Loading...
MINUTE BOOK 57 2008-2009 1 City of Round Rock,Texas Regular City Council Meeting October 9, 2008 The Round Rock City Council met in Regular Session on Thursday, October 9, 2008, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER-7:00 P.M. • Mayor McGraw called the session to order at 7:02 p.m. ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse,Assistant Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: There were no citizens wishing to speak at this City Council meeting. • PRESENTATIONS: 5A. Consider a presentation by the City Manager recognizing the Round Rock employees who aided our Texas neighbors in recovering from the aftermath of Hurricane Ike. Chief Williams made opening remarks and then Assistant Chief Ryle presented some details and pictures from hurricane aftermath. City Manager, Jim Nuse,.then presented Public Works and Police Department staff with plaques in recognition who aided the citizen of Port Arthur and Galveston. The following people received certificate of recognition: Assistant Police Chief Tim Ryle Lieutenant Ken Evans Lieutenant Ben Hall Captain Troy Evans Sergeant Melissa Grubs • Sergeant Jesse Eckard Officer Craig Cargill Officer Rey Rodriguez Officer JR Morales Officer Tate Hunter Officer Tim Travis Officer Mike Kincaid Officer Ray Briones Officer Aaron Mitchell 2 City of Round Rock Regular City Council Meeting October 9, 2008 Page 2 of 17 Officer Jon Miner Officer Norman Ainsworth Officer Martin Flores Officer Tim Hau Officer Jeff Gogolewski • Officer Donald D'Amour Officer Jack Johnson Officer Joseph Claypool Officer Shannon Saffel Officer Gary Wise Officer Jerry Hallford Officer Jack Johnson Dispatcher Jackie Ryle Dispatcher Deborah Thach Roy Saldana, Drainage Supervisor Abel Saldivar, Equipment Operator II Santos Vela, Equipment Operator III Lonnie Syma, Streets Supervisor Raymond Herrera, Signs and Markings Supervisor APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes;for the September 25, 2008 Work Session and Regular Session. MOTION: Councilmember Honeycutt moved to approve the minutes. Councilmember • Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. ORDINANCES: 7A1. Consider an ordinance amending sections 2.02 Salary Administration, 5.01 Professional Work Environment, 5.12 Uniforms and General Dress Guidelines and 8.07 Travel of the Human Resources Policy and Procedures Manual. First 'Reading) Teresa Bledsoe Director • of Human Resources, made the staff presentation. AN ORDINANCE AMENDING SECTIONS 2.02 SALARY ADMINISTRATION, 5.01 PROFESSIONAL WORK ENVIRONMENT, 5.12 UNIFORMS AND GENERAL DRESS GUIDELINES, AND 8.07 TRAVEL, OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. City of Round Rock Regular City Council Meeting October 9, 2008 Page 3 of 17 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw 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 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 7131. Consider an ordinance amending Chapter 9, Section 9.2304 amending the affirmative defenses for violations of the Motor Vehicle Idling regulations. (First Reading) John Dean,Transportation Services Project Manager, made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2304, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING THE AFFIRMATIVE DEFENSES TO MOTOR VEHICLE IDLING; AND ADDING ADDITIONAL EXCEPTIONS TO THE RULE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 4 City of Round Rock Regular City Council Meeting October 9, 2008 Page 4 of 17 MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembersresent and to adopt the P p ordinance. Mayor Pro-Tem Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas , Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None , ACTION: The motion carried unanimously. 7C1. Consider an ordinance adopting Amendment No. 1 to the FY 2007-2008 Operating Budget. (Second Reading) Cheryl Delaney, Assistant Finance Director made the staff presentation. AN ORDINANCE ADOPTING AMENDMENT NO. 1 TO THE OPERATING 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 Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 7C2. Consider an ordinance adopting the Library Fund Budget for FY 2008-2009. (First Reading)(Repuires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. AN ORDINANCE ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2008-2009 FISCAL • YEAR. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas City of Round Rock Regular City Council Meeting October 9, 2008 Page 5 of 17 Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None • ACTION: The motion carried unanimously. 7C3. Consider an ordinance adopting the Municipal Court Fund Budget for FY 2008- 2009. (First Reading)(Requires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. AN ORDINANCE ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2008-2009 FISCAL YEAR. MOTION: Mayor Pro-tem Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 8A1. Consider a resolution expressing official intent to reimburse cost of acquiring certain vehicles and equipment. Cheryl Delaney, Assistant Finance Director made the staff presentation. 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. 6 City of Round Rock Regular City Council Meeting October 9, 2008 Page 6 of 17 IL ' 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 Cit Council hereby finds and declares that written notice of the date hour, lace Y Y , p and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8131. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with C.C. Carlton Ltd. for Ray Berglund Subdivision Improvements. Danny Halden, City Engineer, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with C.C. Carlton Industries Ltd. for the Ray Berglund Subdivision Improvements Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Contract Change Order No. 2 to the Contract with C.C. Carlton Industries Ltd. for the Ray Berglund Subdivision 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 City of Round Rock Regular City Council Meeting October 9, 2008 Page 7 of 17 by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of October, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro=Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C1. Consider a resolution authorizing the denial of the Oncor Electric Delivery Company rate increase. David Kautz, Assistant City Manager made the staff presentation. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS ("CITY") DENYING THE RATE INCREASE PROPOSED BY ONCOR ELECTRIC DELIVERY COMPANY, LLC ("ONCOR"); FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT. WHEREAS, Oncor filed an application with the City Secretary on June 27, 2008 for an increase in rates of$275 million; and WHEREAS, the City has suspended the effective date until October 30, 2008; and WHEREAS, the City has joined with a coalition of cities known as the Alliance of TXU/Oncor Customers ("ATOC"); and WHEREAS, the application to increase rates by Oncor ("Statement of Intent") has a been filed at the Public Utility Commission of Texas ("PUC"); and WHEREAS, the date for filing ATOC's testimony has been set by the PUC for November 26, 2008; and WHEREAS,the experts hired by ATOC have not finished their review of the thousands of pages of responses to discovery; and WHEREAS, it is necessary for the City to act before October 31, 2008 on Oncor's rate request; and WHEREAS, the experts hired by ATOC have preliminarily concluded that the size of the rate increase is not justified; and WHEREAS, based upon the preliminary review of the City's and ATOC's experts the requested rate increase should be denied; Now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS THAT: Section 1. The findings set out in the preamble to this resolution are in all things approved and adopted. Section 2. The City hereby denies Oncor's request to increase rates and in support thereof finds that: a) The Statement of Intent fails to provide sufficient information to justify the requested increase in rates or to justify the changes set forth in the attached tariffs; b) As a preliminary matter, the requested increases for depreciation, storm reserve, and pensions appears excessive. 8 City of Round Rock Regular City Council Meeting October 9, 2008 Page 8 of 17 Section 3. The City Secretary shall notify Oncor by sending copy of this resolution to Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22-070, Dallas, Texas 75201-3411 and ATOC shall be notified by sending a copy to Jim Boyle, Herrera & Boyle, PLLC, Suite 1250, 816 Congress Avenue,Austin,Texas 78701. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2008. MOTION: Councilmember.Whitfield moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode. Councilmember Whitfield Mayor Pro-Tem Clifford . Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8D1. Consider a resolution authorizing the Mayor to execute an Interlocal Contract with the Capital Area Rural Transportation System (CARTS). .Tom Word, Chief of Public Works made the staff presentation. 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, 2008 through September 30, 2009, Now Therefore BE IT RESOLVED BY 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 9th day of October, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt - 9 City of Round Rock Regular City Council Meeting October 9, 2008 Page 9 of 17 Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8D2. Consider a resolution authorizing the Mayor to execute a construction.contract with Viking Construction, Inc. for the 2008 Street Maintenance Program (Micro-Surfacing). Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2008 Street Maintenance Program (Micro-Surfacing) Project, and WHEREAS, Viking Construction Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Viking Construction Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Viking Construction Inc. for the 2008 Street Maintenance Program (Micro- Surfacing) 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 October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 8D3. Consider a resolution authorizing the Ma or to execute a Contract for Engineering Services with Rodriguez Transportation Group, Inc. for Chisholm Trail Road Reconstruction/Parkway Extension project. Tom Martin,Transportation Services Director made the staff presentation. i 10 City of Round Rock Regular City Council Meeting October 9, 2008 Page 10 of 17 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Chisholm Trail Road Reconstruction/Parkway Extension Project, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted a Contract for Engineering • Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Rodriguez Transportation Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Rodriguez Transportation Group, Inc. for the Chisholm Trail Road Reconstruction/Parkway Extension Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of October, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E1. Consider a resolution authorizing the Mayor to execute an agreement with Arsenal Brand for marketing services. Nancy Yawn made the staff presentation along with two representatives from Arsenal Brand. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for the Convention and Visitors Bureau Marketing and Public Relations Program, and WHEREAS, Arsenal Brand, Inc. has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Arsenal Brand, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services with Arsenal Brand, 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 4 . _ City of Round Rock Regular City Council Meeting October 9, 2008 Page 11 of 17 the subject matter hereof 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 October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E2. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Round Rock EI Amistad Club. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. 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 Round Rock EI Amistad Club ("Agency"), 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 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 9th day of October, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. i 12 City of Round Rock Regular City Council Meeting October 9, 2008 Page 12 of 17 VOTE: Ayes: Councilmember Honeycutt, Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E3. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Sam Bass Community Theatre. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A.,Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Sam Bass Theatre Association ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for • the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau 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 9th day of October, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt; • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 13 City of Round Rock Regular City Council Meeting October 9, 2008 Page 13 of 17 8E4. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Round Rock Community Choir. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A., Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Round Rock Community Choir ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for the encouragement, promotion, improvement, and application of the arts, relating to the presentation, performance, execution and exhibition of major art forms, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau 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 9th day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E5. Consider a resolution author izing theMMayor to execute a Convention and Visitors • Bureau Funding Agreement with A t the Williamson County Symphony Orchestra: Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. 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 14 City of Round Rock Regular City Council Meeting October 9, 2008 Page 14 of 17 WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for event funding from the Williamson County Symphony Orchestra 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 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 bylaw at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of October, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E6. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with Round Rock Baseball Tournaments. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax in accordance with V.T.C.A.,Tax Code §351.002, and WHEREAS, the City evaluates funding requests from local agencies to help fund community events which will directly enhance and promote tourism and the convention and local hotel industry, and WHEREAS, in accordance with V.T.C.A., Tax Code §351.101, the City has received a request for funding from the Round Rock Baseball Tournaments.("Agency"), and WHEREAS, the City Council hereby determines that the 'requested funds will be used for expenses, including promotion expenses, directly related to 'a sporting event in which the majority of participants are tourists who substantially increase;economic activity at hotels and motels within the municipality, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 15 City of Round Rock Regular City Council Meeting October 9, 2008 Page 15 of 17 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 9th day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E7. Consider a resolution authorizing the Mayor to execute a Convention and Visitors • Bureau Funding Agreement with Varsity Sports Marketing Group. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. 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"), and WHEREAS, the City Council hereby determines that the requested funds will be used for advertising and conducting solicitations and promoting programs to attract tourists and sport enthusiasts to the area, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember I I 16 City of Round Rock Regular City Council Meeting October 9, 2008 Page 16 of 17 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt; Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8E8. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with United Martial Artist for Community Develop ment/AAU. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. 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 §35.1.101, the City has received a • request for funding from United Martial Artist for Community, Development/AAU ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for expenses, including promotion expenses, directly related to 'a sporting event in which the majority of participants are tourists who substantially increase,economic activity at hotels and motels within the municipality, and WHEREAS, the City Council desires to enter into a Convention and Visitors Bureau Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Convention and Visitors Bureau Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written' notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of October, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember- Honeycutt ouncilmemberHoneycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt, Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford ' Mayor McGraw 17 City of Round Rock Work Session and Regular City Council Meeting October 9, 2008 Page 17 of 17 Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business,the meeting adjourned at 8:25 p.m. `• Respectfully Submitted, Sara L. White, City Secretary • • 18 City of Round Rock Regular City Council Meeting October 23, 2008 The Round Rock City Council met in Regular Session 'on Thursday, October 23, 2008, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:30 P.M. Mayor McGraw called the work session to order at 6:34 p.m. • ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz and City Attorney Steve Sheets. Councilmember George White was absent from the meeting. PRESENTATIONS 3A1. Consider a presentation and discussion regarding a preliminary draft of the City's new Strategic Plan. Mr. Herb Marlowe of Analytica presented the Council with a draft of the City's new strategic plan. He began with some background on the development of the plan. He explained that the purpose of the presentation and discussion tonight is to get feedback from • the Council on the general direction of the plan and if there are any major omissions. Mayor McGraw recessed the work session at 7:10 p.m. CALL REGULAR SESSION TO ORDER—7:00 P.M. Mayor McGraw called the session to,order at 7:11 p.m. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: Michael Hjort, 4012 Halfway Cove, Round Rock, spoke to the Council regarding Round • Rock Youth Football and asked for they could give with sending the team to Las Vegas. Watch Co-op LEGO robotics team spoke to the Council regarding the environment and global warming. PRESENTATIONS: 19 City of Round Rock Regular City Council Meeting October 23, 2008 Page 2 of 18 7 A1. If necessary, continue the presentation and discussion regarding a preliminary draft of the City's new Strategic Plan. This item was completed during the work session and was not considered in the regular session. • CONSENTAGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *9A. Consider approval of the City Council minutes for October 9, 2008. *11A1.Consider an ordinance adopting the Library Fund Budget for FY 2008-2009. - (Second Reading) *11A2.Consider an ordinance adopting the Municipal Court Fund for FY 2008-2009. (Second Reading) S *11B1.Consider an ordinance annexing 0.750 acres, known as Hesters Crossing Water Tower Tract. (First Reading) *11132.Consider an ordinance annexing 0.137 acres, being East Old Settlers Boulevard right-of-way immediately west of Fairview Drive. (First Reading) *11133.Consider an ordinance annexing 0.451 acres, being East Old Settlers Boulevard right-of-way immediately east of Fairview Drive. (First Reading) *1184.Consider an ordinance annexing 0.098 acres, being East Old Settlers Boulevard right-of-way immediately west of Rockin'J Road. (First Reading) *11135.Consider an ordinance annexing 0.545 acres, being East Old Settlers Boulevard right-of-way immediately east of Rockin'J Road. (First Reading) • MOTION: Councilmember Rhode moved to approve the consent agenda. pp g Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield 20 City of Round Rock Regular City Council Meeting October 23, 2008 Page 3of18 Mayor ,Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of item 1161 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford' Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Clifford moved to dispense with the second reading of item 1162 with the unanimous consent of all. the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas ' Councilmember Rhode ' - Councilmember Whitfield Mayor Pro-Tem Clifford' Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of item 1163 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 21 City of Round Rock Regular City Council Meeting October 23, 2008 Page 4 of 18 MOTION: Councilmember Salinas moved to dispense with the second reading of item 11134 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Clifford moved to dispense with the second reading of item 11135 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9A. Consider approval of the City Council minutes for October 9, 2008. This item was approved under the consent agenda. PUBLIC HEARINGS: 10A1. Consider public testimony regarding an application filed by SBB Holdings LP to rezone 73.52 acres of land located at the southwest corner of University Boulevard and Sandy Brook Drive from the C-2 (Local Commercial) and SF-2 (Single Family Standard Lot) zoning • districts to the PUD (Planned Unit Development) No. 83 zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. Fred Moya, 1727 Amistad Way, Round Rock, spoke to the Council regarding drainage concerns from University to his street and how his neighborhood is going to be protected. { 22 City of Round Rock Regular City Council Meeting October 23, 2008 Page 5of18 There being no further testimony,the public hearing was closed. ORDINANCES: *11A1.Consider an ordinance adopting the Library Fund Budget for FY 2008-2009. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2008-2009 FISCAL YEAR. *11A2.Consider an ordinance adopting the Municipal Court Fund for FY 2008-2009. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE ADOPTING A BUDGET FOR THE MUNICIPAL-COURT FUND FOR THE 2008-2009 FISCAL YEAR. 11A3. Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 2008 — 2009. (First Read ing)(Reguires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. AN ORDINANCE ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION ACCOUNT FOR THE 2008-2009 FISCAL YEAR. • MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas : Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 11A4. Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 2008 — 2009. (First Read ing)(Requires Two Readings) ,Cheryl Delaney, Assistant Finance Director made the staff presentation. • AN ORDINANCE ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2008-2009. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt 23 City of Round Rock Regular City Council Meeting October 23, 2008 Page 6 of 18 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. *1161.Consider an ordinance annexing 0.750 acres, known as Hesters Crossing Water Tower Tract. (First Reading) This item was approved under the consent agenda. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.750 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *1162.Consider an ordinance annexing 0.137 acres, being East Old Settlers Boulevard • right-of-way immediately west of Fairview Drive. (First Reading) This item was approved under the consent agenda. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF 'ROUND ROCK, TEXAS, TO WIT: 0.137 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *1163.Consider an ordinance annexing 0.451 acres, being East.Old Settlers Boulevard right-of-way immediately east of Fairview Drive. (First Reading) This item was approved under the consent agenda. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.451 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS-HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 24 City of Round Rock Regular City Council Meeting October 23, 2008 Page 7of18 CONFLICTING ORDINANCES OR RESOLUTIONS. *11134. Consider an ordinance annexing 0.098 acres, being East Old Settlers Boulevard right-of-way immediately west of Rockin' J Road. (First Reading) This item was approved under the consent agenda. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.098 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11135.Consider an ordinance annexing 0.545 acres, being East Old Settlers Boulevard right-of-way immediately east of Rockin' J Road. (First Reading) This item was approved under the consent agenda. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.545 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 11136. Consider an ordinance adopting the Community Development Block Grant Budget for FY 2008-2009. (First Read ing)(Requires Two Readings) Mona Ryan, Community Development Coordinator made the staff presentation. AN ORDINANCE ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2008-2009 FISCAL YEAR. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford' Mayor McGraw 25 City of Round Rock Regular City Council Meeting October 23, 2008 Page 8 of 18 Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 11137. Consider an ordinance rezoning 73.52 acres of land located at the southwest • corner of University Boulevard and Sandy Brook Drive from the C-2 (Local Commercial) and SF-2 (Single Family Standard Lot) zoning districts to the PUD (Planned Unit Development) No. 83 zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director, made the presentation earlier in the evening during the public hearing. 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 73.52 ACRES OF LAND, OUT OF THE ABEL L. EAVES SURVEY, ABSTRACT NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-2 (LOCAL COMMERCIAL) AND DISTRICT SF-2 (SINGLE FAMILY—STANDARD LOT) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 83. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White 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 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 26 City of Round Rock Regular City Council Meeting October 23, 2008 Page 9 of 18 11138 Consider an ordinance changing the name of Kenney Fort Trail to Short Trail. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE CHANGING THE NAME OF KENNEY FORT TRAIL TO SHORT TRAIL; PROVIDING A • SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem 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 Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. RESOLUTIONS: 12A1. Consider a resolution authorizing the Mayor to execute a development agreement with SBB Holdings, L.P. regarding construction of University Village Drive and related traffic improvements. Jim Stendebach made the staff presentation. RESOLUTION NO. WHEREAS, SBB Holdings, LP ("Developer") desires to-develop a 98.19 acre tract of land located at the southeast corner of the intersection of University Boulevard and Sandy Brook Drive, and WHEREAS, the construction of a north-south roadway and related traffic improvements will be necessary to the development of this tract, WHEREAS, the City of Round Rock and Developer desire to enter into a Development Agreement to memorialize respective obligations regarding:the roadway improvements, Now . r -27 City of Round Rock Regular City Council Meeting October 23, 2008 Page 10 of 18 Therefore BE IT RESOLVED BY THE 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 SBB Holdings, LP, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was' adopted-was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 23rd day of October, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. • 1261. Consider a 'resolution authorizing the Mayor to execute a real estate contract with PAG West, LLC for the purchase of 0.205 acres necessary for the construction of the N. Mays expansion proiect. Steve Sheets, City Attorney made the staff presentation. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.205 acre tract of land for additional right-of- way for the North Mays Expansion Project, WHEREAS, PAG West, LLC., 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 PAG West, LLC., 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 23rd day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. IIS VOTE: Ayes: Councilmember Honeycutt II' 28 City of Round Rock Regular City Council Meeting October 23, 2008 Page 11 of 18 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 1201. Consider a resolution adopting an updated Investment Policy and Strategy for City funds. Cheryl Delaney, Assistant Finance Director, made the staff presentation. RESOLUTION NO. WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City funds, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required ,by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 23rd day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: ' None Absent: Councilmember White , ACTION: The motion carried unanimously. 1202. Consider a resolution adopting Amendment No. 1 to the Interlocal Agreement with the Capital Metropolitan Transit Authority. This item was pulled at the request of staff. 12D1. Consider a resolution adopting the City of Round Rock's Legislative Program for the 81St Legislative Session. Jim Nuse and Randy Cain, made the presentation. RESOLUTION NO. 29 City of Round Rock Regular City Council Meeting October 23, 2008 Page 12 of 18 WHEREAS,the 81st Legislative Session is scheduled to begin January 13, 2009; and WHEREAS, the City Council for the City of Round Rock ("City") is requesting that the members of the Williamson County delegation introduce certain legislation deemed necessary by the City; and WHEREAS, the City Council also requests that the Williamson County delegation oppose • certain legislation that is harmful to the City and its citizens; and WHEREAS, the City Council authorizes the City's representatives to oppose any legislation that limits the existing authority of the City to govern its own affairs and oppose the imposition of any state mandates that do not provide for a commensurate level of state funding, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Williamson County delegation be 4, to assist the City with the following legislative proposals, and that the Mayor, Councilmembers, City Manager, City Attorney, City staff members, and the City's legislative representatives be authorized to testify on behalf of the City for or against the following proposals as appropriate: 1. Streamlined Sales Tax The City is requesting its local delegation to oppose any change in the sales tax sourcing rule currently in place. 2. Higher Education Appropriations The City is requesting its local delegation to support any and all requests by Texas State University, Texas A&M and ACC for expansions or improvements for Higher Education in Round Rock. 3. City's Authority to Serve Utilities The City is requesting its local delegation to support any proposed legislation that would allow Round Rock to provide its current and future customers with water and wastewater services. 4. Opposition to Certain Legislation Limiting Existing Authority Regarding Sales Tax, Property Tax and Adoption of the Annual Budget The City is requesting its local delegation to oppose any legislation that will place appraisal caps on property beyond the ten percent (10%) currently mandated by law; any legislation that would place revenue caps on the City; changes to the local sales tax statutes that jeopardizes the City's sales tax allocation; and any legislation that would limit the City Council's existing authority to adopt a tax rate and/or approve the annual budget for the City. S. Opposition to Certain Legislation Limiting Existing Authority to Annex Additional Property, Zone Property, Regulate Development, and Acquire Property for Public Purposes Through Eminent Domain The City is requesting its local delegation to oppose any legislation that would limit City's existing authority to annex additional property to the City, to zone and re-zone property, regulate the development of property, and to acquire private property for public purposes through the power of eminent domain. 6. Support Legislation Which Would Enhance Round Rock's Ability to Build and Enhance Roadways The City is requesting that its local delegation support legislation which will enhance its ability to build and enhance roadways including: TxDOT Funding for such roadways; minimizing TxDOT fees for managing road projects. 7. Support Legislation Appropriating _Funding for the Texas Rail Relocation and Improvement Fund The.City is requesting its local delegation to support legislation to appropriate funding for the Texas Rail Relocation and Improvement Fund. BE IT FURTHER RESOLVED, That the Mayor, Councilmembers, City Manager, City Attorney, City staff members, and the City's legislative representatives be authorized to testify in opposition to any legislation that would limit or erode the City's power to self-govern, or in any way be of detriment to the City's authority to exercise the powers prescribed by the citizens of the City in their elected officials and oppose the imposition of any state mandates that do not provide for a commensurate level of state funding. 30 City of Round Rock Regular City Council Meeting October 23, 2008 Page 13 of 18 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2008. • MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode , Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 12D2. Consider a resolution approving a change in the tariffs of Atmos Energy Corporation, as a result of a settlement between Atmos and the Atmos Texas Municipalities (ATM). David Kautz, Assistant City Manager made the staff presentation. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS APPROVING A CHANGE IN THE TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM"); FINDING THAT THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN-EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL WHEREAS, the City of Round Rock, Texas, ("City") is a,regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation — Mid-Tex Division ("Atmos"') rates, operations, and services of a gas utility within the municipality; and WHEREAS, the City has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities ("ATM"), including Railroad Commission Gas Utilities ("GUD") Docket No. 9400, numerous filings by Atmos pursuant to Section 104.301 of GURA, GUD Docket No. 9670 and GUD Docket No. 9762; and WHEREAS, on February 11, 2008, ATM and Atmos entered into a settlement agreement which provided for a new mechanism to review changes in, rates known as the "Rate Review Mechanism" or"RRM"; and WHEREAS, pursuant to the new regulatory mechanism Atmos filed for an increase in rates of approximately forty-two million dollars ($42 million), to be effective on November 1, 2008; and WHEREAS, the RRM is a three-year experiment which is aimed at reducing rate case expenses and encouraging a more collaborative effort at arriving at just and reasonable gas rates; and WHEREAS, for over three months the experts representing ATM have been analyzing data and interviewing Atmos' management;.and s _ City of Round Rock Regular City Council Meeting October 23, 2008 Page 14 of 18 WHEREAS, ATM's experts have concluded that slightly less than half of the amount requested by Atmos should be put into rates; and WHEREAS, Atmos has agreed to reduce its requested increase in rates by more than fifty percent (50%); and WHEREAS, in connection with this first RRM, the customer charge for residential customers will be reduced from $10.69 to $7.00, benefitting thousands of fixed income and low-use customers; and WHEREAS, in .connection with the implementation of this rate request, an energy conservation program will be instituted to benefit customers of modest means; and WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs, set forth as Attachment A; 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 amended tariffs in Attachment A are hereby adopted to become effective on November 1, 2008. Section 3. The proof of revenues in Attachment B, the average bill calculations, and the document entitled "Rate Review Mechanism — 1St Year of Effective Period — Allocation of Settlement Increase by Customer Class" has been relied upon in connection with the adoption of the amended tariffs. Section 4. 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 5. This resolution shall become effective from and after its passage with rates authorized by the Attached Tariffs to be effective in accordance with the terms of the Settlement Agreement. • Section 6. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LB J Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1120, Austin,TX 78701. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 12E1. Consider a resolution authorizing the Mayor to execute Amendment No. 2 to an Interlocal Agreement regarding final design services for the Regional Water Project with the 32 City of Round Rock Regular City Council Meeting October 23, 2008 Page 15 of 18 Cities of Cedar Park and Leander. Michael Thane, Utilities Director, made the staff presentation. 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 Project, and WHEREAS, the City now desires to enter into Amendment No. 2 to the Interlocal Agreement to revise the allocation of costs due to additional;design 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. 2 to the Interlocal Agreement with the City of Cedar Park and the City of Leander Regarding Final Design Services forthe Regional Water System Project, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required,by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 23rd day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 12E2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with Camp Dresser & McKee. Inc. regarding the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water Proiect. Michael Thane, Utilities Director, made the staff presentation. 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. 3 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said:Supplemental Contract No. 3 with Camp Dresser& McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, 33 City of Round Rock Regular City Council Meeting October 23, 2008 Page 16 of 18 That the Mayor is hereby authorized and directed to execute on behalf of the Cit Y Y Y Supplemental Contract No. 3 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 23rd day of October, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford . Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 12E3. Consider a resolution authorizing the Mayor to execute Supplemental • Agreement No. 3 with Carter & Burgess, Inc. regarding the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water Prosect. Michael Thane, Utilities Director, made the staff presentation. 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 Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, Carter & Burgess, Inc. has submitted Supplemental Contract No. 3 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 3 with 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. 3 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 23rd day of October, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. 34 City of Round Rock Regular City Council Meeting October 23, 2008 Page 17 of 18 VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 12E4. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding between the Bureau of Reclamation, City of Round Rock, Lower Colorado River Authority, Brazos River Authority, and other cities in the Williamson County Water Reclamation and Reuse Proiect. RESOLUTION NO. WHEREAS, the City of Round Rock ("City"), the Bureau of Reclamation, Lower Colorado River Authority, Brazos River Authority, City of Georgetown, City of Cedar Park, and City of Leander ("Parties") agree to enter into a regional partnership to plan, design, and construct permanent facilities to reclaim and reuse water in Williamson County, and WHEREAS, the City wishes to enter into a Memorandum of Understanding with the Parties for the Williamson County Water Reuse Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF'THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Understanding with the Parties, 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 October, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. EXECUTIVE SESSION: 35 City of Round Rock Regular City Council Meeting October 23, 2008 Page 18 of 18 14A1. Consider Executive Session as authorized by §551.087 Government Code, to deliberate the offer of a financial or other incentive to Sysco Company to keep and/or expand its facility in the City. • The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 8:52 p.m. and adjourned at 9:30 p.m. 14A2. Consider Executive Session as authorized by§551.072 Government Code, related to the purchase of real property to wit: Approximately 110 acres owned by Cypress Semiconductor and located between Cypress Boulevard and Interstate 35. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 9:30 p.m. and adjourned at 10:00 p.m. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 p.m. Respectfully Submitted, e fo� �. 0-z , , Sara L. White, City Secretary 36 City of Round Rock Regular City Council Meeting November 13, 2008 The Round Rock City Council met in Regular Session on Thursday, November 13, 2008, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:30 P.M. Mayor McGraw called the work session to order at 6:30 p.m. • ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers and City Attorney Steve Sheets. PRESENTATIONS 3A1. Consider a presentation and discussion regarding northeast Round Rock and Round Rock Glen annexations. Jim Stendebach, Planning and Community Development Director made the staff presentation. Council discussed with staff the pros and cons of the proposed annexations and directed staff on how to proceed with them. • CALL REGULAR SESSION TO ORDER—7:00 P.M. Mayor McGraw called the session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag Mayor McGraw left the meeting due to a prior commitment and Mayor Pro-Tem Clifford took over the meeting until the Mayor's return. CITIZEN COMMUNICATION: Joe Vining spoke to the Council regarding previously discussed annexations in northeast • Round Rock. Rodney Howard, 1222 Leah Lane, spoke to the Council regarding a north/south hike and bike trail along the original MoKan right-of-way. PROCLAMATIONS: 13 37 City of Round Rock Regular City Council Meeting November 13, 2008 Page 2 of 34 7A1. Consider proclaiming November as "Pancreatic Cancer Awareness Month." Mayor Pro-Tem Clifford read the following proclamation and presented it to Janie Mock with the Pancreatic Cancer Action Network. • WHEREAS over 37,680 people will be diagnosed with pancreatic cancer this year in the United States and 34,290 will die from the disease; WHEREAS pancreatic cancer is the deadliest cancer and the fourth leading cause of cancer death in the United States; WHEREAS approximately 2060 deaths will occur in Texas alone. WHEREAS 75 percent of pancreatic cancer patients die within the first year of their diagnosis and 95 percent of pancreatic cancer patients die within the first five years; WHEREAS there is no cure for pancreatic cancer and there have been no significant improvements in early detection, treatment methods, or survival rates in the last 25 years; WHEREAS when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and the average life expectancy of those diagnosed with metastasis disease is only three to six months; WHEREAS incidence of pancreatic cancer is 20 to 30 percent higher in men than in women and 40 to 50 percent higher in African Americans than in other ethnic groups; WHEREAS the good health and well-being of the residents of Austin/Round Rock are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; WHEREAS the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Austin/Round Rock and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; WHEREAS the Pancreatic Cancer Action Network and its affiliates in Austin/Round Rock support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; Now, therefore, 1, ALAN McGRAW, Mayor for the City of Round Rock, Texas, do hereby proclaim the month of November, 2008 as "Pancreatic Cancer Awareness Month" in Round Rock, Texas. PROCLAIMED this 13th day of November, 2008. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its • normal sequence on the regular agenda. *9A. Consider approval of the City Council minutes for October 23, 2008. *11A1.Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 2008—2009. (Second Reading) 38 City of Round Rock Regular City Council Meeting November 13, 2008 Page 3 of 34 *11A2.Consider an ordinance adopting the Forest Creek Golf Course Capital Budget for FY 2008—2009. (Second Reading) *11C1.Consider an ordinance adopting the Community Development Block Grant Budget for FY 2008-2009. (Second Reading) • *12G8.Consider a resolution confirming the City's consent to the creation of the Paloma Lake MUD No. 1 and Paloma Lake MUD No. 2. MOTION: Councilmember Honeycutt moved to approve the consent agenda. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *9A. Consider approval of the City Council minutes for October 23, 2008. This item was approved under the consent agenda. PUBLIC HEARINGS: 10A1. Consider public testimony ,regarding an ordinance amending Chapter 11, Sections 11.410, 11.411, 11.423, 11.502, Code of Ordinances (1995 Edition), regarding Day Care facilities. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. There being no testimony, the public hearing was closed. 10A2. Considerubli • p c testimony regarding an ordinance amending Chapter 11, Section 11.502(5)(a), Code of Ordinances (1995 Edition) regardink on-street parking on Lampasas Street. Jim Stendebach, Planning and Community Development Director made the staff presentation. 39 City of Round Rock Regular City Council Meeting November 13, 2008 Page 4 of 34 Mayor Pro-Tem Clifford opened the public hearing. There being no testimony, the public hearing was closed. -10A3. Consider public testimony regarding an ordinance rezoning 24.66 acres of land • south of Universitv Boulevard and west of CR 112 and contiguous to the future Austin Community Campus site from SF-2 (Single Family–Standard Lot) to the PF-3 (Public Facilities– High Intensity) zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. ' Mayor Pro-Tem Clifford opened the public hearing. There being no testimony,the public hearing was closed. 10A4 Consider public testimony regarding an application filed by John S. Avery, Trustee to zone 907.691 acres of land:to Planned Unit Development (PUD) No. 84 zoning district. Jim Stendebach, Planning-and Community Development Director made the staff presentation. • Mayor Pro-Tem Clifford opened the public hearing. Bob Wunsch, thanked the Council, staff a'nd the Avery family for all their hard work on the Avery Centre PUD. There being no further testimony, the public hearing,,was closed. ORDINANCES: *11A1.Consider an ordinance adopting the Parks Improvement and Acquisition Fund Budget for FY 2008 —2009. (Second Reading) This item was :approved under the consent agenda. AN ORDINANCE ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT= ANP ACQUISITION ACCOUNT FOR THE 2008-2009 FISCAL YEAR. *11A2.Consider an ordinance adopting the Forest Creek Golf Course Capital,'Badget for • FY 2008–2009. (Second Reading) This item was approved under the consent agen .6­:._,,.--,',,:-,_ AN ORDINANCE ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL-YEAR 2008-2009. City of Round Rock Regular City Council Meeting November 13, 2008 Page 4 of 34 Mayor Pro-Tem Clifford opened the public hearing. re being no testimony, the public hearing was closed. Consider ublic testimon regarding an ordinance rezoning 24.66 acre south of 'tv Boulevard and west of CR 112 and' Conti uous to the fu � " tin • CommunityCAN to from SF-2 (Single Family—Standard;Lot to the PF-3 ilities— High Intensit zon ict. Jim Stendebach Planning and;Community nt Director e ; made the staff presen, f, ' Mayor Pro-Tem Cli ened the public hearing. There being no testimb ublic hearing was clo,' 10A4. Consider public t regarding an, ' on filed b John S. Aver I,• Trustee to zone 907.691 acres of lanned; elo ment PUD No. 84 zoning district. Jim Stendebach, Planning and elopment Director.made the staff presentation. Mayor Pro-Tem Clifford opened th • Bob Wunsch, thanked the Cou and thr ry family for all their hard work on the Avery Centre PUD. There being no further t ,the public hearing .; sed. ORDINANCES: *11A1.Consider nce adopting the Parks Im rov`e and Ac uisition Fund Budget for FY 2008 Second Reading) This item -was api �'•, under the consent agenda. AN ORDINA ING A BUDGET FOR THE PARKS IMPROVEMEN CQUISITION ACCOUNT F 008-2009 FISCAL YEAR. , S, nsider an ordinance adopting the Forest Creek Golf Course C d et for FY D9. Second Elp"­1 This item was approved under the consent age, i" MANCE ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FI AR 009. \`\� 4'1 City of Round Rock Regular City Council Meeting November 13, 2008 Page 5 of 34 1161. Consider an ordinance replacing Yield signs with Stop signs at various intersections in the Dove Creek Subdivision. (First Reading)(Requires Two Readings) Tom Martin,Transportation Services Director made the staff presentation. • AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF DEERFOOT CIRCLE AT DEERFOOT DRIVE, QUAIL CREEK DRIVE AT DOVE HAVEN DRIVE, QUAIL CREEK DRIVE AT DOVE CREEK DRIVE, DOVE CREEK DRIVE AT DOVE HAVEN DRIVE, RABBIT RUN AT DOVE HAVEN DRIVE, WHITE WING WAY AT RIDGE CREST DRIVE, AND LAKE CREEK CIRCLE AT SOUTH BURNET STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw • ACTION: The motion carried unanimously. 1162. Consider an ordinance replacing Yield signs with Stop signs at various intersections in the Kensington and South Park Subdivisions. (First Read ing)(Reguires Two Readings) Tom Martin,Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF MONTCLAIR DRIVE AT TOWER DRIVE, MONTCLAIR DRIVE AT FAIRLANE DRIVE, DIXIE LANE AT FAIRLANE DRIVE, WESTMINSTER PLACE AT SURREY DRIVE, CAMBRIDGE DRIVE AT SURREY DRIVE, CAMBRIDGE DRIVE AT OXFORD BOULEVARD, WINDSOR ROAD AT SURREY DRIVE, AND CAMBRIDGE DRIVE AT OXFORD BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember White moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 42 City of Round Rock Regular City Council Meeting November 13, 2008 Page 6 of 34 *11C1 Consider an ordinance adopting the Community Development Block Grant Budget for FY 2008-2009. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2008-2009 FISCAL YEAR. • 11C2 Consider an ordinance annexing 112.180 acres of land south of CR112 and east of North A W Grimes Boulevard, also known as the Avery Centre East Tract 1. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND ,CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 112.180 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember • Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilm;embers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion.. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas , Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 43 City of Round Rock Regular City Council Meeting November 13, 2008 Page 7 of 34 11C3. Consider an ordinance annexing 71.730 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 2. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 71.730 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255, 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 White moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw • ACTION: The motion carried unanimously. 11C4. Consider an ordinance annexing 87.170 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 3. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. 44 City of Round Rock Regular City Council Meeting November 13, 2008 Page 8 of 34 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 87.170 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173 AND THE THOMAS, GLASSCOCK SURVEY, ABSTRACT NO. 255, 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 White moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas , Councilmember Rhode ' Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 1105. Consider an ordinance annexing 141.420 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 4. (First Reading) Jim Stendebach, Planning and Community Development Director made the-staff presentation. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 141.420 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE JOHN L. JUSTICE; SURVEY, ABSTRACT NO. 356 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255, 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; 45 City of Round Rock Regular City Council Meeting November 13, 2008 Page 9 of 34 PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR. A SAVINGS CLAUSE AND.REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember White seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw 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 to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 1106. Consider an ordinance annexing 101.610 acres of land south of CR112 and east of North A.W. Grimes Boulevard, also known as the Avery Centre East Tract 5. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND. ROCK, TEXAS, TO WIT: 101.610 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR • A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember White moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode 46 City of Round Rock Regular City Council Meeting November 13, 2008 Page 10 of 34 Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White ` Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C7. Consider an ordinance annexing 3.346 acres of CR112 right of way, beginning at North A.W. Grimes Boulevard and extending eastward approximately 1,470 feet. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.346 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173 AND THE THOMAS GLASSCOCK SURVEY, ABSTRACT NO. 255, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode 'moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford' Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. k M-1 47 City of Round Rock Regular City Council Meeting November 13, 2008 Page 11 of 34 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 Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C8. Consider an ordinance annexing 70.650 acres of land north of CR112 and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 6. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 70.650 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE ABEL EAVES SURVEY, ABSTRACT NO. 215, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember White moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. • MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 48 City of Round Rock Regular City Council Meeting November 13, 2008 Page 12 of 34 Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. • 11C9. Consider an ordinance annexing 142.870 acres of land north of CR112 and west of North A.W. Grimes Boulevard, also known as the Avery Centre West Tract 7. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 142.870 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember White moved to adopt the ordinance. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None , Absent: Mayor McGraw 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 to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 49 City of Round Rock Regular City Council Meeting November 13, 2008 Page 13 of 34 11C10.Consider an ordinance annexing 97.480 acres of land south of CR 112 and west of North A.W. Grimes Boulevard also known as the Aver Centre West Tract 8. First Reading) Avery ( g) Jim Stendebach, Planning and Community Development Director made the staff presentation. • AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 97.480 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 624, THE THOMAS TOBY SURVEY, ABSTRACT NO. 625 AND THE ABEL EAVES SURVEY, ABSTRACT NO. 215, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember White 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 White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. • 11C11.Consider an ordinance annexing 19.130 acres of land south of University Boulevard and west of North A.W. Grimes Boulevard, also known as the Avert/ Centre West Tract 9. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND 50 City of Round Rock Regular City Council Meeting November 13, 2008 Page 14 of 34 ROCK, TEXAS, TO WIT: 19.130 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE • AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas . Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C12.Consider an ordinance annexing 21.270 acres of land south of University Boulevard and west of North A.W. Grimes'Boulevard, also known as the Avery Centre West Tract 10. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND,CONTIGUOUS TERRITORY TO THE CITY OF ROUND • ROCK, TEXAS, TO WIT: 21.270 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 51 City of Round Rock Regular City Council Meeting November 13, 2008 Page 15 of 34 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw 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 to adopt the ordinance: Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt_ Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C13.Consider an ordinance zoning 907.691 acres of land to Planned Unit Development (PUD) No. 84 zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. 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 907.691 ACRES OF LAND, KNOWN AS AVERY CENTRE, IN ROUND ROCK, WILLIAMSON COUNTY,TEXAS,AS PLANNED UNIT DEVELOPMENT(PUD) NO. 84. MOTION: Councilmember White moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. . VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 52 City of Round Rock Regular City Council Meeting November 13 2008 Page 16 of 34 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 Whitfield seconded the motion. VOTE: Ayes:' Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C14. Consider an ordinance rezoning 24.66 acres of land south of University Boulevard and west of CR 112, and contiguous to the future Austin Community Campus site from SF-2 (Single Family — Standard Lot) to the PF-3 (Public Facilities — High Intensity) zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. 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 24.66 ACRES OF LAND, OUT OF THE ABEL EAVES SURVEY, ABSTRACT, NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY —STANDARD LOT)TO DISTRICT PF-3 (PUBLIC FACILITIES— HIGH INTENSITY) MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. ' VOTE: Ayes: Councilmember Honeycutt Councilmember White h,r 53 City of Round Rock Regular City Council Meeting November 13, 2008 Page 17 of 34 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None • Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C15.Consider an ordinance amending Chapter 11, Sections 11.410, 11.411, 11.423, 11.502, Code of Ordinances (1995 Edition), regarding Day Care Facilities. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.410, 11.411, 11.423 AND 11.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING DAY CARE FACILITIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 11C16.Consider an ordinance amending Chapter 11, Section 11.502(5)(a), Code of Ordinances (1995 Edition) regarding on-street parking on Lampasas Street. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. 54 City of Round Rock Regular City Council Meeting November 13, 2008 Page 18 of 34 AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ON-STREET PARKING; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw 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 to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas . Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford , Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. RESOLUTIONS: 12A1. Consider a resolution authorizing the Mayor to execute an Engineering Services Contract with Camp, Dresser & McKee, Inc. for the Forest Creek Wastewater Flow Study. Michael Thane, Utilities Director made the staff presentation: RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Forest Creek Wastewater& Inflow Flow Study, 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 Forest Creek Wastewater & Inflow Flow Study, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. 55 City of Round Rock Regular City Council Meeting November 13, 2008 Page 19 of 34 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 1261. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Austin Engineering Co., Inc. for the Bowman Road Drainage Improvement Project. Danny • Halden, City Engineer, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Austin Engineering Co., Inc. for the Bowman Road Drainage 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 Engineering Co., Inc. for the Bowman Road Drainage Improvements Project, a copy of said change order being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode 56 City of Round Rock Regular City Council Meeting November 13, 2008 Page 20 of 34 Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12C1. Consider a resolution authorizinp,the MaVor to execute an Interlocal Agreement with Williamson County for the Brushy Creek Regional Trail Gap Project. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County regarding the Funding for Brushy Creek Regional Trail Gap Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Williamson County, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas . Councilmember Rhode Councifinember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12D1. Consider a resolution authorizing certain officers and employees of the City to • perform transactions with TexPool. Cheryl Delaney, Assistant Finance Director made the staff presentation. RESOLUTION NO. 57 City of Round Rock Regular City Council Meeting November 13, 2008 Page 21 of 34 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: Assistant City Manager 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: Tameka Leonard Title: Treasury Accountant 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 13th day of November, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. City of Round Rock Regular City Council Meeting November 13, 2008 Page 22 of 34 12D2 Consider a resolution adopting an amendment to the Interlocal Agreement between the City of Round Rock and the Capital Metropolitan Transit Authority. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the Capital Metropolitan Transit Authority (the "CMTA") for the purpose of supporting coordinated transit services for the greater Round Rock area,and WHEREAS, the City now desires to enter into Amendment No. 1 to the Interlocal Agreement to extend the Agreement through September 30,2010 and to provide for additional 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 Amendment No. 1 to the Interlocal Agreement with the CMTA, 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 November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12E1. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with Atmos Energy Corporation for the relocation of a gas line required by the Arterial A project. Tom Martin, Director of Transportation Services made the staff presentation. • RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement with Atmos Energy Corporation ("Atmos") for the relocation of a gas line owned by Atmos in connection with the Arterial A 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 City of Round Rock Regular City Council Meeting November 13, 2008 Page 23 of 34 hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12E2. Consider a resolution authorizing the Mayor to. execute a Contract for Engineering Services with Brown and Gay Engineering, Inc. for the design of the traffic signals • on A.W. Grimes Boulevard at University Boulevard and on Seton Parkway at University Boulevard. Tom Martin,Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals on A.W. Grimes Boulevard at University Boulevard and University Boulevard at Seton Parkway, and WHEREAS, Brown & Gay Engineers, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Brown & Gay Engineers, Inc., Now Therefore BE IT RESOLVED BYTHE 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 Brown & Gay Engineers, Inc. for the design of traffic signals on A.W. Grimes Boulevard at University Boulevard and University Boulevard at Seton Parkway,.a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. 60 City of Round Rock Regular City Council Meeting November 13, 2008 Page 24 of 34 VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12E3. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) regarding the Brushy Creek Regional Trail Gap Project. Tom Martin, Transportation Services Director, made the staff presentation. 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 g g g governmental functions and services, and 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 Brushy Creek Regional Trail Gap 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 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 November, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12F1. Consider a resolution authorizing the Mayor to execute a Professional Consulting Services Agreement with Group Solutions RJW for public affairs consulting for the Brushy Creek 61 City of Round Rock Regular City Council Meeting November 13, 2008 Page 25 of 34 Regional Utility Authority. Will Hampton, Communications Director made the staff presentation. 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 Professional 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, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional 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 13th day of November, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember • White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12F2. Consider a resolution approving additions and improvements to the Dell Diamond. David Kautz,Assistant City Manager made the staff presentation. RESOLUTION NO. WHEREAS, on January 20, 1999, the City of Round Rock ("City") and Ryan Sanders Ryan, Inc. ("RSR") entered into that one. certain Convention, Center Complex Lease Agreement ("Lease") which was thereafter assigned to Round Rock Baseball Club, Inc. ("RRB"), and • WHEREAS, RRB plans to construct additions and improvements to the Dell Diamond Stadium, as described in Exhibit"A", and WHEREAS, Article IV, Section 4.2, of the Lease sets forth the procedures and process for the approval of additions and improvements, and require that such be approved by the City Council, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the proposed additions and improvements to the Dell Diamond Stadium, as described in Exhibit "A", are hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place 62 City of Round Rock Regular City Council Meeting November 13, 2008 Page 26 of 34 and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember • Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw one ACTION: The motion carried unanimously. 12F3 Consider a resolution approving the general terms of a financial incentive package to encourage Sysco to relocate and expand its facilities within the city limits of Round Rock. Jim Nuse, City Manager made the staff presentation. Bill Loftin, CEO of Sysco in Round Rock, also spoke to the Council and provided background information on the company. • RESOLUTION NO. WHEREAS, Sysco Corporation ("Sysco") has outgrown its facilities in Round Rock and is actively investigating available sites on which to locate its business; and WHEREAS the Cit Council desires to offer Sysco a financial incentive package to Y Y encourage Sysco to relocate and expand its facilities within the city limits of Round Rock; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, In consideration for Sysco's relocating and expanding its facilities within the city limits of Round Rock, the City Council is prepared to enter into one or more written incentive agreements containing the following terms: 1) A seventy-five percent (75%) ad valorem tax abatement for ten years on new improvements and personal property originally constructed or installed at the new Sysco operations site. 2) A Section 380 agreement whereby economic development program payments will be made to Sysco based upon sales tax revenue received by the City from Sysco related sales. Beginning with the opening of the new facility and continuing for ten years, the City will make program payments equal to one-quarter of the local sales taxes collected by Sysco above Sysco's Base Year Total Sales Tax Collections indexed by the Consumer • Price Index (CPI-All Urban Consumers). This incentive component applies to taxable product sales made by Sysco. (Base Year is defined as the full year of local sales taxes generated from product sales immediately preceding the opening of the new facility). 3) The City agrees to provide two traffic signal lights as needed at the intersections of Mesa Ridge/Old Settlers and Greenhill/Old Settlers at,a cost of approximately$30,000. 4) City will support Sysco's efforts to seek a standard property tax abatement proposal for Sysco from Williamson County. The City Council hereby finds and declares that written notice of the date, hour, place 63 City of Round Rock Regular City Council Meeting November 13, 2008 Page 27 of 34 do and subject of the meeting at which this Resolution was adopted was posted and that such i meeting was open to the public as required bylaw at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12G1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with Bluebonnet Trail Community Mental Health and Mental Retardation Center providing for mental health services to low to moderate • income families. Mona Ryan, Community Development Coordinator made the staff presentation. 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 Community Mental Health and Mental Retardation Center ("Bluebonnet") 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 for mental health services to low to moderate income families, Now Therefore BE IT RESOLVED BY THE 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 Community Mental Health and Mental Retardation Center_:, a copy.of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember 64 City of Round Rock Regular City Council Meeting November 13, 2008 Page 28 of 34 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 12G2 Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with the Round Rock Independent School District providing for fine arts education to economically disadvantaged children. Mona Ryan, Community Development Coordinator made the staff presentation. 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 Independent • School District ("RRISD")to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with RRISD to provide for fine arts education to economically disadvantaged 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 Round Rock Independent School District, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. Y it 65 City of Round Rock Regular City Council Meeting November 13, 2008 Page 29 of 34 12G3. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with RBJM. LLC dba Adams Gift Shop providing for facade improvements and the creation of a part' time iob. Mona Ryan, �. Community Development Coordinator made the staff presentation. 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 RBJM, LLC, d/b/a Adams Gift Shop ("Adams") to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Adams to provide for facade improvements and the creation of a part time job, Now Therefore BE IT RESOLVED BY THE 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 RBJM, LLC, d/b/a Adams Gift Shop, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: Mayor Pro-Tem Clifford Councilmember Salinas ACTION: The motion carried with 5 Ayes and 2 Nays. 12G4. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with Williamson Burnet County Opportunities, Inc. providing for noon-time meals to senior citizens. Mona Ryan, Community Development Coordinator made the staff presentation. 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, 66 City of Round Rock Regular City Council Meeting November 13, 2008 Page 30 of 34 Public Law 93-383, and WHEREAS, the City of Round Rock wishes to engage Williamson Burnet County Opportunities, Inc. ("WBCO") to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with WBCO to provide for noon-time meals to senior citizens, Now Therefore BE IT RESOLVED BY THE 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, Inc., a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Cit Council hereby finds and declares that written notice of the date hour, lace Y Y . p and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 12G5. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with Round Rock Housing Authority providing for a resident services coordinator. Mona Ryan, Community Development Coordinator made the staff presentation. 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 Round Rock Housing Authority ("Housing Authority")to assist the City in utilizing said funds, and . WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Housing Authority to provide for a resident services coordinator, Now Therefore BE IT RESOLVED BY THE 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 Round Rock Housing Authority, 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 67 City of Round Rock Regular City Council Meeting November 13, 2008 Page 31 of 34 and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and. the subject matter hereof 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 November, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 12G6. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with Foundation Communities providing for a community tax center. Mona Ryan, Community Development Coordinator made the staff • presentation. 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 Foundation Communities ("Foundation")to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Foundation to provide for a community tax center, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Agreement with Foundation Communities, 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 kGovernment Code, as amended. • RESOLVED this 13th day of November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 68 City of Round Rock Regular City Council Meeting November 13, 2008 Page 32 of 34 Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 12G7. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Subrecipient Agreement with the Round Rock Area Serving Center providing for utility assistance to low income families. Mona Ryan, Community Development Coordinator made the staff presentation. 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 Round Rock Area Serving Center ("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 Center to provide for utility assistance to low income families, Now Therefore BE IT RESOLVED BY THE 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 Round Rock Area Serving Center, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 13th day of November, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White ' Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. *12G8. Consider a resolution confirming the City's consent to the creation of the Paloma Lake MUD No. 1 and Paloma Lake MUD No. 2. This item was approved under the consent agenda. EXECUTIVE SESSION: 69 City of Round Rock Regular City Council Meeting November 13, 2008 Page 33 of 34 14A1. Consider Executive Session as authorized by §551.071 Government Code, to consult with the City Attorney regarding a claim filed by RGM Constructors for A.W. Grimes Boulevard. • The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 9:30 p.m. and adjourned at 9:48 p.m. 14A2. Consider Executive Session as authorized by §551.071 Government Code, to consult with the City Attorney regarding legalf options for securing CDBG home improvement loans. Mayor McGraw called the Executive Session to order at 9:49 p.m. and adjourned at 10:05 p.m. 14A3. Consider Executive Session as authorized by §551.074 Government Code, to deliberate the evaluation of the City Manager. - Mayor McGraw called the Executive Session to order at 10:00 p.m. and adjourned at . 11:25 p.m. The City Council returned to the Council Chambers for action on the following items and adjournment. ACTION RELATIVE TO EXECUTIVE SESSION: 15A1. Consider action relative to Executive Session regarding a claim filed by RGM Constructors for A.W. Grimes Boulevard. MOTION: Councilmember Rhode moved to approve the settlement offer of$-1-94-,ee0 to RGM Constructors. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 15A2. Consider action relative to Executive Session regarding legal options for securing CDBG home improvement loans. -70 City of Round Rock Regular City Council Meeting November 13 2008 Page 34 of 34 MOTION: Councilmember Rhode moved to confirm that the City will secure CDBG home improvement loans by a deed of trust lien. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford, Mayor McGraw Nays: None ACTION: The motion carried unanimously. 15A3. Consider action relative to Executive Session regarding the evaluation and compensation of the City Manager. MOTION: Councilmember Rhode moved to approve a 3% salary increase for the City Manager effective October 1, 2008. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 11:36 p.m. Respectfully Submitted, �A Sara L. White, City Secretary 71 City of Round Rock Regular City Council Meeting November 25, 2008 The Round Rock City Council met in Regular Session on Thursday, November 25, 2008, in the City Council Chamber, 221 E. Main Street. CALL REGULAR SESSION TO ORDER—7:00 P.M. Mayor McGraw called the session to order at 7:01 p.m. ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag • CITIZEN COMMUNICATION: There were no citizens wishing to speak during citizen communication. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *6A. Consider approval of the City Council minutes for November 13, 2008.. *8A1. Consider an ordinance replacing Yield signs with Stop signs at various intersections in the Dove Creek Subdivision. (Second Reading) *8A2. Consider an ordinance replacing Yield signs with Stop signs at various intersections in the Kensington and South Park Subdivisions. (Second Reading) *9A1. Consider a resolution authorizing property tax refunds to 2300 MacArthur LTD for 2005 and 2006 taxes totaling$8,288.59. *9A2. Consider a resolution authorizing property tax refunds to Henna Town homes, LTD for 2006 and 2007 taxes totaling$4,062.06. 72 City of Round Rock Regular City Council Meeting November 25, 2008 Page 2 of 8 MOTION: Councilmember Honeycutt moved to approve the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas is Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A Consider approval of the City Council minutes for November 13, 2008. This item was approved under the consent agenda. PRESENTATIONS: 7A1 Consider a presentation on the City's financial status. Cheryl Delaney, Finance Director made the staff presentation. She reported that even though the City's revenues are currently down,the budget is still being met due to cost savings. • ORDINANCES: *8A1 Consider an ordinance replacing Yield signs with Stop signs at various intersections in the Dove Creek Subdivision. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF DEERFOOT CIRCLE AT DEERFOOT DRIVE, QUAIL CREEK DRIVE AT DOVE HAVEN DRIVE, QUAIL CREEK DRIVE AT DOVE CREEK DRIVE, DOVE CREEK DRIVE AT DOVE HAVEN DRIVE, RABBIT RUN AT DOVE HAVEN DRIVE, WHITE WING WAY AT RIDGE CREST DRIVE, AND LAKE CREEK CIRCLE AT SOUTH BURNET STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *8A2. Consider an ordinance replacing Yield signs with Stop signs at various intersections in the Kensington and South Park Subdivisions. (Second Reading) This item was approved under the consent agenda. i AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF MONTCLAIR DRIVE AT TOWER DRIVE, MONTCLAIR DRIVE AT FAIRLANE DRIVE, DIXIE LANE AT FAIRLANE DRIVE, WESTMINSTER PLACE AT SURREY DRIVE, CAMBRIDGE DRIVE AT SURREY DRIVE, CAMBRIDGE DRIVE AT OXFORD BOULEVARD, WINDSOR ROAD AT SURREY DRIVE, AND CAMBRIDGE DRIVE AT OXFORD BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 73 City of Round Rock Regular City Council Meeting November 25, 2008 Page 3 of 8 861. Consider an ordinance adopting the Tree Fund Budget for FY2008-2009. (First Reading) (Requires Two Readings) Cheryl Delaney, Finance Director made the staff '. presentation on the details of the budget. Emsud Horosovic presented the Council with some facts on the tree fund and how the funds will be spent in the 2008-2009 fiscal year. AN ORDINANCE ADOPTING THE BUDGET FOR THE TREE FUND FOR THE 2008-2009 FISCAL YEAR. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *9A1. Consider a resolution authorizing property tax refunds to 2300 MacArthur LTD for 2005 and 2006 taxes totaling$8,288.59. 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, 2300 MacArthur LTD has made an overpayment or erroneous payment of 2005 and 2006 taxes in the amount of$8,288.59; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a,determination that the payment was erroneous or excessive; and further approves such refund in the amount of$8,288.59. N The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. 74 City of Round Rock Regular City Council Meeting November 25, 2008 Page 4 of 8 *9A2 Consider a resolution authorizing property tax refunds to Henna Townhomes, LTD for 2006 and 2007 taxes totaling $4,062.06. 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, Henna Townhomes, LTD has made an overpayment or erroneous payment of 2006 and 2007 taxes in the amount:of$4,062.06; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$4,062.06. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. 9A3 Consider a resolution authorizing the City Manager to issue a Purchase Order for a fire apparatus with ladder (Quint). Cheryl Delaney, Finance Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase a fire apparatus with ladder("Quint")for the Fire Department, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ('Buy Board"), and WHEREAS, Siddons Fire Apparatus, Inc. is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Siddons Fire Apparatus, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Siddons Fire Apparatus, Inc. for the purchase of a Quint for the Fire Department. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember 5;,175 City of Round Rock Regular City Council Meeting November 25, 2008 Page 5 of 8 Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9A4. Consider a resolution authorizing-the Mayor to execute one or more electrical power purchase contracts with a Retail Electric Provider for electric power. Cheryl Delaney, Finance Director made the staff presentation. RESOLUTION NO. WHEREAS, under Senate Bill 7 of the 76th Legislature the Texas Legislature deregulated the purchase of electric power in the State of Texas, and WHEREAS, in order for the City to timely execute an electric power supply contract with a Retail Electric Provider (REP) to obtain the best price in the volatile energy market, this Resolution authorizes the Mayor to execute one or more power supply contracts during the • current fiscal year to purchase power from a Retail Electric Provider, provided the terms of this Resolution are complied with, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, Section 1: During the current fiscal year, the Mayor may execute, on behalf of the City, one or more contracts to purchase power between the City and a Retail Electric Provider in accordance with the terms of this Resolution. Section 2: The Mayor may only execute an electric power supply contract ("Contract") with an REP in the event the following conditions are strictly complied with: (i) the term of the Contract is no less than six months and no more than three years; (ii) the price per kilowatt-hour KWH shall be competitive, considering the terms of the Houston Galveston Area Council of Governments ("HGAC") negotiated Contract; (iii) that the REP recommended by CGP Solutions was selected in a competitive process in which the recommended REP offers the "Best Value" Contract to the City when considering the following factors: (a) price per KWH;r _. .,._:.,•_x:_ a,::>.: • (b) the amount, if any, of premiums to be paid by the City for using either less or more electrical power than its historic demand data; and (c) ability to provide detailed, consolidated billing for the City. Section 3:This Resolution shall take effect upon adoption. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 76 City of Round Rock Regular City Council Meeting November 25, 2008 Page 6 of 8 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. is VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9131. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 2 for Engineering Services with HDR Engineering, Inc.' for the Arterial A project. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering • Services ("Contract") with HDR Engineering, Inc. for the Arterial A Project, and WHEREAS, HDR Engineering, 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 HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 2 to the Contract with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White , Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 7=7 City of Round Rock Regular City Council Meeting November 25, 2008 Page 7 of 8 9132. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Klotz Associates for the design of traffic signals on Old Settlers Boulevard at Greenhill Drive and A.W. Grimes at Plateau Vista Boulevard. Tom Martin, • Transportation Services made the staffp resentation. RESOLUTION N0. WHEREAS, the City of Round Rock desires to retain engineering services for traffic signal design at the intersections of Old Settlers Boulevard at Greenhill Drive and A.W. Grimes Boulevard at Plateau Vista Boulevard, and WHEREAS, Klotz Associates has submitted'a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Klotz Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of. the City a Contract for Engineering Services with Klotz Associates for traffic signal design at the intersections of Old Settlers Boulevard at Greenhill Drive and A.W. Grimes Boulevard at Plateau Vista Boulevard, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 963. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement • with the City of Pflugerville for the extension of Pflugerville Parkway to Greenlawn Boulevard. Tom Martin, Transportation Services Director made the staff presentation. 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 I 78 City of Round Rock Regular City Council Meeting November 25, 2008 Page 8 of 8 City of Pflugerville regarding the connection of Pflugerville Parkway to Greenlawn Boulevard Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the City of Pflugerville, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of-the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. • EXECUTIVE SESSION: 10A1. Consider Executive Session as authorized by §551.074 Government Code, to deliberate the evaluation of the City Manager. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 8:00 p.m. and adjourned at 9:30 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 9:37 p.m. Respectfully Submitted, Sara L. White, City Secretary • 79 City of Round Rock Regular City Council_Meeting December 4, 2008 The Round Rock City Council met in Regular Session on Thursday, December 4, 2008, in the City Council Chamber, 221 E. MainStreet. CALL REGULAR SESSION TO ORDER—7:00 P.M. ;• Mayor McGraw called the session to order at 7:02_p.m. ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: • 4A. Citizen Communication There were no citizens wishing to speak during citizen communication. 4B. Consider proclaiming December 4, 2008 as Jan MacKay Day, Mayor McGraw read the following proclamation and presented it to Jan MacKay. Whereas, in Central Texas, there is a need for 50,000 units of blood per year for treatment of patients and the demand for blood donations outweighs the supply; and Whereas, Round Rock citizen Jan MacKay, who has lived in Central Texas for more than 25 years, proactively stepped up to fill this need, making her first blood donation on February 14, 1990, in Austin as part of the KLBJ radio blood drive; and Whereas, Jan donates blood as a silent tribute to her father, Earl Leus, who himself was an avid and dedicated blood donor. Earl passed away from cancer 11 years ago; and Whereas, Jan, for many years, has donated whole blood, which takes about 15 minutes and involves one needle, she also more recently began donating platelets, which are generally used in cancer treatments. This procedure requires a needle in each arm and up to 90 minutes to collect one unit of platelets—equivalent to about eight pints of whole blood; and • Whereas, this year Jan has selflessly made the maximum number of blood donations permitted in a 12-month period and has no doubt played a part in saving many lives in our community; and Whereas, with Jan's blood donation made earlier today, she has achieved a milestone of donating 25 gallons of blood, equal to 200 individual donations; Now, therefore, I, ALAN McGRAW, Mayor of the City of Round Rock, Texas, do hereby proclaim, December 4, 2008, as Jan MacKay Day 80 City of Round Rock Regular City Council Meeting December 4, 2008 Page 2of17 in Round Rock and urge all citizens to join me in recognizing Jan MacKay for her commitment to donating her blood and her time, and I urge everyone to consider joining Jan in becoming a volunteer donor. Help save a life! PROCLAIMED this 4th day of December, 2008. CONSENT AGENDA: • All items listed with an asterisk (*) are considered to;be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular,agenda. *6A. Consider approval of the City Council minutes for November 25, 2008. 8A1. Consider an ordinance adopting the Tree Fund Budget for FY2008-2009. (Second Reading) MOTION: Councilmember Rhode moved to approve the consent agenda. Mayor Pro- Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for November 25, 2008. This item was approved under the consent agenda. PUBLIC HEARINGS: 7A1. Consider public testimony regarding amending Chapter 11, Sections 11.501 11.502, 11.603 and 11.802. Code of Ordinances, regarding'nonconforming building uses and • land and to delete the definition of abandonment from the >Iossary. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no public testimony,the public hearing was closed. 8.1 City of Round Rock Regular City Council Meeting December 4, 2008 Page 3 of 17 ORDINANCES: *8A1. Consider an ordinance adopting the Tree Fund Budget for FY2008-2009. (Second Reading) This item was approved under the consent agenda. • 861. Consider an ordinance amending Chapter 5 Code of Ordinances by adding Section 5.102.1 regarding amendments to Section 903 of the 2006 International Fire Code Governing Automatic Sprinkler Systems. (First Reading) Billy Wusterhausen, Fire Marshal made the staff presentation. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 5.102.1 REGARDING AMENDMENTS TO SECTION 903 OF THE 2006 INTERNATIONAL FIRE CODE GOVERNING AUTOMATIC SPRINKLER SYSTEMS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C1. Consider an ordinance amending Chapter 11, Sections 11.501, 11.502, 11.603 and 11.802, Code of Ordinances, regarding nonconforming building uses and land and to delete the definition of abandonment from the glossary. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER-11, SECTIONS 11.501, 11.502, 11.603 AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE LANDSCAPE REQUIREMENTS,TO AMEND THE OFF-STREET PARKING REQUIREMENTS,TO AMEND NONCONFORMING • BUILDINGS, USES AND LAND;TO DELETE THE DEFINITION OF "ABANDONMENT";AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 82 City of Round Rock Regular City Council Meeting December 4, 2008 Page 4 of 17 Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 8D1. Consider an ordinance amending water rates to promote the conservation of water. (First Read ing)(Requires Two Readings) Michael Thane, Water/Wastewater Utilities Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.201, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,TEXAS, AMENDING WATER RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 9A1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County Emergency Services District No. 9 regarding Fire Marshal and Fire Code Enforcement Services. Staff requested that this item be tabled until December 18tH MOTION: Councilmember Rhode moved to table the item until the December 28th City Council Meeting. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas ' Councilmember Rhode ' • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 83 City of Round Rock Regular City Council Meeting December 4, 2008 Page 5 of 17 9131. Consider a resolution authorizing the Mayor to execute Supplement No. 3 to the Engagement Letter with Brown McCarroll, LLP for legal services for Certificate of Convenience and Necessity (CCN) issues. Michael Thane, Water/Wastewater Utilities Director made the staff • presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an engagement letter with Brown McCarroll, L.L.P. for legal services,for Certificate of Convenience and Necessity (CCN) issues, and WHEREAS, Brown McCarroll, L.L.P. has submitted Supplement No. 3 to the engagement letter to include continued efforts to obtain amendments to the original CCN amendment applications along with related CCN issues that may arise between now and October 31, 2009, and WHEREAS, the City Council desires to enter into said Supplement No. 3 to the 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 Supplement No. 3 to the 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 4th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9132. Consider a resolution authorizing the Mayor to execute a contract for • Engineering Services with S.D. Kallman, L.P. for the Greenslopes Waterline Replacement rp oiect. This item was pulled at the request of staff. i 84 City of Round Rock Regular City Council Meeting December 4, 2008 Page 6 of 17 9133. Consider a resolution authorizing the Mayor to execute Amendment No. 2 to an Interlocal Agreement regarding Final Design Services for the Regional Water Prosect with the Cities of Cedar Park and Leander. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. • 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 Project, and WHEREAS, the City now desires to enter into Amendment No. 2 to the Interlocal Agreement to revise the allocation of costs due to additional;design 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. 2 to the Interlocal Agreement with the City of Cedar Park and the City of Leander Regarding Final Design Services for'the Regional Water System Project, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. • MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas , Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9134. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 3 with Carter& Burgess, Inc. regarding the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Project. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. 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 Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements Project, and WHEREAS, Carter & Burgess, Inc. has submitted Supplemental Contract No. 3 to the 85 City of Round Rock Regular City Council Meeting December 4, 2008 Page 7 of 17 Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 3 with 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. 3 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 4th day of December, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C1. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the U.S. Department of Housing and Urban Development for Community Development Block Grant Funds for Program Year 2008-2009. Jim Stendebach, Planning and Community Development Director made the staff presentation. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Program, and WHEREAS, the City Council wishes to make application for the available grant funds for specific projects and activities identified in the 2008-2009 Fifth Program Year Action Plan that was adopted by the City Council on July 24, 2008, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized._and„dire cted .to execute on behalf of the City a Funding Approval/Agreement with HUD for the above-described grant, a copy of said • Approval/Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required bylaw at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. 86 City of Round Rock Regular City Council Meeting December 4, 2008 Page 8 of 17 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford' Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C2. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 15.0 acres in Round Rock Glen adjacent to Sunrise Dr. Jim Stendebach, Planning and Community Development Director made the staff presentation. RESOLUTION NO. 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) Approximately 15.0 acres in Round Rock Glen adjacent to Sunrise Dr. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 87 City of Round Rock Regular City Council Meeting December 4, 2008 Page 9 of 17 9C3. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of the Park Valley Drive Right-of-Way Tract. Jim Stendebach, Planning and Community Development Director made the staff presentation. • 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 KCITY 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) Park Valley Drive Right-of-Way. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which.this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C4. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of the Meister Lane Right-of-Way Tract. Jim Stendebach, Planning and Community Development Director made the staff presentation. 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 p p i SH City of Round Rock Regular City Council Meeting December 4, 2008 Page 10 of 17 incorporated herein for all purposes. (1) Meister Lane Right-of-Way. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required • by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C5. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 2.0 acres located at 2701 High Country. Jim Stendebach, Planning and Community Development Director made the staff presentation. 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 thatprovides 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) Approximately 2.0 acres located at 2701 High Country Blvd. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. • RESOLVED this 4th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 89 City of Round Rock Regular City Council Meeting December 4, 2008 Page 11 of 17 Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None • ACTION: The motion carried unanimously. 9C6. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately one acre of SH45 right-of-way located at the southwest corner of its intersection with Greenlawn Blvd. Jim Stendebach, Planning and ,.y Community Development Director made the staff presentation. 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) Approximately one acre of SH 45 right-of-way located at the southwest corner of its intersection with Greenlawn Blvd. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem-Clifford.. Mayor McGraw Nays: None ACTION: The motion carried unanimously. 90 City of Round Rock Regular City Council Meeting December 4, 2008 Page 12 of 17 9C7. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 3.0 acres of SH45 right-of-way located at the southeast corner of its intersection with Greenlawn Blvd. Jim Stendebach, Planning and Community Development Director made the staff presentation. • 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) Approximately 3.0 acres of SH 45 right-of-way located at the southeast corner of its intersection with Greenlawn Blvd. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C8. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 2.0 acres of SH 45 right-of-way located approximately 800 feet east of its intersection with Greenlawn Blvd. Jim Stendebach, Planning and Community Development Director made the staff presentation. 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 :t ' ,. -. `•'_y Sat -: �.� 91 City of Round Rock Regular City Council Meeting December 4, 2008 Page 13 of 17 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) Approximately 2.0 acres of SH 45 right-of-way located approximately 800 feet east of its intersection with Greenlawn Blvd. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C9. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 30.0 acres located north of Old Settlers Blvd and on each side of Rockin'J Road. Jim Stendebach, Planning and Community Development Director made the staff presentation. 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) Approximately 30.0 acres located north of Old Settlers Blvd. and on each side of Rockin' J Road. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. 92 City of Round Rock Regular City Council Meeting December 4, 2008 Page 14 of 17 RESOLVED this 4th day of December, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C10 Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 6.0 acres located on the north side of the 4000 Block of E. Old Settlers Blvd. Jim Stendebach, Planning and Community Development Director made the staff presentation. 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) Approximately 6.0 acres located on the north side of the 4000 Block of E. Old Settlers Blvd. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December,2008. MOTION: Councilmember Whitfield moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw 93 City of Round Rock Regular City Council Meeting December 4, 2008 Page 15 of 17 Nays: None ACTION: The motion carried unanimously. 9C11. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximately 21.0 acres located on the north side of E. Old Settlers Blvd. and on each side of Fairview Dr. Jim Stendebach, Planning and Community Development Director made the staff presentation. RESOLUTION N0. 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) Approximately 21.0 acres located on the north side of E. Old Settlers Blvd. and on each side of Fairview Dr. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C12. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of approximatelv 10.0 acres located on the south side of E. Old Settlers Blvd. and on each side of Brenda Lane. Jim Stendebach, Planning and Community Development Director made the staff presentation. RESOLUTION NO. 94 City of Round Rock Regular City Council Meeting December 4, 2008 Page 16 of 17 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) Approximately 10.0 acres located on the south side of E. Old Settlers Blvd. and on each side of Brenda Lane. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required 'by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as, required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C13. Consider a resolution directing the Planning Director to prepare a service plan for the proposed annexation of the RM 620 Right-of-Way from the current city limits to Smyers Lane. Jim Stendebach, -Planning and Community Development Director made the staff presentation. 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) RM 620 Right-of-Way from the current city limits to Smyers Lane. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and r 95 City of Round Rock Regular City Council Meeting December 4, 2008 .Page 17 of 17 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember • Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:31 p.m. Respectfully Submitted, 4�;Whlt, - Uh4U • Sara L. White, City Secretary 96 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 The Round Rock City Council met in a Special Called and Regular Session on Thursday, December 18, 2008, in the City Council Chamber, 221 E. Main Street. CALL SPECIAL CALLED MEETING TO ORDER—5:30 P.M. Mayor McGraw called the session to order at 5:35 p.m. • ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield.Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion.There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular-agenda. • *4A Consider approval of the City Council minutes for December 4, 2008. *7H2 Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Jessie Hood to make repairs to her home located at 2304 Windsong Trail. *7H3 Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Barry and Joanne Farley to make repairs to their home located at 1511 Lantern Light Drive. *7H4. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Mary Beth Krenz to make repairs to her home located at 1707 Stagecoach Trail. • *7H5. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. Shameika Brown to make repairs to her home located at 1314 East Logan Street. 97 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 . Page 2 of 24 *71-16. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Maria Lazaro to make repairs to her home located at 1103 Peach Tree Cove. *71-17. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Linda Braswell to make repairs to her home located at 1903 Hollow Tree Boulevard. *71-18. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Carolina Marquez to make repairs to her home located at 903 Christopher Avenue. *71-19. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Dahlia Avila to make repairs to her home located at 2003 Magnolia Avenue. MOTION: Mayor Pro-Tem Clifford moved to approve the consent agenda. • Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *4A. Consider approval of the City Council minutes for December 4, 2008. This item was approved under the consent agenda. PRESENTATIONS: • 5A1. Consider a presentation on the CitV's financial status. Cheryl Delaney, Finance Director made the staff presentation. ORDINANCES: 98 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 3 of 24 6A1. Consider an ordinance amending Chapter 5, Code of Ordinances, by adding Section 5.102.1 regarding amendments to Section 903 of the 2006 International Fire Code Governing Automatic Sprinkler Systems. (Second Reading) Larry Hodge, Fire Chief made the staffp resentation. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 5.102.1 REGARDING AMENDMENTS TO SECTION 903 OF THE 2006 INTERNATIONAL FIRE CODE GOVERNING AUTOMATIC SPRINKLER SYSTEMS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 661. Consider an ordinance amending Chapter 11, Sections 11.501, 11.502, 11.603 and 11.802, Code of Ordinances, regarding nonconforming building uses and land and to delete the definition of abandonment from the glossary. (Second Reading) Jim Stendebach briefly reviewed the presentation given at the December 4th City Council meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.501, 11.502, 11.603 AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE LANDSCAPE REQUIREMENTS, TO AMEND THE OFF-STREET PARKING REQUIREMENTS, TO AMEND NONCONFORMING BUILDINGS, USES AND LAND; TO DELETE THE DEFINITION OF "ABANDONMENT"; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. • MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield II . : .99 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 4 of 24 Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 7A1. Consider a resolution authorizing the MaVor to execute an Interlocal Agreement with Williamson County Emergency Services District No. 9 regarding Fire Marshal and Fire Code Enforcement Services. Larry Hodge, Fire Chief made the staff presentation. 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 regarding Fire Marshal and Fire Code Enforcement 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 18th day of December, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. • 7131. Consider a resolution authorizing the Mayor to execute 2008 Sub-Recipient Agreement to accept$223,322 in grant funds from the State of Texas Homeland Security Grant Program. Rick White of the Police Department made the staff presentation. RESOLUTION NO. 100 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 5 of 24 _ WHEREAS, the Governor's Division of Emergency Management has made grant funds available to the City of Round Rock ("City") for the Fiscal Year 2008 Homeland Security Grant Program, and WHEREAS, the City Council wishes to accept said grant funds to be used by the City for the purchase of a GaslD Portable Gas and Vapor Identifier for the Fire Department and for a UASI Fusion Center Analyst for the Police Department, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a 2008 Sub=Recipient 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 18th day of December, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas . Councilmember Whitfield Mayor Pro-Tem Clifford • Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7C1 Consider a resolution authorizing the Mayor to,execute an agreement with Specialized Public Finance Inc. for financial advisory services associated with the regional wastewater system. Cindy Demers, Assistant City Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain financial advisory services associated with the Brushy Creek Regional Wastewater System, and WHEREAS, Specialized Public Finance Inc. has submitted an Agreement to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Specialized Public Finance 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 Financial Advisory Services, 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 18th day of December, 2008. �v z: 101 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 6 of 24 MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7D1. Consider a resolution extending the program allowing the placement of"Open House" signs in certain city-owned rights-of-way. Sara White, City Secretary made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") prohibits the placement of signs in the public rights-of-way, and WHEREAS, the City recognizes that a need exists to direct prospective home buyers to • "Open Houses"for existing homes offered for sale within the City, and WHEREAS, on June 24, 2004 by Resolution No. R-04-06-24-17E3, the City established a temporary program whereby realtors and homeowners were allowed to place Open House signs in specified locations in City rights-of-way for the sole purpose of directing prospective buyers to existing homes offered for sale, and WHEREAS, on December 2, 2004 by Resolution No. R-04-12-02-9F1, the Council extended the temporary program until December 31, 2005, and WHEREAS, on December 15, 2005 by Resolution No. R-05-12-15-9E2, the Council extended the temporary program until December 31, 2006, and WHEREAS, on December 21, 2006 by Resolution No. R-06-12-21-9131, the Council extended the temporary program until December 31, 2007, and WHEREAS, on December 20, 2007 by Resolution No. R-07-12-20-9A1, the Council extended the temporary program until December 31, 2008, and WHEREAS, the Council wishes to again extend the temporary program, and WHEREAS, the License Agreement for Open House Signs in City Rights-of-Way, which the Council approved on December 15, 2005 by Resolution No. R-05-12-15-9E2, will continue to be in effect, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That unless specifically extended.,_byy the„City ,Council, this program and all license agreements entered into hereunder, shall expire on December 31, 2010. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution as amended 102 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 7 of 24 with an expiration of 2010. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7D2 Consider a resolution authorizing the Mayor to-execute a Memorandum of Understanding with Waterstone Development for the City Hall Policy Center. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION N0. WHEREAS, the City of Round Rock and Waterstone Development wish to enter into a Memorandum of Understanding to outline the mutual intent and understanding of the parties regarding the proposed City Hall Policy Center, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Understanding with Waterstone Development, 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 18th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford , Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7E1. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement Amendment#1 with the Texas Department of Transportation for the box culverts at RM620 and the Round Rock Hospital. Tom Martin, Director of Transportation Services made the staff presentation. ta. 103 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 8 of 24 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 box culverts at RM 620 and the Round Rock Hospital ("Project"), and • WHEREAS, by Resolution No. R-00-11-21-10C2, 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 Payment Provisions in its entirety and replace with Attachment A-1 Payment 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 Advance Funding Agreement Amendment Now :�1ith 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 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7E2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 with MWM Design Group for the Redesign of Sam Bass Road from Meadows Drive to IH-35. Tom Martin,Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with MWM Design Group (Formerly known as Martinez Wright & Mendez, Inc.)for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, and • WHEREAS, MWM Design Group has submitted Supplemental Agreement No. 4 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 with MWM Design Group, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 4 to the Agreement for Engineering Services with MWM Design Group, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 104 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 9 of 24 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7171. 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 the City Hall Policy Center. Tom Word, Chief of Public Works made the staff presentation. • 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 for the construction of the City Hall Policy Center, 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 "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 City Hall Policy Center. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. 105 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 10 of 24 RESOLVED this 18th day of December, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 71F2. Consider a resolution determining that "Competitive Sealed Proposal' is the delivery method which provides the best value for the City for the remodel and construction of the Business Center Complex at 231 East Main Street. Tom Word, Chief of Public Works made the staff presentation. 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, 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 the Business Center Complex at 231 East Main Street ("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 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 Business Center Complex at 231 East Main Street Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and . the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. 1-06 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 11 of 24 MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7F3. Consider a resolution authorizing the Mayor to submit a grant application to the U.S. Department of Housing and Urban Development for infrastructure and sidewalk improvements on Main Street. David Bartels made the staff presentation. RESOLUTION NO. WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has federal assistance available to cities for Main Street improvements, and WHEREAS, the City Council wishes to make application for the available funds for the • Infrastructure and Sidewalk Improvements on Main Street Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an application for Federal assistance to U.S. Department of Housing and Urban Development, a copy of said Application being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield • Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. • '�j N�7�z3 107 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 12 of 24 7G1. Consider a resolution authorizing the Mayor to execute the First Amendment to the Amended and Restated Consent Agreement with RSP Partners Development, L.P. for the creation of Siena Municipal Utility Districts 1 and 2. Michael Thane, Director of Utilities made • the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Consent Agreement with Double J Investments, L.P., now RSP Partners Development, L.P., ("Developer") regarding the creation of two Municipal Utility Districts' named Williamson County Municipal Utility District Nos. 19 and 20, now named Siena Municipal Utility District No. 1 and Siena Municipal Utility District No. 2, and WHEREAS, by Resolution No. R-06-10-12-11E1, the City approved an Amended and Restated Consent Agreement with Developer, and WHEREAS, the City Council now wishes to amend the aforesaid Agreement to extend the deadline and to modify certain terms and conditions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to the Amended and Restated Consent Agreement with RSP Partners Development, L.P. a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7G2. Consider a resolution authorizing the Mayor to execute a Construction Contract • with McLean Construction Company, Inc for Unit 1 of the 2006-2007 Wastewater Collection System Rehabilitation Project. Michael Thane, Director of Utilities made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for Unit 1 of the 2006- 2007 Wastewater Collection System Rehabilitation Project, and 108 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 13 of 24 WHEREAS, McLean Construction Company, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of McLean Construction Company, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • contract with McLean Construction Company, Inc. for the 2006-2007 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 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7G3. Consider a resolution authorizing the Mayor to execute the First Amendment to the Master Contract for the Financing, Construction, and Operation of the Brushy Creek Regional Utility Authority, Inc. Regional Water Treatment and Distribution Project. Michael Thane, Director of Utilities made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Master Contract for the Financing, Construction and Operation of the BCRUA Regional Water Treatment and Distribution Project with Brushy Creek Regional Utility Authority, Inc., the City of Cedar Park, and the City of Leander (the "Parties"), and WHEREAS, the City now desires to enter into a First Amendment to the Master Contract to reflect the new operational date of April 1, 2012, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First • Amendment to the Master Contract for the Financing, Construction and Operation of the BCRUA Regional Water Treatment and Distribution Project, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. 1 I 109 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 14 of 24 RESOLVED this 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7G4. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Interlocal Agreement for Interim Water Supply between the City of Round Rock and the City of Cedar Park. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City of Cedar Park for Interim Water Supply, and • WHEREAS, the City now desires to enter into a First Amendment to the Interlocal Agreement to extend the period of time that the City will make interim water available to 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 First Amendment to the Interlocal Agreement for Interim Water Supply 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 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember, Whitfield seconded the motion. VOTE: Ayes: Councilmember,Honeycutt Councilmember White • Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 110 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 14 of 24 RESOLVED this 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Y pp Y Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7G4. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Interlocal Agreement for Interim Water Supply between the City of Round Rock and the City of Cedar Park. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City of Cedar Park for Interim Water Supply, and • WHEREAS, the City now desires to enter into a First Amendment to the Interlocal Agreement to extend the period of time that the City will make interim water available to 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 First Amendment to the Interlocal Agreement for Interim Water Supply 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 18th day of December, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 15 of 24 71-11. Consider a resolution authorizing v the Mayor to execute an agreement with the City of Pflugerville accepting Extraterritorial Jurisdiction (ETJ) property consisting of 4.784 acres of land east of Greenlawn Boulevard between State Highway 45 and IH-35. Jim Stendebach made the staffp resentation. RESOLUTION NO. WHEREAS, the City of Pflugerville wishes to release certain real property from its extraterritorial jurisdiction ("ETJ"), and relinquish all ETJ rights in said property to the City of Round Rock, and WHEREAS, the City of Round Rock wishes to enter into an Agreement Releasing and Accepting Extraterritorial Jurisdiction Boundary Between the City of Pflugerville, Texas and the City of Round Rock,Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. *71-12. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration. Inc. and Jessie Hood to make repairs to her home located at 2304 Windsong Trail. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the U.S. Department of Housing and Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor 112 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 16 of 24 rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Jessie Hood a/k/a Jessie W. Hood for the rehabilitation of Lot 27, Block E, Windy Terrace, Section One, also known as 2304 Windsong Trail ("Property"), and • WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building& Restoration, Inc. for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community,Housing Repair and Rehabilitation Homeowner Agreement with Jessie Hood a/k/a Jessie W. Hood, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act Chapter 551 Texas Government Code as amended. RESOLVED this 18th day of December, 2008. *71­13. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Barry and • Joanne Farley to make repairs to their home located at 1511 Lantern Light Drive. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the Cit of Round Rock has been awarded rant funds which may be spent Y g Y p for the provision of certain services authorized under the U.S. Department of Housing and Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Barry Farley and Joanne Farley for the rehabilitation of Lot 36, Block K, Sam Bass Trails, Section One, also known as 1511 Lantern Light Drive ("Property"), and WHEREAS, the City Council desires'to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building& Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the Cit a Y Y Y. Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Barry Farley and Joanne Farley, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit."B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such 113 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 17 of 24 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas'Government Code, as amended. RESOLVED this 18th day of December, 2008. *71­14. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Mary Beth Krenz to make repairs to her home located at 1707 Stagecoach Trail. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the U.S. Department of Housing and Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Mary Beth Krenz for the rehabilitation of Lot 27, Block B, The Hermitage, also known as 1707 Stagecoach Trail ("Property"), and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building& Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Mary Beth Krenz, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. *71­15. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. Shameika • Brown to make repairs to her home located at 1314 East Logan Street. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the U.S. Department of Housing and Urban Development Community Development Block Grant Program, and 114 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 18 of 24 WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Shameika Brown for the rehabilitation of Lot 31, Block R, Greenslopes at Lakecreek, Section Ten-B, also • known as 1314 East Logan Street ("Property"), and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Shameika Brown, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution_was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. *7H6. Consider a resolution authorizing the Mayor 'to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Maria • Lazaro to make repairs to her home located at 1103 Peach Tree Cove. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the;U.S. Department of Housing and Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Maria Lazaro for the rehabilitation of Lot 6, Block B, Peach Tree Valley, also known as 1103 Peach Tree Cove ("Property"), and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All • Tex Building & Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community:Housing Repair and Rehabilitation Homeowner Agreement with Maria Lazaro, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building& Restoration, Inc., a copy of said agreements being'attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place ; 115 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 19 of 24 and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. • *71-17. Consider a resolution authoriz'ing the Ma or to execute a Community Housing Repair and Rehabilitation Ai reement with All Tex Building and Restoration, Inc. and Linda Braswell to make repairs to her home located at 1903 Hollow Tree Boulevard.This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the U.S. Department of Housing and Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Linda Braswell for the rehabilitation of Sam Bass Trails Section One, Block J, Lot Two, also known as 1903 Hollow Tree Boulevard ("Property"), and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building& Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Linda Braswell, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. *7H8. Consider a resolution authorizing the Mayor to execute a Community Housing • Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Carolina Marquez to make repairs to her home located at 903 Christopher Avenue. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the U.S. Department of Housing and 116 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 20 of 24 Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Carolina Limon Marquez for the rehabilitation of Bellview Subdivision, Lot 35, also known as 903 • Christopher Avenue ("Property"), and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Carolina Limon Marquez, and,a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and incorporated,herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. *71­19. Consider a resolution authorizing the Mayor to execute a Community Housing Repair and Rehabilitation Agreement with All Tex Building and Restoration, Inc. and Dahlia Avila to make repairs to her home located at 2003 Magnolia Avenue. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has been awarded grant funds which may be spent for the provision of certain services authorized under the U.S. Department of Housing and Urban Development Community Development Block Grant Program, and WHEREAS, the City of Round Rock wishes to assist qualified homeowners in the minor rehabilitation of their residence by providing a non-interest bearing loan to pay a contractor for labor, materials and equipment to be utilized in the rehabilitation, and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Dahlia Avila for the rehabilitation of Lot 77, Southern Terrace Addition, Revised, also known as 2003 Magnolia Drive ("Property"), and WHEREAS, the City Council desires to enter into a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All • Tex Building& Restoration, Inc.for the rehabilitation of the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Homeowner Agreement with Dahlia Avila, and a Community Development Block Grant (CDBG) - Community Housing Repair and Rehabilitation Program Contractor Agreement with All Tex Building & Restoration, Inc., a copy of said agreements being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place 117 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 21 of 24 and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 18th day of December, 2008. y� Mayor McGraw recessed the meeting until 7:00 p.m. CALL REGULAR SESSION TO ORDER—7:00 P.M. Mayor McGraw called the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 9A. United States Flag 9B. Texas State Flag CITIZEN COMMUNICATION Will Williams 2307 Windsong Trail, Round Rock, spoke to the Council regarding Diego Torres and his support of the troops in Iraq. Diego and his family were present at the meeting • and the Mayor commended Diego on his actions. Jim Bond, 5 Wilderness Way, Round Rock, spoke to the Council against the water r conservation rate ordinance. Jim Smetzer, 73 Twin Ridge Parkway, Round Rock, spoke to the Council against the water conservation rate ordinance. David Foster, 715 W. 23rd Street,Austin spoke to the Council in favor of the water conservation rate ordinance. Lamar Urbanovsky, 78 Twin Ridge Parkway, Round Rock, spoke to the Council against the water conservation rate ordinance. Councilmember Rhode arrived at the meeting at 7:09 p.m. PUBLIC HEARINGS: 11A1. Consider public testimony regarding an application filed by James and Meiella Michael,to zone 17.853 acres of land to the PUD (Planned Unit Development) No. 85 zoning district. Jim Stendebach, Planning and Communication Director made the staff presentation. Mayor McGraw opened the public hearing. 118 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 22 of 24 There being no public testimony,the public hearing was closed. 11A2. Consider public testimony regarding the 2007-2008 Consolidated Annual Performance Evaluation Report (CAPER). Jim Stendebach, Planning and Community Director made the staff presentation. Mayor McGraw opened the public hearing. There being no public testimony,the public hearing was closed. ORDINANCES: 12A1. Consider an ordinance amending water rates to promote the conservation of water. (Second Reading) Michael Thane, Director of Utilities made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.201, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,TEXAS,AMENDING WATER RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember White moved to table this ordinance until the first meeting in January.The motion died due to lack of a second. , MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 1261. Consider an ordinance annexing 17.583 acres of land east of and abutting Greenlawn Boulevard between State Highway 45 and IH-35 (also known as the Michael Tract). First reading) Jim Stendebach Planning and Community Director made the staff presentation. • ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 17.583 ACRES OF LAND, OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO 232 AND THE W. DRUMMOND SURVEY 109, ABSTRACT NO. 233, IN TRAVIS 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 119 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 23 of 24 OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw 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 Honeycutt seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 12132. Consider an ordinance zoning 17.583 acres of land to the PUD (Planned Unit Development) No. 85 zoning district. (First Reading) Jim Stendebach made the staff presentation 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 17.583 ACRES OF LAND, OUT OF THE SOCRATES DARLING SURVEY 102, ABSTRACT NO 232 AND THE W. DRUMMOND SURVEY 109, ABSTRACT NO. 233, IN TRAVIS COUNTY,TEXAS,AS PLANNED UNIT DEVELOPMENT(PUD) NO. 85. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. 120 City of Round Rock Special Called and Regular City Council Meeting December 18, 2008 Page 24 of 24 VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Mayor McGraw 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 Clifford seconded the motion. I VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 1 ADJOURNMENT There being no further business, the meeting adjourned at 7:41 p.m. Respectfully Submitted, . s Sara L. White, City Secretary i I i i i i i i I I f i f 12°1 City of Round Rock Regular City Council Meeting January 8, 2009 and Rock City Council met in Regular Session on Thursday,January 8, 20 City Cou� ber, 221 E. Main Street. i. CAL TO ORDER—7:00 P.M. Mayor`j ailed the meeting to order at 7:02 p.m. ROLL CALL embers present were Mayor Alan McGraw, Mays/ ` em Joe Clifford, Councilmen Honeycutt, Councilmember George Whit/ cilmember Carlos T. Salinas, Counci cott Rhode and Councilmember ' ield.Also present were City Manager Jim Nus t Manager David Kautz, As ' y Manager Cindy Demers, and City Attorney Stev PLEDGE OF ALLEGIANCE: 1 ' Mayor McGraw led the follows of Al 9A. United States Flag 9B. Texas State Flag CITIZEN COMMUNICATION Members of the I" Lego League Ro h ring Drive)team spoke to the Mayor and Council regarding global war . the tection Act. / David and Victoria Smithers, ;Park Cou II,Texas spoke to the Council regarding the Round Rock Police D t and their displ 'th the police surrounding an accident and arrest that Mr. `' as involved in. Manouch with Ace T ' ` , o the Council regarding Ye, nd the City of Austin. / APPROVAL OF 5A. Consi 't al of the City Council minutes for Decemb 8. MOTION:; ember Rhode moved to approve the minute cember 18, 2008. Council oneycutt seconded the motion. VO T Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas _, Councilmember Rhode ` Councilmember Whitfield ; Mayor Pro-Tem Clifford Mayor McGraw 122 City of Round Rock Regular City Council Meeting January 8, 2009 The Round Rock Cit Council met in Regular Session on Thursday,Januar 8 .2009 in the Y g Y. Y ,., , City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. Mayor McGraw called the meeting to order at 7:02 p.m. • ROLL CALL: Those members present were Mayor AlanMcGraw Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield.Also present were City Manager Jim Nuse, Assistant Manager David Kautz,'Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the.following Pledges.of Allegiance: 9A. United States Flag 9B. Texas State Flag CITIZEN COMMUNICATION Members of the 1St Lego League Robotics (2284 Fernspring Drive) team spoke to the Mayor and Council regarding global warming and the Climate Protection Act. David and Victoria Smithers, 2710 Nova Park Court, Rockwall,Texas spoke to the Council regarding the Round Rock Police Department and their displeasure with the police surrounding an accident and arrest that Mr:Smithers was involved in. Manouch with Ace Taxi, spoke to the Council regarding Yellow Cab and the City of Austin. APPROVAL'OF,'MINUTES: 5A. Consider approval of the City Council minutes for December 18, 2008. MOTION: .:eCouncilmember Rhode moved to approve the minutes for December 18, 2008. Councilmember Honeycutt seconded the motion. VOTEy-` Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford , Mayor McGraw i a. 1.23 City of Round Rock Regular City Council Meeting January 8, 2009 Page 2 of 9 Nays: None ACTION: The motion carried unanimously. PRESENTATIONS: :• 6A1. Consider a presentation regarding the City's Friendly Rock Utility Assistance Program. Assistant City Manager Cindy Demers made the staff presentation and updated the Council on the City's Friendly Rock Utility Assistance program since the optional $1.00 donation was added to the bill. ORDINANCES: 7A1. Consider an ordinance amending Section 4.01 of the Human Resources Policies and Procedures Manual concerning the Group Insurance Plan relating to Active Employees and Retiree Eligibility. (First Reading) Teresa Bledsoe, Human Resources Director made the staff presentation for items 7A1, 8C1, 8C2, 8C3, and 8C4 all at once. ORDINANCE NO. . AN ORDINANCE AMENDING SECTION 4.01 OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL, CONCERNING THE GROUP INSURANCE PLAN RELATING TO ACTIVE EMPLOYEES AND RETIREE ELIGIBILITY; 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 White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem 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 Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford 124 City of Round Rock Regular City Council Meeting January 8, 2009 Page 3 of 9 Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: The following items were considered out of order of the regular meeting agenda. 8C1. Consider a resolution authorizing the Mayor to execute the Wal-Mart Stores, Inc., WMS Division Agreement to Provide Services: Traditional Co-Pay Plan. Teresa Bledsoe made the staff presentation for this item earlier in the meeting during item 7A1. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services regarding pharmaceutical benefits for eligible individuals, and WHEREAS, Wal-Mart Stores, Inc., WMS Division ("WMS") has submitted an Agreement to provide said services, and WHEREAS,the City Council desires to enter into said agreement with WMS, Now Therefore BE IT RESOLVED BY 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 entitled "Wal-Mart Stores, Inc., WMS Division Agreement to Provide Services: Traditional Copay Plan," along with Attachment 1 entitled "HIPAA Business Associate Addendum" and Attachment 2 entitled "Client Benefit Plan Design (BPD) Application for Prescription Program 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 January, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C2. Consider a resolution authorizing the Mayor to execute the Extend Retiree Program Agreement with Extend Health, Inc.Teresa Bledsoe made the staff presentation for this item earlier in the meeting during item 7A1. v; 125 City of Round Rock Regular City Council Meeting January 8, 2009 Page 4 of 9 RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional services to provide Medicare supplemental health benefits coverage for eligible individuals, and WHEREAS, Extend Health Inc. has submitted a Retiree Program Agreement to provide eligible individuals access to the program's retiree benefit plans, and WHEREAS, the City Council desires to enter into said agreement with Extend Health 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 Extend Retiree Program Agreement with Extend Health Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended RESOLVED this 8th day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C3. Consider a resolution authorizing the Mayor to execute an Amendment to the Plan Document of the City of Round Rock with Aetna Life Insurance Company. Teresa Bledsoe made the staff presentation for this item earlier in the meeting during item 7A1. RESOLUTION NO. WHEREAS, the City of Round Rock previously entered into a Health Plan Document ("Plan Document") with Aetna to provide City employees with health care benefits, and WHEREAS, Aetna has submitted an Amendment to the Plan Document, and WHEREAS, the City Council desires to enter into said.Amendment to the Plan Document with Aetna, Now Therefore BE IT RESOLVED BY THE CITY 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 Amendment to the Plan Document with Aetna, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act Chapter 551 Texas Government Code as amended. RESOLVED this 8th day of January, 2009. 