo - Information Technology David Bartels - Public Works Administration Randy Barker - Purchasing Sarah Samson - Library Troy Evans - Police Mayor Maxwell presented each of the graduates a Certificate of Completion. • 10B1 Consider a presentation concerning the status of the Southwest Downtown Project. Tom Word, Chief of Public Works Operation made the staff presentation. The presentation provided the Council with an update on the Southwest Downtown Project, including status of design plans and utility-related activities. This Project, which was part of the 2001 General Obligation Bond Issue, is:for the reconstruction of Florence Street, McNeil Road to Brown Street, Brown Street, Florence Street to Round Rock Avenue, Bagdad Avenue, Brown Street to Harris Street, Harris Street, and Bagdad Avenue to Main Street. The project will provide for corner"bump outs" at intersections, a new drainage system, on- street parking, pavement reconstruction and utility improvements including the placement of AT&T, ONCOR (TXU), Time Warner Cable and Time Warner Telecommunications in a joint underground duct system. PUBLIC HEARINGS: • 11A1. Consider public testimony concerning the continued taxation of Goods-in- Transit. David Kautz, Assistant City Manager made the staff.presentation. The 80th Texas Legislature enacted HB 621 which exempts from taxation certain tangible personal property held temporarily at a location in the state for the assembling, storing, manufacturing, processing or fabricating purposes (good-in-transit). This type property has been subject to taxation in the past. The law allows municipalities to continue to tax this property after holding one public hearing and adopting an ordinance taxing such goods-in-transit by the r E" 277 OCTOBER 11, 2007 end of the calendar year. HB 621 is to take effect on January 1, 2008, which added Tex. Tax Code 11.253 to exempt from taxation certain personal property held temporarily at the public hearing is required to continue to tax such oods-in- location in the state of Texas. A p g q g transit. Mayor Maxwell opened the public hearing. Joe Vining, Vice-President of Economic Development Partnership with the Round Rock Chamber of Commerce spoke in favor of staff's recommendation. There being no additional testimony, the public hearing was closed. 11B1 Consider a public testimony regarding the need to readopt the Youth Curfew Ordinance. Bryan Williams, Chief of Police made the staff presentation. State law requires a review of the ordinance's usefulness and re-authorization of the Youth Curfew every three years. The existing ordinance has provided for a nighttime curfew since 1994 and, in 2001, a daytime curfew was added to the ordinance covering the period, 9:00 a.m. to 2:30 p.m. on school days. In 2004, City Council reauthorized this ordinance. As in 2004, the Police Department completed its review of the ordinance during the 200472007 time period and recommended its reauthorization. Chief Williamson added that there have been no changes since the curfew was last adopted. • Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. Mayor Maxwell dispensed with the order to the agenda with the unanimous consent of all the Councilmembers present and addressed the following items. RESOLUTONS: 13E1. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Sam Bass Community Theatre. Nancy Yawn, Director of Convention and Visitor's Bureau made the staff presentation. This resolution will fund the Sam Bass Community Theatre in the amount of$5,000 as recommended by the Tourism Commission on April 26, 2007. 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 Focal agencies to help fund • community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Sam Bass Theatre Association ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that 278 OCTOBER 11, 2007 such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2007 MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw CouncMnember Clifford. Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13E2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Varsity Sports Marketing Group. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. This resolution will fund the 2008 Round Rock Football Classic in the amount of $10,000 as recommended by the Tourism Commission on April 26, 2007. The Commission found that the event met both prongs of the statutory test by (a) directly enhancing and promoting tourism and the convention and hotel industry in Round Rock, and (b) being spent on a statutorily-allowable purpose. • 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 Varsity Sports Marketing Group ("Agency") for the 2008 Round Rock Football Classic, 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. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2007 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councii'member Honeycutt Mayor Pro-tem McGraw- Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 279 OCTOBER 11, 2007 Nays: None ACTION: The motion carried unanimously. 13E3. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with EI Amistad Club of Round Rock. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. This resolution will fund the EI Amistad Club of Round Rock $1,500 as recommended by the Tourism • Commission on April 26, 2007. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the EI Amistad Club of Round Rock ("Agency") for Fiesta Amistad, and WHEREAS, the City Council hereby determines that the requested funds will be used for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates to the area, and for the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2007 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13E4. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Round Rock Community Choir. Nancy Yawn, • Director of Convention and Visitors Bureau made the staff presentation. This resolution will fund the Round Rock Community Choir $8,000 as recommended by the Tourism Commission on April 26, 2007. 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 2. 8 G OCTOBER 11, 2007 WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Round Rock Community Choir ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Event Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Event Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings.Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Council'member Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ORDINANCES: 12A1. Consider an ordinance denying the rate increase proposed by the Atmos • Energy Corporation. (First Reading) David Kautz, Assistant City Manager made the staff presentation. Atmos Energy filed a general rate case with the City that approximates a monthly increase, in cost by $1.57 for a residential customer using 6 Mcf (1000 cubic feet) and $9.21 for a commercial customer using 30 Mcf. Atmos has had five rate increase requests in the last three years and completed it last general rate case on August 14, 2007 at the Railroad Commission. The City has original jurisdiction in this matter and may accept the increase, deny it or suspend it for further study. If the City accepts the rate or takes no action, rates will go into effecton October 25, 2007. If the increase is denied, it will be appealed to the Railroad Commission for hearing. Staff recommended denying this rate increase and intends to contest elements of the increase if appealed to the Railroad Commission. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, DENYING THE RATE INCREASE PROPOSED BY THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES (A%ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Rhode seconded the motion. Irl_ 281 OCTOBER 11, 2007 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12A2. Consider an ordinance increasing the compensation and establishing a vehicle allowance for the Mayor and City Councilmembers. (Second Reading) Jim Nuse, City Manager made the staff presentation.This is the second reading of this ordinance. At the September 27, 2007 meeting, the Council approved the first reading of the amended ordinance. The amendment increased the Mayor and Council's • compensation b 250.00 and added a 200.00 vehicle allowance per month. The last P Y $ $ compensation adjustment for the Mayor and Council occurred 12 years ago. The Mayor and Council attend a significant number of meetings both locally and regionally which takes time and also requires travel expenses. The Budget Team included in the 2007-2008 Budget an additional $450.00 for the Mayor and each Councilmember. Staff recommended a salary adjustment for the Mayor and Councilmember's in addition to a vehicle allowance. The total salary adjustment for the Mayor and each Councilmember is $450. The Council discussed the ordinance and proposed increase in their salary. The discussion evolved around the pros and cons regarding the increase in salary. The Council also discussed reviewing the salaries every two to threes years to determine if an adjustment was necessary. 'ORDINANCE NO. • AN ORDINANCE,AMENDING CHAPTER 1, SECTION 1.1006, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING PARAGRAPH (4) TO PROVIDE FOR A VEHICLE ALLOWANCE FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Clifford moved to amend the ordinance by approving the $200 vehicle allowance and to forgo the $250 increase in compensation. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Clifford Councilmember Salinas 282 OCTOBER 11, 2007 Councilmember Whitfield Nays: Councilmember Honeycutt Mayor Pro-tem McGraw Councii'member Rhode Mayor Maxwell ACTION: The motion failed with 3 ayes and 4 nays. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance as presented by staff. Councilmember Rhode seconded the motion. VOTE: Ayes: Councii'member Honeycutt • Mayor Pro-tem McGraw Councilmember Rhode Mayor Maxwell Nays: Councii;member Clifford Councilmember Salinas Councillmember Whitfield ACTION: The motion carried with 4. s.ayes and 3 nays. Y 12B1. Consider an ordinance providing for the continued taxation of Goods-in- Transit. (First Reading) (Requires Two Readings) David Kautz, Assistant City Manager made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, 'SECTION 1.700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,; BY ADDING SUBSECTION 1.703 TO TAX GOODS IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253; 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 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 12C1. Consider an ordinance readopting Section 1.2700, (Code of Ordinances) regarding the Youth Curfew. (First Reading) (Requires Two Readings), Bryan Williams, Chief of Police made the staff presentation:for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE TO READOPT AND CONTINUE CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND' ROCK, REGARDING A JUVENILE CURFEW IN • CONFORMITY WITH SECTION 370.002 .OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro -tem McGraw. Councilmember Clifford Councilmember Salinas Councilmember Rhode OCTOBER� 111 2007 283 Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *13A1. 