126 City of Round Rock Regular City Council Meeting January 8, 2009 Page 5 of 9 MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt . Councilmember White Councilmember Salinas e Sa nas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford , Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C4. Consider a resolution authorizing the MaVor to execute a letter from Aetna dated December 12, 2008 indicating acceptance of Aetna's health benefits services for the renewal of the 2009 policy period.Teresa Bledsoe made the staff presentation for this item earlier in the meeting during item 7A1. RESOLUTION NO. WHEREAS, the City of Round Rock previously entered'into a Health Plan Document with • Aetna to provide City employees with health care benefits, and WHEREAS, Aetna has submitted a letter dated December 12, 2008 regarding renewal of the 2009 policy, and WHEREAS,the City Council desires to approve said letter, Now Therefore BE IT RESOLVED BY THE CITY 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 letter from Aetna dated December 12, 2008 indicating acceptance of Aetna's health benefits services for the renewal of the 2009 policy period, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 8th day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 127 City of Round Rock Regular City Council Meeting January 8, 2009 Page 6 of 9 Mayor McGraw continued with the order of the agenda. 8A1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 to the construction contract with Garnet/Companies, Inc. for the Raw Water Delivery System— • Pipeline Project, Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Garnet'Companies, Inc. for the Raw Water Delivery System—Pipeline 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 Garney Companies, Inc. for the Raw Water Delivery System —Pipeline Project, a copy of said change order being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 8th day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8131. Consider a resolution authorizing the Mayor to execute the Supplemental Contract No. 1 with Page Southerland Page, LLP for the Southwest Downtown District Utility • and Street Improvements Phase II project. This item was pulled from the agenda at the request of staff. 862. Consider a resolution authorizing the Mayor to execute a Construction Contract with BRH Garver Construction for the Phase 1B Southwest Area Downtown Infrastructure Proiect. Tom Martin,Transportation Services Director, made the staff presentation. 128 City of Round Rock Regular City Council Meeting January 8, 2009 Page 7 of 9 RESOLUTION'NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Phase 1B Southwest Area Downtown Infrastructure Project, and WHEREAS, BRH Garver Construction has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid-of BRH Garver 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 BRH Garver Construction for the Phase , 113 Southwest Area Downtown Infrastructure Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 8th day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution: Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C1. Consider a resolution authorizing the Mayor to execute the Wal-Mart Stores, Inc., WMS Division Agreement to Provide Services:Traditional Co-Pay Plan. This item was considered earlier in the meeting out of the order of the original agenda. 8C2. Consider a resolution authorizing the Mayor to execute the Extend Retiree Program Agreement with Extend Health, Inc.This item was considered earlier in the meeting out of the order of the original agenda. 8C3. Consider a resolution authorizing the Mayor to execute an Amendment to the Plan Document of the City of Round Rock with Aetna Life Insurance Company. This item was considered earlier in the meeting out of the order of the original agenda. 8C4. Consider a resolution authorizing the Mayor to execute a letter from Aetna dated December 12, 2008 indicating acceptance of Aetna's health benefits services for the sus .'•M � 129 City of Round Rock Regular City Council Meeting January 8, 2009 Page 8 of 9 renewal of the 2009 policy period.This item was considered earlier in the meeting out of the order of the original agenda. 8D1. Consider a resolution authorizing the Mayor to execute the First Amendment to • the Behrens Ranch Development Agreement. David Kautz, Assistant City Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement with Behrens Subdivision, Ltd. ("Developer"), regarding a public improvement district, and WHEREAS, the City Council now wishes to enter into a First Amendment to the Agreement to modify certain terms and conditions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a First Amendment to Development Agreement with Behrens Subdivision, Ltd., 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 8th day of January, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 9A1. Consider appointing a Citizen Advisory Committee for implementation of a • Photographic Traffic Signal Enforcement System. David Bartels made the staff presentation on regarding the appointments to the Red Light Camera Advisory Committee. The following names are the appointments made each Councilmember. Mayor McGraw appointed Rex Bowlin. Mayor Pro-Tem Clifford appointed Melissa Wheeler. 130 City of Round Rock Regular City Council Meeting January 8, 2009 Page 9 of 9 Councilmember Honeycutt appointed Robert Pearson. Councilmember White appointed Felix Munson. Councilmember Salinas appointed Jaime Alaniz. Councilmember Rhode appointed Anthonyncristi. • pP Y Councilmember Whitfield appointed Brent Campbell. MOTION: Councilmember Whitfield moved to accept the appointments stated. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 961. Consider appointing 1 person to the Historic Preservation Commission. Results from a poll of the Council follow: Natalie Bogue 3 votes Mario Carlin 3 votes Doug LaFoy 1 votes Gunnar Ristroph 0 votes The first poll of the council resulted in a tie between Natalie Bogue and Mario Carlin. A second poll of the Council was conducted. The results of the poll follow: Natalie Bogue 5 votes APPOINTED Mario Carlin 2 votes ADJOURNMENT There being no further business,the meeting adjourned at 8:10 p.m. Respectfully Submitted, ��7'V4c '. g* • Sara L. White, City Secretary 131 City of Round Rock Special Called City Council Meeting January 22, 2009 The Round Rock City Council met in a Special Called Session on Thursday, January 22, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—6:30 P.M. • Mayor McGraw called the meeting to order at 6:32 p.m. ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. Councilmember George White was absent from this meeting. 3A1. Consider Executive Session as authorized by §551.071 Government Code, related to consultation with Attorney regarding the ongoing Oncor rate case. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 6:35 p.m. and adjourned at 6:50 p.m. 3A2. Consider Executive Session as authorized by §551.072 Government Code, related to the purchase of real property to wit: Approximately 110 acres owned by Cypress Semiconductor and located between Cypress Boulevard and Interstate 35. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 6:50 p.m. and adjourned at 7:10 p.m. ADJOURNMENT There being no further business,the meeting adjourned at 7:11 p.m. Respectfully Submitted, 5t'�- tt" Sara L. White, City Secretary • 132 City of Round Rock Regular City Council Meeting January 22, 2009 The Round Rock City Council met in Regular Session-on Thursday, January 22, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M.' Mayor McGraw called the meeting to order at 7:11 p.m. • ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. Councilmember George White was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag CITIZEN COMMUNICATION Larry Yawn, 3208 Whisperingwoods Court, Round Rock, read a statement from William Orange supporting the Behrens Ranch Amendment to the Development Agreement that was approved by the City Council on January 8, 2009 and the Declaration of Restrictive Covenants that the Council is considering at this meeting. APPROVAL OF MINUTES: 5A. Consider approval of the City Council minutes for January 8, 2009. MOTION: Councilmember Clifford moved to approve the minutes for January 8, 2009. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. PRESENTATIONS: 133 City of Round Rock Regular City Council Meeting January 22, 2009 Page 2 of 18 6A1. Consider a presentation on the City's financial status. Cheryl Delaney, Finance Director made the staff presentation. She updated the Council on the current sales tax numbers and informed them that even though sales tax is down, the 2008-2009 budget is still • being met. 661 Consider a presentation on the Transportation Capital Improvement Program (TCIP) Quarterly Report. John Dean made the staff presentation and went over the status of all projects included in the TCIP. 6C1 Consider a presentation and discussion regarding the conceptual design of the City Hall Policy Center. David Bartels, made the staff presentation and representatives from the architects also made a presentation and covered the conceptual designs and layouts that are being considered. 6D1 Consider a presentation and discussion regarding the. West Side Recreation Center. Rick Atkins Parks and Recreation Director made the staff presentation on the West Ce • Side Rec Center. The following items were considered out of the order of the regular agenda: 9A1. Consider a resolution approving the reimbursement to Behrens Subdivision N.G., LTD. for public improvements. David Kautz, Assistant City 'Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement with Behrens Subdivision, Ltd. ("Developer"), regarding a public improvement district (the Agreement"), and WHEREAS, on January 8, 2009, the City Council adopted Resolution No, R-09-01-08-8D1, which authorized the Mayor to execute the First Amendment to the Agreement modifying certain terms and conditions of that Agreement (the "Amendment"); WHEREAS, pursuant to the Amendment, the City desires to reimburse Developer the amount of THREE MILLION THREE HUNDRED NINETY-EIGHT THOUSAND AND NO/100 DOLLARS • ($3,398,000.00) for costs incurred by Developer for the construction of public improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Director of Finance is hereby authorized to reimburse to Developer, or its assigns, the sum of THREE MILLION THREE HUNDRED NINETY-EIGHT THOUSAND AND NO/100 DOLLARS ($3,398,000.00), pursuant to Section 1 of the Amendment. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 134 City of Round Rock - Regular City Council Meeting January 22, 2009 Page 3 of 18 the subject matter hereof were discussed, considered and formally acted upon, all as required by P the Open Meeting P s Act Chapter 551 Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9D1 Consider a resolution authorizing the Mayor to execute a Declaration of Restrictive Covenants regarding 226 acres located in the Behrens Ranch Subdivision. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS 226 acres of open space ("Property") located within the Behrens Ranch is , Subdivision has been conveyed to the City of,Round Rock,Texas ("City"), and WHEREAS, the City wishes to enter into a Declaration of Restrictive Covenants with respect to the development of said Property,as a 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 Declaration of Restrictive Covenants, 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 22nd day of January, 2009. MOTION: Councilmember Whitfield moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. dor 135 Cit f Round Rock Reg City Council Meeting Janu 212009 Page 3 S the subject ter hereof were discussed, considered and formally acted upon, all as required by the Open ings Act, Chapter 551,Texas Government Code, as amended. RESOLV is 22nd day of January, 2009. MOTION: ncilmember Rhode moved to approve the resolution. Mayor Pro-Tem • Clifford seconded the ; ion. VOTE: Ayes Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford ayor McGraw Nays: ne Absent: cilmember White ACTION: The motion carried u ously. `- 9D1. Consider a resolution au izing the Mayor to execute a Declaration of Restrictive Covenants regarding 226 acres t ted in the Behrens Ranch Subdivision. Rick Atkins, Parks and Recreation Director made the, presentation. RESOLUTION NO. • WHEREAS, 226 acres of open space ("Propp located within the Behrens Ranch Subdivision has been conveyed to the City of Round Ro xas ("City"), and WHEREAS, the City wishes to enter into a De\� ion of Restrictive Covenants with respect to the development of said Property as a park, IVo" erefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RQ ROCK, TEXAS, That the Mayor is hereby authorized and directed\t ecute on behalf of the City a Declaration of Restrictive Covenants, a copy of same being'a',\ ed hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written ' of the date, hour, place and subject of the meeting at which this Resolution was adopt s posted and that such meeting was open to the public as required by law at all times duri ich this Resolution and the subject matter hereof were discussed, considered and formally, upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as',a ` ed. RESOLVED this 22nd day of January, 2009. MOTION: Councilmember Whitfield moved to approve the res \ " Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw \ Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 1 � 1 136 City of Rounc(fftock Regular City Council Meeting January;_22, 2009 Page 4 of 18 Mayor McGraw continued with the regular order of the agenda. ; PUBLIC HEARINGS: 7A1. Consider public testimony regarding proposed amendments to Sections 8.116 art% • and 11.301, Round Rock Code of Ordinances, regarding Subdivision"a' nd Zoning fees. Jim Stendebach, Planning and Community Development made the staff.{ resentation. Mayor McGraw opened the public hearing. f There being no testimony, the public,hearing was closed. 7A2. Consider public testimony regarding proposed amendments to Chapter 11, Round Rock Code of Ordinances, to establish a definition for,"Research and Development" and to identify the zoning districts in which the use will'be allowed; and to amend the definition of "Hazardous Material" and "Light Industrial Service, Manufacturing and Assembly." Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public.hearing. There being no testimony,the public-hearing was closed. • 7A3. Consider public testimony regarding an application filed by Palm Valley Lutheran Church to rezone 3,284 square feet of land from the PF-3 (Public Facilities — High Intensity) zoning district to the PF-3-H (Public Facilities — High Intensity with Historic Zoning Overlay) zoning district (Palm Valley.Lutheran Church Sanctuary Building). Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public'hearing was closed. ORDINANCES: 8A1. `Consider an ordinance amending Chapter 9, Section 9.503, Round Rock Code of Ordinances, amending a school speed zone on Gattis School Road. (First Reading)(Requires Two • Readings) Tom Martin, Transportation Services Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING A SCHOOL SPEED ZONE ON GATTIS SCHOOL r. 137 City of Round Rock Regular City Council Meeting January 22, 2009 Page 5 of 18 ROAD; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 8131. Consider an ordinance amending Sections 8.116 and 11.301. Round Rock Code of Ordinances, regarding Subdivision and Zoning fees. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation earlier during the meeting. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTERS 8 AND 11, SECTIONS 8.116 AND 11.301, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING SUBDIVISION AND ZONING FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the • ordinance with the unanimousn consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield 138 City of Round Rock Regular City Council Meeting January 22, 2009 Page 6 of 18 Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 862. Consider an ordinance amending Chapter 11, Round Rock Code of Ordinances, to • establish a definition for "Research and Development" and to identify the zoning districts in which the use will be allowed; and to amend the definition of "Hazardous Material' and "Light Industrial Service, Manufacturing and Assembly." (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.402, 11.412, 11.413, 11.414, 11.415.2, 11.423, AND 11.802 CODE OF ORDINANCES (1995 EDITION),; CITY OF ROUND ROCK, TEXAS, TO AMEND PERMITTED USES, TO AMEND THE DEFINITIONS OF "HAZARDOUS MATERIAL" AND "LIGHT INDUSTRIAL SERVICE, MANUFACTURING AND ASSEMBLY", AND TO ADD THE .DEFINITION OF "RESEARCH AND DEVELOPMENT"; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode ;moved to adopt the ordinance. Councilmember • Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense,with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas , • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford' Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 139 City of Round Rock Regular City Council Meeting January 22, 2009 Page 7 of 18 8133. Consider an ordinance to rezone 3,284 square feet of land from the PF-3 Public Facilities — High Intensity) zoning district to the PF-3-H (Public Facilities — High Intensity with Historic Zoning Overlay) zoning district (Palm Valley Lutheran Church Sanctuary Building). (First • Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 3,284 SQUARE FEET OF LAND, KNOWN AS THE 1894 SANCTUARY BUILDING OF THE PALM VALLEY LUTHERAN CHURCH, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PF-3 (PUBLIC FACILITIES — HIGH INTENSITY) TO DISTRICT PF-3-H (PUBLIC FACILITIES—HIGH INTENSITY WITH THE HISTORIC ZONING OVERLAY). MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White 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 to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. RESOLUTIONS: 140 City of Round Rock Regular City Council Meeting January 22, 2009 Page 8 of 18 9A1. .Consider a resolution approving the reimbursement to Behrens Subdivision N.G., LTD. for public improvements. This item was considered earlier in the meeting out of the regular order of the agenda. 9131. Consider a resolution approving the Operating Budget for the Round Rock • Transportation System Development Corporation for FY 2008-2009. Cheryl Delaney, Finance Director made the staff presentation. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation has submitted a proposed operating budget for fiscal year 2008-2009, and WHEREAS, the City Council wishes to approve said proposal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the operating budget submitted by and for the Round Rock Transportation System Development Corporation for fiscal year 2008-2009, 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, RESOLVED this 22nd day of January, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9C1. Consider a resolution authorizing the Mayor to execute a construction contract with Prism Development, Inc. for the Additions and Renovations to the Vehicle Maintenance Facility and authorizing the Mayor to execute a Standard Form of Agreement. Tom Word, Chief • of Public Works, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously determined in Resolution No. R-07-03- 08-12A1 that "Competitive Sealed Proposal' is the delivery method which provides the best 141 City of Round Rock Regular City Council Meeting January 22, 2009 Page 9 of 18 value for the City for the additions and renovations to the Vehicle Maintenance Facilities located at 901 Luther Peterson Place, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Prism Development, Inc. is the offeror which offers the best value for the City, 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 Prism Development, Inc., 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 Prism Development, 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 Prism Development, Inc. for the additions and renovations to the Vehicle Maintenance Facilities located at 901 Luther Peterson Place,.a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9D1. Consider a resolution authorizing the Mavor to execute a Declaration of Restrictive Covenants regarding 226 acres located in the Behrens Ranch Subdivision. This item was considered earlier in the meeting out of the regular order of the agenda. 9D2. Consider a resolution authorizing.the Mavor to execute Change Order No. 2 with • Journeyman Construction for the Old Settlers Park Sports Complex Improvements Proiect "B." Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Journeyman Construction, Inc. for the OSPV Sports Complex Improvements Project "B", and 142 City of Round Rock Regular City Council Meeting January 22, 2009 Page 10 of 18 WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, • Contract Change Order No. 2 to the Contract with Journeyman Construction, Inc. for the OSPV Sports Complex Improvements Project "B", 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 January, 2009. MOTION: Councilmember .Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9E1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Fisher Hagood, Inc. for the Westside Recreation Center Utilities rp oiect. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Westside Recreation Center Utilities Project, and WHEREAS, Fisher Hagood, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Fisher Hagood, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby-authorized and directed to execute on behalf of the City a • Contract for Engineering Services with Fisher Hagood, Inc. for the Westside Recreation Center Utilities Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which.this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. ` 143 City of Round Rock Regular City Council Meeting January 22, 2009 Page 11 of 18 MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9E2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 to the construction contract with Excel Construction Services, LLC for the 7.5 MG High Services Pump Improvements Project at the Water Treatment Plant. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Excel Construction Services, LLC for the 7.5 MG High Service Pump-Improvements Project at the Water Treatment Plant, 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 Excel Construction Services, LLC for the 7.5 MG High Service Pump Improvements Project at the Water Treatment Plant, 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 January, 2009. MOTION: Mayor Pro-Tem ,Clifford..moved..to..approye the resolution. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None 144 City of Round Rock Regular City Council Meeting January 22, 2009 Page 12 of 18 Absent: Councilmember White ACTION: The motion carried unanimously. 9E3. Consider a resolution authorizing the Mayor to execute a construction contract with Patin Construction, LLC for Unit 2 of the 2006-2007 Wastewater Collection System • Rehabilitation Project. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Unit 2 of the 2006-2007 Wastewater Collection System Rehabilitation Project, and WHEREAS, Patin Construction, LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Patin Construction, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Patin Construction, LLC for the Unit 2 of the 2006-2007 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 January, 2009. • MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9E4. Consider a resolution authorizing the Mayor to execute the revised First Amendment to the Master Contract for the Financing, Construction, and Operation of the Brushy Creek Regional Utility Authority, Inc. Regional Water Treatment and Distribution Proiect. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Master Contract for the Financing, Construction and Operation of the BCRUA Regional Water Treatment and Distribution Project with Brushy Creek Regional Utility Authority, Inc., the City of Cedar Park, and the City of Leander(the "Parties"), and ;: . 1.45 City of Round Rock Regular City Council Meeting January 22, 2009 Page 13 of 18 WHEREAS, the City now desires to enter into a First Amendment to the Master Contract to reflect the new operational date of April 1, 2012, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS; That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to the Master Contract for the Financing, Construction and Operation of the • BCRUA Regional Water Treatment and Distribution Project, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009a MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. • 9F1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Program (TCIP). John Dean made the staff presentation. 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 22nd day of January, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. 146 City of Round Rock Regular City Council Meeting January 22, 2009 Page 14 of 18 VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9F2. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the relocation of water and wastewater lines on FM1460 (A.W. Grimes North). Tom Martin, Transportation Services Director made the'staff presentation. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match ("Agreement") with the State of Texas, acting through the Texas Department • of Transportation regarding the FM 1460 (now known as A.W. Grimes) Water and Wastewater Lines Relocation 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 Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 4 k City of Round Rock Regular City Council Meeting January 22, 2009 Page 15 of 18 9F3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering. Inc. for the Meister Lane project. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Meister Lane 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 Meister Lane Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. • MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9F4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with CP&Y, Inc. for traffic signal improvements on A.W. Grimes at Logan Road and Round Rock Ranch Boulevard at Gattis School Road. Tom Martin, Transportation Services Director made the staff presentation. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the traffic signal improvements on A. W. Grimes at Logan Road and Round Rock Ranch at Gattis School Road Project, and WHEREAS, CP&Y, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with CP&Y, Inc., Now 148 City of Round Rock Regular City Council Meeting January 22, 2009 Page 16 of 18 Therefore BE IT RESOLVED BY THE 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 CP&Y, Inc. for the traffic signal improvements on A. W. Grimes at Logan Road and Round Rock Ranch at Gattis School Road Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. • 9175. Consider a resolution authorizing the Mayor-to execute an Annual Contract for General Engineering Services with Huggins/Seiler & Associates, L.P. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain general engineering services, and WHEREAS, Huggins/Seiler & Associates, L.P. has submitted an Annual Contract for General Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Huggins/Seiler & Associates, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Annual Contract for General Engineering Services with Huggins/Seiler & Associates, L.P., a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of January, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. 149 City of Round Rock Regular City Council Meeting January 22, 2009 Page 17 of 18 VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. 9F6. Consider a resolution authorizing the Mayor to execute a Nonprofit Funding Agreement with the Clean Air Force of Central Texas to provide educational public outreach and Programs dedicated to safeguarding and improving air quality in Central Texas. John Dean made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local nonprofit agencies to identify and help fund valuable, needed community services, and . WHEREAS, the City of Round Rock has received a request for funds from Clean Air Force of Central 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 educational public outreach and programs dedicated to safeguarding and improving air quality in central Texas, and WHEREAS, the City Council desires to enter into a Nonprofit 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 Nonprofit 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 22nd day of January, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember White ACTION: The motion carried unanimously. EXECUTIVE SESSION: 150 City of Round Rock Regular City Council Meeting January 22, 2009 Page 18 of 18 10A1. Consider Executive Session as authorized by §551.072 Government Code, related to the purchase of real property to wit: Approximately 110 acres owned by Cypress Semiconductor and located between Cypress Boulevard and Interstate vp to state 35. This item was completed during the earlier work session and was not considered again. ADJOURNMENT There being no further business,the meeting adjourned at 9:04 p.m. Respectfully Submitted, Sara L. White, City Secretary • 151 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 The Round Rock City Council met in Regular Session on Thursday, February 12, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. • Mayor McGraw called the meeting to order at 7:03 p.m. ROLL CALL:Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield.Also present were City Manager Jim Nuse,Assistant Manager David Kautz,Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag • CITIZEN COMMUNICATION Cindy Demers, Round Rock Assistant City Manager, recognized Becca Ramsey, Utility Accountant and her son Hayden for donating money he won back to the VFW. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *6A. Consider approval of the City Council minutes for January 22, 2009. *9A1. Consider an ordinance amending Chapter 9, Section 9.503, Round Rock Code of Ordinances, amending a school speed zone on Gattis School Road. (Second Reading) • *10A1.Consider a resolution authorizing the Mayor to execute an addendum to the Depository and Banking Services Contract with Bank of America, said addendum adding "Image Cash Letter Services Amendment to the Terms and Conditions." -MOTION: Councilmember Honeycutt moved to approve the consent agenda. Councilmember Rhode seconded the motion. 152 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 2 of 17 VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Mayor McGraw Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for January 22, 2009. This item was approved under the consent agenda. PROCLAMATIONS: 7A1. Consider proclaiming February 16-22 as Sertoma National Freedom Week. Mayor McGraw read the following proclamation and presented it to Marvin Felux. WHEREAS, we believe man was endowed by his Creator with certain inalienable rights, and among those rights is—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, I, Alan McGraw, Mayor of the City of Round Rock, do hereby proclaim the week of February 16-22, 2009 as "SERTOMA FREEDOM WEEK" in the City of Round Rock and urge all citizens to support the objectives of the Sertoma Club and of Freedom Week. PROCLAIMED this 12th day of February 2009. 761. Consider proclaiming February as Black History Month. Mayor McGraw read the following proclamation and presented it to Demetria Barksdale of the Voice of Round Rock, Jessie Carson, of Sweet Home Baptist Church of Round Rock, Doris McDonald of the African American Chamber of Commerce of Williamson County, Michelle Cervantes of the Round Rock Public Library and Deacon Ernest Holly of the Good Hope Missionary Baptist Church. 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 hundreds of 153 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 3 of 17 years and includes some of the most advanced and innovative societies in our history who we can 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 ,r. • dignity and opportunity, and advanced the cause of civil rights; and WHEREAS, several churches and organizations in the community host events to commemorate Black History Month, including The Voice of Round Rock, the African American Chamber of Commerce of Williamson County, Sweet Home Baptist Church of Round Rock, Good Hope Missionary Baptist Church,the Round Rock Public Library,the Round Rock Independent School District, and many other organizations; NOW,THEREFORE, I, ALAN McGRAW, Mayor of the City of Round Rock, do proclaim the month of February 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 community's many celebrations. PROCLAIMED this 12th day of February 2009. PRESENTATIONS: 8A1. Consider a presentation and discussion regarding the Play for All Abilities Playground. Rick Atkins, Parks and Recreation Director made the staff presentation. David Buzzell presented the Council with the details on the playground and what all will be included. • Rick Atkins covered the cost estimate of the project and finally Marge Tripp also presented to the Council regarding this playground and thanked the Council for their time and also introduced a few families that attended the Council meeting. ORDINANCES: *9A1. Consider an ordinance amending Chapter 9, Section 9.503, Round Rock Code of Ordinances, amending a school speed zone on Gattis School Road. (Second Reading) This item was approved under the consent agenda. 9A2. Consider an ordinance changing the name of a portion of Bowman to "Tiger Trail" in honor of the Stony Point High School Tigers, said portion being from Bowman Road's intersection with Sunrise Boulevard, east to the city limits line. (First Reading) Tom Word made • the staff presentation. Albert Hernandez, Principal at Stoney Point High School thanked the Council for their support and for the name change. ORDINANCE NO. AN ORDINANCE CHANGING THE NAME OF A PORTION OF BOWMAN ROAD TO TIGER TRAIL; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember 154 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 4 of 25 White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None 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 to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None ACTION: The motion carried unanimously. Mayor McGraw dispensed with the order of the agenda and moved the following item up in consideration. 10C2. Consider a resolution authorizing the City Council to name the proposed westside recreation center, Legacy Fieldhouse. Rick Atkins, Parks and Recreation Director made the staff presentation. He introduced the families of three young Round Rock individuals that lost their lives that will be remembered by the name Legacy Fieldhouse. RESOLUTION NO. WHEREAS, the City Council has previously adopted Resolution No. R-02-11-26-10C1 adopting policy and procedures for naming City Facilities, and WHEREAS, a written request was submitted to the City Manager to name the proposed westside recreation center, Legacy Fieldhouse, and • WHEREAS, in accordance with the adopted policy a committee composed of the City Manager, Director of the Library, Director of Planning and Community Development, and the Director of Parks and Recreation researched, reviewed and studied the request and supporting documents, and WHEREAS, said committee has submitted its recommendation to the City Council to name the proposed westside recreation center, Legacy Fieldhouse, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the proposed westside recreation center hereafter be named the Legacy Fieldhouse. 155 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 5 of 25 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. MOTION: Councilmember White moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously Mayor McGraw continued with the order of the agenda. 9131. Consider an ordinance annexing approximately 0.51 acres, being East Old • Settlers Right-of-Way immediateiv west of Brenda Lane. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.51 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 156 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 6 of 25 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 Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9132. Consider an ordinance annexing approximately 1.345 acres, being East Old Settlers Right-of-Way immediately east of Brenda Lane. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND.CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 1.345 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT • NO. 173, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Salinas.seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw 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 Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White l i 157 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 7 of 25 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford .>. Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: _ *10A1.Consider a resolution authorizing the Mayor to execute an addendum to the Depository and Banking Services Contract with Bank of America, said addendum adding Image Cash Letter Services Amendment to the Terms and Conditions." This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City entered into a Depository and Banking Services Contract with Bank of America, N.A. by Resolution R-07-04-26-12D1, same being dated April 26, 2007, and WHEREAS,the term of the current Contract extends until May 31, 2009, and WHEREAS, the City and Bank of America, N.A. now desire to add certain amendments, addenda, and agreements to the original Depository and Banking Services Contract package, • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS: I. That the Mayor is hereby authorized and directed to execute on behalf of the City the following: "Image Cash Letter Services Amendment to the Terms and Conditions," a copy of same being attached hereto as Exhibit "I," and same is incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. 10A2. Consider a resolution authorizing property tax refunds to Celerity, Inc. for 2006 and 2007 taxes totaling $55,352.88. Cheryl Delaney, Finance Director made the staff presentation. 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, Celerity, Inc. has made an overpayment or erroneous payment of 2006 and 2007 taxes in the amount of $55,352.88; that such amount is 158 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 8 of 25 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$55,352.88. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted wasposted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councifinember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 10131. Consider a resolution authorizing the Mayor to execute an agreement with Holmes Murphy & Associates for provision of employee benefit consulting services. Teresa Bledsoe, Human Resources Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services regarding the City's benefit programs, and WHEREAS, Holmes Murphy & Associates has submitted an Agreement for Provision of Employee Benefit Consulting Services ("Agreement")to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Holmes Murphy& Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Provision of Employee Benefit Consulting Services with Holmes Murphy & Associates regarding the City's benefit programs, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended RESOLVED this 12th day of February, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. 159 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 9 of 25 VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode ,. Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10C1. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Chasco Constructors for the Old Settlers Park Sports Complex Improvements Project "A." Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Chasco Constructors for the Old Settlers Park Sports Complex Improvements Project "A", and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, Contract Change Order No. 2 to the Contract with Chasco Constructors for the Old Settlers Park Sports Complex Improvements Project "A", 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 February, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Council,mermber..Salinas,_.;: Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 160 ®RAFT ii iNUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 10 of 25 10C2. Consider a resolution authorizing the City. Council to name the proposed westside recreation center, Legacy Fieldhouse. This item was considered earlier in the meeting, out of the order of the regular agenda.- • 10131. Consider a resolution authorizing the Mayor to execute an Amended and Restated Financing Agreement between the Brushy Creek Regional Utility Authority and the Texas Water Development Board for the Regional Water System Project. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock, Texas (the "City") as a participating member of the Brushy Creek Regional Utility Authority, Inc, (the "BCRUA") has previously approved the BCRUA executing a financing agreement with the Texas Water Development Board ("TWDB") regarding the purchase of a series of bonds to be issued by the BCRUA for the City related to the BCRUA Project; and WHEREAS, due to the delay of the BCRUA Project, the TWDB has submitted a new Financing Agreement for approval; and WHEREAS, it is hereby further officially found and determined that public notice of the time, place, and purpose of this meeting was given, all as required by Texas Government Code, Chapter 551; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,THAT: SECTION 1. FINANCING AGREEMENT. The City approves the BCRUA executing a financing agreement with the TWDB in substantially the form and substance attached hereto as Exhibit "A" with such changes as may be approved by the City Attorney and bond counsel to the BCRUA in connection with the BCRUA issuing one or more series of bonds to finance the BCRUA Project as described in the Master Contract. The City Manager is hereby delegated the authority to confer with the BCRUA General Manager regarding approval of TWDB financing rates in accordance with the financing agreement. SECTION 2. IMMEDIATE EFFECT. This Resolution shall take effect immediately from and after its adoption in accordance with the law. The City Manager is authorized to take such actions as necessary to implement this Resolution. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford 161 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 11 of 25 Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10D2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Camp Dresser & McKee, Inc. for the 2009 Water Treatment Plant Rehabilitation and 1.5 MG Clearwell prosect.. Michael Thane, Utilities Director made the staff presentation. - RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2009 Water Treatment Plant Rehabilitation and 1.5 MG Clearwell 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 2009 Water Treatment Plant Rehabilitation and 1.5 MG Clearwell Project, a copy of said contract being • attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None;.. . ACTION: The motion carried unanimously. i 10D3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with S.D. Kallman, LP for the Greenslopes A/C Waterline Replacement rp olect. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. 162 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 12 of 25 WHEREAS, the City of Round Rock desires to retain engineering services for the Greenslopes asbestos-cement (A/C) Waterline Replacement Project, and WHEREAS, S.D. Kallman, L.P. has submitted a Contract for Engineering Services to provide said services,and WHEREAS, the City Council desires to enter into said contract with S.D. Kallman, L.P., • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with S.D. Kallman, L.P. for,the Greenslopes asbestos-cement (A/C) Waterline Replacement Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. MOTION: Councilmember White moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10E1. Consider a resolution calling the May 9, 2009'General Election. Sara White, City Secretary made the staff presentation. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION FOR MAY 9, 2009 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. STATE OF TEXAS § COUNTIES OF TRAVIS § KNOW ALL BY THESE PRESENTS: AND WILLIAMSON § CITY OF ROUND ROCK § WHEREAS, pursuant to the provisions of the Texas Election Code (as amended), other 163 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 13 of 25 related statutes, and its Home Rule Charter, the City Council of the City of Round Rock, Texas, is authorized to order a city election for the purpose of electing Councilmember Place 3, and Councilmember Place 5; and WHEREAS, the City Council has determined that Saturday, May 9, 2009 is the .,.. ; appropriate date for holding such election, and that date allows sufficient time to comply with requirements of law; and WHEREAS, the City Council wishes to encourage all registered voters in the City of Round Rock to vote in this election; and :. WHEREAS, it is hereby officially found and determined that the written public notice of the date, hour, place, purpose and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open tothe public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 of the Texas Government Code (as amended); Now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,THAT: Section 1. ELECTION DATE, PRECINCTS AND POLLING PLACES,AND ELECTION JUDGES. Election Date. An election shall be held on Saturday, May 9, 2009 in accordance with the attached Order of Election, which Order of Election is labeled as Exhibit "A" and incorporated herein by reference for all purposes. Precincts and Polling Places. The City hereby designates the election precincts and polling places designated by the Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such Election Day voting. Further, the City hereby designates the early voting polling places and the temporary polling places designated by the Williamson County Elections Administrator, and approved by the Williamson County • Commissioners Court,for early voting in such election. Election Judges. The Williamson County Elections Administrator is conducting such election for the City pursuant to the terms of an Election Services Contract. The City Council hereby appoints, for the term of such election, the presiding election judge(s) and alternate election judge(s) as being those designated by the Williamson County Elections Administrator. Section 2. ELECTION CLERKS. The presiding election judge is hereby authorized to appoint the number of election clerks necessary to assist in the proper conduct of the election, and such election clerks shall be qualified voters of the City of Round Rock, Texas. If the election is conducted by the regularly appointed presiding election judge, then the alternate presiding election judge shall be appointed to serve as one of the clerks. The appointment of such clerks shall include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. Section 3. EARLY VOTING. Early Voting Clerk. The City Council hereby appoints the Williamson County Elections Administrator as the City of Round Rock Election Officer and Early Voting Clerk. The Early Voting Clerk's mailing address to which ballot applications and ballots to be voted by mail may be sent is as follows: Williamson County Elections Administrator.: Post Office Box 209 Georgetown,TX 78627-0209 Applications for ballots by mail must be received not later than 5:00 p.m. on Friday, May 1, 2009. Dates for EarIV Voting. Early voting shall commence on Monday, April 27, 2009 and continue through Tuesday, May 5, 2009, as provided by the Texas Election Code and as shown on attached exhibits. Places for Early Voting. Early voting shall be conducted by personal appearance and by 164 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 14 of 25 mail at the early voting polling places designated by the Williamson County Elections Administrator and approved by the Williamson County Commissioners Court. Times for Early Voting. During the period in which early voting is required or permitted by law, that being April 27, 2009 through May 5, 2009, the hours designated for early voting by personal appearance shall be designated in writing by the Williamson County Elections • Administrator, and approved by the Williamson County Commissioners Court. Section 4. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board is hereby created to process early voting results, and the City hereby appoints the presiding judge of the Early Voting Ballot Board as appointed by the Williamson County Elections Administrator. Such presiding judge shall appoint not less than two (2) other qualified members to serve on such Board. Section 5. CUSTODIAN OF ELECTION RECORDS. Pursuant to the Texas Election Code and the applicable Election Services Contract, the Williamson County Elections Administrator shall serve as the custodian of voted ballots, and the City Secretary of Round Rock, Texas shall be appointed as custodian of all other election records. Section 6. CANDIDATE FILING PERIOD. In accordance with Section 143.007 of the Texas Election Code,the deadline for filing an application for a place on the ballot for this election is declared to be 5:00 pm Monday, March 9, 2009. Section 7. VOTERS. All resident, qualified voters of the City shall be entitled to vote at the election. Section 8. NOTICE. Posting. Notice of this election, including a Spanish translation hereof, shall be given by posting the appropriate documentation on the bulletin board used for posting notices of City • Council meetings, and same shall be posted not later than Friday, April 17, 2009 and shall remain posted through Election Day. Publication. Notice of this election, including a Spanish translation hereof, shall be published once in a newspaper of general circulation in the City, the publication to appear not earlier than April 9, 2009 nor later than April 27, 2009. Authorization to City Secretary. The City Secretary is,hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law. Section 9. VOTING DEVICES. Pursuant to the Election Code and the applicable Election Services Contract, the Williamson County Elections Administrator may use electronic voting systems and corresponding voting devices and equipment in conducting the election.The Williamson County Elections Administrator is currently using election systems and software certified by the Texas Secretary of State. The City Council of the City of Round Rock,Texas,finds as follows: Section 61.012, Texas Election Code, requires that at least one accessible voting station must be provided in each polling place used in a Texas election on or after January 1, 2006. Such system must comply with state and federal laws setting the requirements for voting systems that (i) fully comply with applicable laws relating to accessible voting systems which make voting accessible for disabled voters; and (ii) provide a practical and effective means for voters with physical disabilities to cast a secret ballot. The Office of the Texas Secretary of State • has certified that the DRE - Election Systems and Software iVotronic is an accessible voting system that may legally be used in Texas elections. Sections 123.032 and 123.035, Texas Election Code, authorize the acquisition of voting systems by local political subdivisions and further mandate certain minimum requirements for contracts relating to the acquisition of such voting systems. As chief elections officer for the City of Round Rock, the Williamson County Elections Administrator shall provide at least one DRE - Election Systems and Software iVotronic in each polling place at every polling location used to conduct any election ordered on or after January 1, 2006. The DRE - Election Systems and Software iVotronic may be acquired by any legal means available to the City of Round Rock, 165 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 15 of 25 including but not limited to lease or rental from Williamson County or from any other legal source, as authorized or required by Sections 123.032 and 123.035 of the Texas Election Code. The Williamson County Elections Administrator may also utilize a central counting station as provided by Texas Election Code § 127.000 et seq., as amended. • Section 10. CONDUCT ACCORDING TO STATUTES. In all substantive respects,the election shall be conducted in accordance with applicable provisions of the Texas Election Code, any other applicable statutes, and the City of Round Rock's Home Rule Charter. Section 11. ELECTION RESULTS. The Williamson County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on May,9, 2009. The official canvass, tabulation and declaration of the results of the election shall be'conducted by the City Council at a regular or special council meeting held in accordance with provisions of the Texas Election Code. Section 12. MISCELLANEOUS. The provisions of this Resolution are severable; and in case any one or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, then the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all in • accordance with and as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED on this the 12th day of February 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10E2. Consider a resolution authorizing the Mayor to execute a Contract for Election Services with the Williamson County Elections Administrator for the May 9, 2009 General Election. Sara White, City Secretary made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a contract with the Williamson County Elections Administrator to conduct the May 9, 2009 election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Contract for Election Services ("Contract"), and 166 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 16 of 25 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 a Contract for Election Services with the Williamson County Elections Administrator to conduct the May 9, 2009 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 12th day of February, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10E3. Consider a resolution authorizing the Mayor to execute a Joint Election • Agreement with Williamson County Participating Entities for the May 9, 2009 General Election. Sara White, City Secretary made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock is contracting with Williamson County to conduct and provide election services on May 9, 2009; and WHEREAS, other political subdivisions within the County have contracted or are contracting with Williamson County to conduct and provide election services on May 9, 2009; 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 167 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 17 of 25 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. -_ MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10E4. Consider a resolution authorizing the Mayor to execute a Professional Consulting Services agreement with Capitol Partners, Inc. Cindy Demers,Assistant City Manager, made the staff presentation. She also introduced Jonathan Orlaff, President of Capitol Partners, who introduced his firm and answered the Council's questions. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services in relation to identifying and securing federal funding for growth and development projects, and WHEREAS, Capitol Partners, Inc. has submitted an Agreement for Professional Public Affairs Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Capitol Partners, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Public Affairs Consulting Services with Capitol Partners, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 12th day of February; 2009., • MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield 168 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 18 of 25 Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10E5. Consider a resolution designating George White as the City of Round Rock's representative to the Brushy Creek Regional Utility Authority. Jim Nuse, City Manager made the staff presentation. Mr. Nuse thanked Councilmember Rhode for his service and what he has done for the BCRUA. Councilmember Rhode also thanked the Council for the opportunity to serve on the BCRUA. Councilmember White thanked Councilmember Rhode and made a short statement and thanked the Council for the opportunity to fill the shoes of Councilmember Rhode. RESOLUTION NO. WHEREAS, the cities of Round Rock, Cedar Park, and Leander, Texas have heretofore created a local government corporation pursuant to the provisions of Subchapter D, Chapter 431,Transportation Code; and WHEREAS, the three member cities have heretofore approved related Articles of Incorporation of the Brushy Creek Regional Utility Authority, Inc.; and WHEREAS, Article VI of such Articles of Incorporation provides for the appointment of Directors to the Board of Directors, such Directors being either the Mayor or a Councilmember of each member city; and WHEREAS, Article VI further provides for the appointment of a replacement Director should any Director cease to hold his/her elected position, and provides that the City Council of the member city shall appoint such replacement Director; and WHEREAS, Councilmember Scott Rhode, the Director appointed by Round Rock, has so ceased to hold his elected position; and WHEREAS, the Round Rock City Council desires to duly appoint its replacement Director; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS THAT: Councilmember George White 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 February, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 16.9 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 19 of 25 Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw ;• Nays: None ACTION: The motion carried unanimously. 