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) • 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 11th day of October, 2007. 13B1. Consider a resolution authorizing the closing of a portion of Harrell Parkway and Aten Loop and T.C. Oates Lane for the 20th Annual Outlaw Trail 100 Bicycle Tour. Rick Atkins, Parks and Recreation Director made the staff presentation. The Parks and Recreation Department submitted a Special Events Permit Application for the Annual Outlaw Trail 100 Bicycle Tour that will be held on October 20, 2007. The application includes a • request for the closing of streets in Old Settlers Park for the event. This is the 20th year that the City has been sponsoring the Outlaw Trail 100 Bicycle Tour. This event draws many individuals to Round Rock from throughout the state and even out of state. Last year, this event drew approximately 900 + participants. RESOLUTION NO. WHEREAS, the Parks and Recreation Department of the City of Round Rock has requested that the following streets be closed on October 20, 2007 for the 20th Annual Outlaw Trail 100 Bicycle Tour: 1) Harrell Parkway from Whitlow Way to Aten Loop from 7:30 a.m. to 12:00 noon; 2) Aten Loop from Harrell Parkway to T.C. Oates Lane from 7:30 a.m. -.2 -84 OCTOBER 11, 2007 to 8:30 a.m.; and 3) T.C. Oates Lane from Aten Loop to Red Bud Lane from 7:30 a.m. to 8:30 a.m., and WHEREAS, the Council wishes to grant such request, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a portion of Harrell Parkway and Aten Loop be closed as set forth above. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings'Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 11th day of October, 2007 MOTION: Councilmember Whitfield 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13C1 Consider a resolution authorizing the Mayor to execute Change Order No. 13 with RGM Constructors, L.P. for the A.W. Grimes Phase II Project. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. This change order is to adjust final contract quantities to reflect actual quantities used in the A.W. Grimes Boulevard, Phase II Project. It also provides for additional electrical work to provide power to light poles on the M.E. Johnson property, and to provide-for additional barricade, and signage rental for safe traffic handling. The amount of the adjustment is ($240,517.68). This project was substantially completed on June 13, 2007. Steve Sheets explained the difference between a change order and a quantity adjustment. 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. 13, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF.ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 13 to the Contract with 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 11th day of October, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt 285 OCTOBER 11, 2007 Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13C2. Consider a resolution authorizing the Mayor to execute a Reimbursement • Agreement with ATMOS Energy Corporation for the relocation of gas line along IH 35 west of Hesters Crossing Bridae. Thomas G. Martin, P.E., Director of Transportation Services made the staff presentation. The relocation of the gas line is required to proceed with IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement project. Funding for these improvements is included in the Transportation Capital Improvement Program, which is funded by the 1/2 cent sales tax established for the purpose of transportation system improvements that support economic development. The agreement is for $255,471.00. 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 IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement 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 11th day of October, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. . 13D1. Consider a resolution adopting an Economic Development program for Accretech USA, Inc. David Kautz, Assistant City Manager made the staff presentation. Accretech is a precision measurement systems and semiconductor equipment manufacturer located in 44,000 sq. feet of manufacturing facility at 3500 Wadley Place in Round Rock. The Chamber Economic Development Office and the City have been developing an economic development incentive program for the company in exchange for locating here. The program proposes to rebate a portion of City property taxes paid over a 5-year period on new taxable value added by the company. 286 OCTOBER 11, 2007 RESOLUTION NO. WHEREAS, Accretech USA, Inc. (`Accretech") is a leading manufacturer of precision measuring and semiconductor manufacturing equipment,-and WHEREAS, Accretech has expressed to the City of Round Rock ("City") its desire to locate an Accretech Product Development and Manufacturing Center in the City which will provide hundreds of new jobs, and WHEREAS, §380.001 Local Government Code provides that a municipality may establish a program ("Program") to promote local economic development and to stimulate business and commercial activity in the municipality, and WHEREAS, the City Council has determined that the Program described in Exhibit"A" • will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to offer to Accretech a §380.001 Program in exchange for Accretech locating an Accretech center in the City of Round Rock, and BE IT FURTHER RESOLVED That the offer of the Program shall be as generally outlined in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13D2. Consider a resolution authorizing the Mayor to execute an Economic Development Program Agreement with Accretech USA, Inc., David Kautz, Assistant City Manager made the staff presentation for this item together with item 13D2. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has established an Economic Development Program to encourage Accretech USA, Inc. ("Accretech") to locate a product development and manufacturing center in the City, and WHEREAS, to further promote economic development, the City wishes to enter into an Economic Development Program Agreement ("Agreement") with Accretech regarding Accretech's development of a center in the'City of Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized ,and directed to' execute on behalf of the City, an Economic Development Program Agreement with Accretech, 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 October,, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw 2 .8 .7 OCTOBER 11, 2007 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *13D3. Consider a resolution authorizing the Mayor to execute an Economic Development Program Administration and Funding Agreement with the Round Rock Chamber of Commerce. This item was approved under the consent agenda. 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 11th day of October, 2007. 13D4. Consider a resolution authorizing the Mayor to execute a professional consulting services agreement with Group Solutions RJW, for the regional water project. Will Hampton, Communication Director made the staff presentation. The Regional Water Project partners required outside assistance in the management, planning and execution of a citizen participation program to ensure the project is completed within needed time constraints. This agreement outlines the objectives and techniques that will be followed for this plan. The Brushy Creek Regional Utility Authority (BCRUA) along with Group Solutions RJW will be responsible for the execution of a citizen participation plan. This is a nine- month contract that will not exceed $150,000. The cost of this agreement will be shared between the cities of Round Rock, Cedar Park and Leander as follows: Round Rock - 35.56% Cedar Park - 14.18% Leander - 47.26% RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain public affairs consulting services in relation to The Brushy Creek Regional Utility Authority (BCRUA), and WHEREAS, Group Solutions RJW has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Group Solutions RJW, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, H8 OCTOBER 11, 2007 That the Mayor is hereby authorized',and directed to execute on behalf of the City an Agreement for Consulting Services with Group Solutions RJW, 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 October, 2007. 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13D5 Consider a resolution authorizing the Mayor to execute an Amendment to Toppan Photomasks Inc. Tax Abatement Agreement. David Kautz, Assistant City Manager made the staff presentation. The City and Toppan Photomask are parties to a Tax Abatement Agreement. The agreement abates a portion of the City property taxes on a lithography tool placed in service in 2005. Toppan failed to submit an application to the Williamson Central Appraisal District for abatement in the 2006 tax year (the first year of a • 3 year abatement schedule), thereby losing the 2006 abatement. Toppan has requested so that the 3-year abatement period begins that the abatement agreement be amended y p g with the 2007 tax year. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Property Tax Abatement Agreement ("Agreement") with Toppan Photomasks, Inc. ("Toppan"), regarding property located in Reinvestment Zone No. 19A, and WHEREAS, the City Council now wishes to enter into an amendment to the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to'execute on behalf of the City, Y Y Y Amendment No. One to Property Tax Abatement Agreement with Toppan, a copy being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Council'member Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None 289 OCTOBER 11, 2007 ACTION: The motion carried unanimously. 13D6. Consider a resolution nominating candidates for the Travis Central Appraisal District Board of Directors. David Kautz, Assistant City Manager made the staff presentation. The Central Appraisal Board of Directors is instrumental in developing and maintaining an appraisal district that is well managed and fair to both individual taxpayers and the entities that depend upon property tax revenue to fund local government operations. Staff recommended that June Joan Kunkel be nominated to the Travis Central Appraisal District Board of Directors. RESOLUTION NO. WHEREAS, Section 6.03(f) of the Property Tax Code provides for the governing body of each taxing unit to nominate individuals for each position to be filled on the Travis Central Appraisal District Board of Directors, and WHEREAS, the Council of the City of Round Rock wishes to nominate the following individual: June Joan Kunkel NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council of Round Rock hereby nominates the individual stated above for the Travis Central Appraisal District Board of Directors. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as,required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 11th day of October, 2007 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 Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 13E1. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Sam Bass Community Theatre. This item was addressed earlier in the meeting. 13E2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Varsity Sports Marketing Groul2. This item was • addressed earlier in the meeting. 13E3. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with EI Amistad Club of Round Rock. This item was addressed earlier in the meeting. 13E4. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Round Rock Community Choir. This item was addressed earlier in the meeting. 2 '9 9 OCTOBER 11, 2007 14A1. Consider discussion and action on the proposals to amend the Round Rock Home Rule Charter. Steve Sheets, City Attorney made the staff presentation. The 2007 Charter Review Commission met from March 15, 2007 to ;June 7, 2007. On July 26, 2007, the Commission presented its report to the City Council which included two propositions for amendments to the Home Rule Charter. Those propositions are summarized as follows: 1) To amend Sec. 3.08 (c) and ;to add a new Sec. 3.17 to provide for assistant(s) • to the Mayor and Council appointed by the City Manager and to be directed and supervised by the City Manager, Mayor and Council; 2) To amend Sec. 3.13, Sec. 7.06, Sec. 8.03, Sec. 8.10, Sec.14.02 and Sec. 14.12 to replace the official newspaper with the official website for the publishing of certain items. In addition, if a Councilmember has a proposal .for a change to the Charter, the proposal can be acted upon with the understanding that the City Attorney would bring back the specific language for Council's final approval. The Council discussed the first recommendation from the Charter Review Commission. MOTION: Mayor Pro-tem McGraw moved to approve the recommendation to amend Section 3.08 (c) and to add a new Section 3.17 to provide for assistant(s) to the Mayor and Council appointed by the City Manager and to be directed and supervised by the City Manager, Mayor and Council. Councilmember Rhode seconded the motion. VOTE: Ayes: Council'member Honeycutt • Y Y Mayor Pro-tem McGraw, Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ' ACTION: The motion carried unanimously. Will Hampton, Communications Director provided input regarding the second recommendation from the Charter Review Commission concerning the official newspaper. Steve Sheets provided additional information by outlining each section of the Charter that addressed the official newspaper designation. He added that most public hearings will still need to be published. The Council discussed the second recommendation from the Charter Review Commission. MOTION: Mayor Maxwell called for,a motion concerning the recommendation to • amend Section 3.13, Sec. 7.06, Section 8.03, Section 8.10, Section 14.02 and Section 14.12 to replace the official newspaper with the official website for the publishing of certain items. ACTION: The second recommendation from the Charter Review Commission failed due to the lack of a motion. 291 OCTOBER 11, 2007 The Council continued the discussion concerning the provisions in the Charter regarding the official newspaper. MOTION: Councilmember Rhode moved that the City Attorney provide proposed language to remove the language in the Charter dealing with the specific medium in which notices are posted and communicated as set by ordinance. Councilmember Honeycutt • seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell called for additional proposed amendments to the City Charter. MOTION: Councilmember Honeycutt moved that the City Attorney provide proposed language that would modify and change Section 14.12 (a) (4) which requires the Charter Review Commission to prepare a report that is approved and signed by all the Commissioners that provides the current Charter wording; proposed new wording; reasons for recommending the change(s); arguments they had for making the change(s), arguments that were made against the change(s) so the Council would have a complete • picture of the deliberations to make an informed decision on whether to adopt or not adopt the recommended change(s). Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Mayor Maxwell called for additional proposed amendments to the City Charter. There being none this item was closed. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:36 p.m. • Respectfully Submitted avj�� R- Christine R. Martinez, City Secretary 292 293 PAGES 292 - 300 WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 56 2: 94 295. 296 297. 298 299 300