10F1. Consider a resolution authorizing the Mavor to execute Supplemental Contract No 1 with Page Southerland Page LLP for the'Southwest Downtown District Utility and Street Improvements Phase II proiect. Tom Word, Chief of Public Works, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Page Southerland Page, L.L.P. for the Southwest Downtown District Utility and Street Improvements Phase II Project, and WHEREAS, Page Southerland Page, L.L.P. 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 Page Southerland Page, L.L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City • Supplemental Contract No. 1 to the Contract with Page Southerland Page, 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 12th day of February, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw.::.. Nays: None i ACTION: The motion carried unanimously. 10172. Consider a resolution authorizing the Mavor to execute Change Order No. 9 with RGM Constructors, LP for the Kiphen Road, Phase II Proiect. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. 170 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 20 of 25 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. 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 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 12th day of February, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10F3 Consider a resolution authorizing the Mayor to execute a Discretionary Service Agreement with Oncor to relocate overhead facilities to underground conduit duct banks for the Southwest Downtown Infrastructure Improvements Phase 1B Proiect. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is planning a street improvements project for the Southwest Area Downtown Infrastructure Phase 1B ("Project"), and WHEREAS, Oncor Electric Delivery Company LLC ("Oncor") has overhead electrical • facilities 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 facilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Discretionary Service Agreement with Oncor Electric Delivery Company 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 r ` 17-.1 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 21 of 25 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10F4. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Central Texas Regional Mobility Authority for a commuter rail link feasibility study. Tom Word, Chief of Public Works, made the staff presentation. • 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 Central Texas Regional Mobility Authority for a commuter rail link feasibility study, Now Therefore BE IT RESOLVED BY 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 Central Texas Regional Mobility Authority for a commuter rail link feasibility study, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of February, 2Q09_-,-,.,1.4->',< MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield 172 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 22 of 25 Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10F5. Consider a resolution affirming the City of Round Rock's commitment to assist in • emission reduction actions toward securing a voluntary ongoing "in attainment" designation for Williamson County. John Dean of Transportation Services made the staff presentation. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS TO IMPLEMENT EMISSION REDUCTION ACTIONS TO ASSIST IN CLEAN AIR EFFORTS AND TO MAINTAIN WILLIAMSON COUNTY'S DESIGNATION AS "IN ATTAINMENT" WITH REGARD TO GROUND LEVEL OZONE STANDARDS WHEREAS, the citizens of the City of Round Rock and of Williamson County recognize the value of and are conscious of the need for clean air; and WHEREAS, new ozone standards as promulgated by the US Environmental Protection Agency expose Williamson County and its citizens to possible designation as a non-attainment area under the new standards; and WHEREAS, current and ongoing efforts of Williamson County, its communities, and other communities to use approved emission reduction measures, including enhanced vehicle inspection and maintenance programs, provided support to the Texas Commission on • Environmental Quality to omit Williamson County from a proposed list of non-attainment counties; and WHEREAS, concerted efforts to reduce ozone-forming emissions by the citizens, communities, schools and industry in Williamson County during the April through October ozone season will help preclude Williamson County being listed as non-attainment for 2009 and future years; and WHEREAS, a designation of non-attainment will inhibit local flexibility in planning and development and will create negative economic impacts to the citizens of the City of Round Rock and of Williamson County for up to twenty years; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City of Round Rock affirms its commitment to helping reduce ozone-forming emissions by implementing actions that are accepted by the Texas Commission on Environmental Quality in line with existing reduction measures to help voluntarily secure an ongoing designation of "in attainment" under the National Ambient Air Quality Standards for Ground Level Ozone. That the City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all in accordance with and as required by the Open Meetings Act, Chapter 551, Texas • Government Code, as amended. RESOLVED on this the 12th day of the month of February, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White 173 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 23 of 25 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford ,• Mayor McGraw Nays: None ACTION: The motion carried unanimously. EXECUTIVE SESSION: 11A1. Consider Executive Session as authorized by§551.072 Government Code, related to the purchase of real property to wit: Approximately 110 acres owned by Cypress Semiconductor and located between Cypress Boulevard and Interstate 35. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 9:20 p.m. and adjourned at 9:50 p.m. 11A2. Consider Executive Session as authorized by§551.072 Government Code, related to the purchase of real property to wit: the Regional Wastewater System owned by the Lower • Colorado River Authority. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 9:50 p.m. and adjourned at 10:15 p.m. 11A3. Consider Executive Session as authorized by§551.087 Government Code, related to Economic Development regarding the proposed "Citi Center" located on the corner of US79 and N. Mays Street. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 10:15 p.m. and adjourned at 10:25 p.m. 11A4. Consider Executive Session as authorized by§551.072 Government Code, related to the purchase of real property located at 210 Round Rock Ave. The Council recessed to the Executive Chamber for the Executive Session. Mayor • McGraw called the Executive Session to order at.10:35 p.m. and adjourned at 10:55 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 12A1. Consider discussion and/or possible action to authorize the Mayor to execute a Memorandum of Understanding with Jimmy Nassour related to the purchase of real property 174 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 24 of 25 to wit: Approximately 110 acres owned by Cypress Semiconductor and located between Cypress Boulevard and Interstate 35. MOTION: Councilmember Salinas moved to authorize the Mayor to execute a • Memorandum of Understanding with Jimmy Nassour. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 12A2 Consider discussion and/or possible action related to the purchase of real Property to wit: the Regional Wastewater System owned by the Lower Colorado River Authority. • MOTION: Councilmember Honeycutt moved to authorize the City Manager to continue negotiations with LCRA in regards to the Regional Wastewater System. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 12A3. Consider discussion and/or possible action related to Economic Development regarding the proposed "Citi Center" located on the corner of US79 and N. Mays Street. • No action was taken on this executive session. 12A4. Consider discussion and/or possible action related to the purchase of real property located at 210 Round Rock Ave. MOTION: Councilmember Rhode moved to authorize the Mayor to accept the N L' 175 DRAFT MINUTES City of Round Rock Regular City Council Meeting February 12, 2009 Page 25 of 25 assignment of a real estate contract for 210 Round Rock Avenue. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. ADJOURNMENT There being no further business, the meeting adjourned at 10:57 p.m. Respectfully Submitted, �9�. k'a& Sara L. White, City Secretary • 176 City of Round Rock City Council Work Session February 18, 2009 The Round Rock City Council met in Work Session on Wednesday, February 18, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:30 A.M. Mayor McGraw called the meeting to order at 7:34 a.m. • ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. WORK SESSION: 3A. Consider opening remarks by the City Manager. City Manager, Jim Nuse gave some brief opening remarks and reviewed the items on the agenda and briefly discussed how the retreat would flow. 3B. Consider a presentation and discussion regarding the following topics: • 1. Strategic Plan, Business Plan and Organizational Structure Herb Marlowe started that session by reviewing the purpose of the session which is to review the strategic plan, discuss how plan will be implemented and performance management, and implication examples. He also reviewed with the Council the four themes that came out of other work sessions: Places and spaces, economic progress, safety and security and high value government. He then discussed the goal rating scale and explained to the Council what they would be doing today with regards to ranking the goals. Mr. Marlowe began the ranking session by first reviewing the goals. The Council and Directors went through each goal of the strategic plan and ranked 1 through 5 their priorities for the goals with 1 being the highest priority and 5 rejecting the goal. After completing the ranking of all goals, Mr. • Marlowe went through the next steps in the process. Cindy Demers, Assistant City Manager spoke briefly about the business process assessment being done by Plante & Moran. Mr. Marlowe will now take the plan and restructure based on the priorities given today by the Council. 177 City of Round Rock City Council Work Session February 18, 2009 Page 2 of 7 2. 2010 Budget &the Economic Outlook David Kautz began the discussion on this item. He started with a brief introduction on the economic hard times that the entire nation is facing and how it impacts the City specifically. �• Cheryl Delaney, Finance Director took over the presentation and began with the City's current status. She reported that the City continues to maintain a strong financial position and continues to see low property and utility rates, excellent cash reserves, pay-as-you-go capital program and recent GO and Utility Bond upgr6A (AA+ for GO and AA- for Utility bonds). She then gave a brief overview of the US economy. She touched briefly on the unemployment rate of 7.6% (January 09), the fluctuations in the markets, both domestic and international, interest rates continue at a lower rate and there is a general decline in business and consumer spending. Recovery is expected to be slow. In Round Rock specifically, property values are expected to decline, sales tax revenue expected to decline, continued population growth is expected and the unemployment rate is currently at 5.2%. Building activity has slowed both for • residential and commercial. She also emphasized that it is important to continue to evaluate other taxing entities',impact on Round Rock's local economy. The Austin-Round Rock metro area is expected to weather the recession better than the rest of Texas and the nation. Ms. Delaney then covered the expected taxable property values and reported that in FY2010 values are expected to decrease by 3%to $7.8 billion and in 2011 a 2% decrease to $7.7 billion. These figures are inclusive of new construction. She then covered sales tax revenue projections for FY2010 and FY2011. She reported that the City's reliance on Dell sales tax continues to decline and that the City needs to continue to search for other revenue sources to help relieve the reliance on Dell as well as looking at where cost savings can be realized. Lastly, she covered some new facilities coming online thatc-an impact,the City's budget in 2010 and beyond as well • as the FY2009 projection assumptions. She is forecasting that the City will meet sales tax projections, meet property tax projects, and continue with its cost saving strategy. Ms. Delaney also briefly went over some FY2010 budget issues such as property tax reliance, sales tax performance and market study impact, maintaining current service levels, new program considerations and economic development incentives. 178 City of Round Rock City Council Work Session February 18, 2009 Page 3 of 7 The work session broke for lunch and during lunch the following items were moved up on the agenda discussed: 4. Legislative Update David Kautz began the discussion and introduced Randy Cain and Susan Rocha. a. Presentation by Randy Cain and/or Susan Rocha — Susan Rocha started the presentation and presented the Council with a summary on the legislative session to date. She briefly covered the make-up of the House and Senate this session and what each has been doing. Ms. Rocha then covered some of the most popular topics and bills that have arisen so far during the session. Then she covered the Round Rock Specific issues. Randy Cain covered the sales tax issues and reported that it looks like it is going to be a fairly busy season on sales tax issues. The two main issues facing the legislature in regards to sales tax is streamlined sales tax and the "warehouse" sales tax issues. Mr. Cain discussed each one in detail and the Council discussed how this could potentially impact the City of Round Rock and its sales tax revenues in the future. Mr. Cain then covered higher education funding legislative items and that no one from Williamson County is on the House Appropriations Committee this session. David Kautz then discussed some legislative issues and bills that he felt might impact Round Rock. b. Proposed legislation related to property tax and sales tax — this item was presented and discussed during Randy Cain's presentation above. C. Proposed legislation related to regional water facilities — this item was not discussed. d. Proposed legislation related to federal labor relations — Teresa Bledsoe, HR Director and Fire Chief Larry Hodge covered some pending federal legislation regarding collective bargaining for fire and police and covered the minimum standards that would be required by the bill. The estimated action timeline is that one year after enactment FLRA must promulgate regulations and two years after enactment, direct regulation by FLRA become effective if the state fails to substantially comply. 179 City of Round Rock City Council Work Session February 18, 2009 Page 4 of 7 e. Other legislative proposals related to municipal government —These items were covered earlier in a previous presentation. 5. IH-35 Gateway Signs — Tim Bargainer and BWM Group gave a presentation on the gateway signs, the status of the project and the timeline. Bob Strobeck from Sign Tech international discussed the elements of the gateway sign. He first covered the material for the tower and sentinels which will be aluminum with an oxidized finish to look like rusted steel. The tower will be ten feet wide at the base and` `35 feet tall. Each letter in "Round Rock" is 6 feet tall and the city name will span 55 feet. He also informed the Council and LED lighting will be used to cut down on maintenance and cost. The letters will be made of aluminum with a acrylic lenses. Regarding the budget, Tim Bargainer guaranteed the Council that the budget for this project is $250,000 and no more. Jim Nuse informed the Council that they are ready to spec and put this project out to bid. 3. Utility System Outlook • a. Overall outlook — Michael Thane, Utility Director gave an overall outlook of the utility system starting with the history and when the City ran out of water in the late 70s. The current Round Rock plant was built in 1982. Mr. Thane showed comparisons of demand and plant capacity. He also covered where the City gets its water from now and where it will get it from in the future. Next, Mr. Thane covered the City's drought contingency and peak day water use management plan. He"briefly went over each stage of the drought contingency plans and what the triggers are. He then covered the water conservation plan and upcoming events regarding water conservation. Cindy Demers, Assistant City Manager gave an update on the City's wholesale customers as well as retail winter averaging. For retail- wastewater,winter averaging, she began by • explaining how it is calculated based on 3 months average winter water use. The period runs generally between November 1 and February 28 depending on customer billing zone. Ms Demers went over the changes that will be proposed in calculating the winter averaging and gave some brief history. In 2006, the modified the calculation to adjust for a significant dry period by dropping the highest month and averaged remaining two months. She then covered 180 City of Round Rock City Council Work Session February 18, 2009 Page 5 of 7 the billing periods for utility bills and then 4 different zones and what area of the city they cover. Cheryl Delaney, Finance Director then covered the Utility Fund budget. She started with the different revenue sources for the fund; water sales, sewer sales, rate increase, water • conservation and other. The major expenses for the utility fund are reserve water costs, LCRA/BRA wastewater costs, operational costs (electricity), and water conservation costs. Ms. Delaney briefly covered the retail rate adjustments and reminded the Council that the City's position has always been that growth should pay for itself, and that is why we have higher impact fees. Lastly, she compared the City of Round Rock's residential utility rates (monthly cost) to surrounding cities. Regional Water System Michael b. Brushy Creek Regional Utility Authority / g Y . He started with some background the Thane presented an update on the BRCUA on project g schedule for Phase 1A and the costs for the first phase of the and then covered the project sch p J project. He reported that Round Rock's portion is $65,687,431. The hope is that actual costs will be a little less as construction costs decrease. Cindy Demers provided an update on the financing through the Texas Water Development Board. C. Regional Wastewater System / Lower Colorado River Authority— Michael Thane gave a brief overview and background on the regional wastewater system and covered what cities are involved in it. He also covered that the regional wastewater system is more than just the wastewater plants, it is also a network of pipes. 6. Downtown Plan Will Hampton, Communication Director presented on the downtown plan and first covered the charrette that took place the week of January 12th at the McConico and Baca center. More than 160 citizens attended. He reported that daily recaps of the charrette are • posted on the downtown plan blog. Mr. Hampton then went through the master planning team and also covered the input that was heard by citizens and stakeholders as well as the observations made by the design team such as streets empty of pedestrians, visibility of downtown for 1-35, need for an identifiable place, resolution of ball fields issue, need for more 181 City of Round Rock City Council Work Session February 18, 2009 Page 6 of 7 density, opportunity for TOD, variety, great bones—grid, need for non-profit infrastructure-and a need for form based code. He then went on to discuss some of the plans for each section of the downtown area that are being discussed. Lastly, Mr. Hampton covered the proposed modern roundabouts and covered various statistics and the next steps for the downtown master plan. He reported that Torti Gallas is refining, vetting ideas and concepts generated and is crafting the Master Plan and Form Based Code. The final step is public meetings with P&Z and City Council to present the final plan and form based code—early this summer. 7. Relaxing sign regulations during the recession Jim Stendebach went over the current sign ordinance which is decades old and some requests that have been made for special exceptions. He reported that the sign ordinance has been reviewed to identify certain signs that could be permitted without adversely affecting the look of the City. The current ordinance permits the following commercial signs: On site business signs, signs on buildings, multi-tenant signs for large shopping centers, and limited are identification signs in the right-of-way. It also permits the following signs for residential subdivision signs: subdivision marketing signs on site and are identification signs in the right-of- way. The ordinance does not allow for any portable signs and include the following: bandit signs, inflatable signs, human signs, most banners, and signs mounted on trailers or vehicles. Mr. Ste.ndebach also went on to say that the currently permitted signs provide the primary signage necessary to identify a center and the primary tenants. He showed an example of that kind of sign. Additionally permitting select on site signs within a center would assist people in locating a specific business provided they were carefully regulated. Examples of such signs are as follows: Small directional signs within a center directing people to specific stores, light pole banners that identify a tenant in the center_ (only interior. to the site), sandwich board signs • located immediately abutting a business to identify specials or sales (they would need to be temporary in nature and would be limited in size and location and assist pedestrians on site. They would not be intended to be read from a moving vehicle), temporary banners attached to a building to advertise a grand opening or a special event and signs in windows as long as they don't take up more than 25% of the window space. Specific regulations would be included in 182 City of Round Rock City Council Work Session February 18, 2009 Page 7 of 7 an ordinance amendment. He reported that staff has already drafted possible regulations for the above signs and staff believes these signs could be permitted without a significant negative impact on the looks of the community. Lastly, Mr. Stendebach covered subdivision marketing signs. Currently, subdivision marketing signs are currently permitted on site only. This • g Y limitation creates a potential hardship for subdivisions that do not front onto a major roadway. Permitting select smaller subdivision marketing signs on private property or in the right-of-way could assist in helping locate such subdivisions. Restrictions and guidelines would have to be developed regarding these signs as well as an amendment to the ordinance. Jim Nuse clarified that any amendments made to the sign ordinance could have a restrictive time limit put on them. Staff will start drafting changes, visiting with stakeholders and bring an amended ordinance to the Council for consideration. Mayor McGraw made some few closing remarks and thanked staff for all of their hard work and to Council for all the good discussion. ADJOURNMENT There being no further business, the meeting adjourned at 4:49 p.m. Respectfully Submitted, Sara L. White, City Secretary i 183 City of Round Rock Work Session and Regular City Council Meeting February 26, 2009 The Round Rock City Council met in Regular Session on Thursday, February 26, 2009, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:15 P.M. • Mayor McGraw called the work session to order at 6:18 p.m. ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. PRESENTATIONS: 3A1. Consider a presentation and discussion regarding the updated Tourism Plan prepared by Destination Development Inc. Nancy Yawn, introduced Roger Brooks with Destination Development who gave an update on the City.of Round Rock's Tourism Plan and answered questions posed by the Council regarding tourism in Round Rock. He covered some statistics on tourism in Texas and also went over his recommendations to the Council regarding the future of tourism in the City. CALL REGULAR SESSION TO ORDER—7:00 P.M. Mayor McGraw called the meeting to order at 7:09 p.m. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag CITIZEN COMMUNICATION There were no citizens wishing to speak. • CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless 184 City of Round Rock Work Session and Regular City Council Meeting February 26, 2009 Page 2of6 requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *8A. Consider approval of the City Council minutes for February 12, 2009. *11A1.Consider a resolution authorizing property tax refunds to La Frontera Lodging Partners, L.P. for 2006 and 2007 taxes totaling$13,395.16. MOTION: Mayor Pro-Tem Clifford moved to approve the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8A. Consider approval of the City Council minutes for February 12, 2009. This item was approved under the consent agenda. PROCLAMATIONS: 9A. Consider proclaiming March 7, 2009 as the "14th Annual Daffodil Festival" in Round Rock. Mayor McGraw read the following proclamation and presented it to members of the Senior 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 14th 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, Alan McGraw, Mayor of the City of Round Rock, Texas, do hereby proclaim March 7, 2009 as the 1,85 City of Round Rock Work Session and Regular City Council Meeting February 26, 2009 Page 3 of 6 "14th ANNUAL DAFFODIL FESTIVAL" in the City of Round Rock and urge everyone to come out to the Allen R. Baca Center on March 7 from 9:00 a.m. to 4:00 p.m. to join the Round Rock Senior Citizens Foundation in celebrating this joyful occasion. PROCLAIMED this 26th day of February 2009. PRESENTATIONS: 10A1. -Consider a presentation and discussion by the BWM Group regarding the design of the Round Rock Gateway Sign, and possible Council action approving same. Jim Nuse introduced Brian Binkowski of the BWM Group. He introduced Bob Strobeck with the Sign Tech International, who covered four different shades of yellow for the letters on the gateway sign. He showed the council what the different shades look like during the day and during the night. 1061. Consider a presentation regarding, and action approving the Capital Improvements Plan Progress Semi-Annual Report from the Capital Improvements Advisory Committee. Michael Thane, Utilities Director made the staff presentation. MOTION: Councilmember Rhode moved to approve the report. Councilmember • Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *11A1.Consider a resolution authorizing property tax refunds to La Frontera Lodging Partners, L.P. for 2006 and 2007 taxes totaling $13,395.16. 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, 186 City of Round Rock Work Session and Regular City Council Meeting February 26, 2009 Page 4 of 6 That the following named taxpayer, La Frontera Lodging Partners, L.P. has made an overpayment or erroneous payment of 2006 and 2007 taxes in the amount of$13,395.16; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$13,395.16. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of February, 2009. 11131 Consider a resolution ranking the offerors' proposals for the Construction Manager at Risk for the City Hall Policy Center. David Bartels of Public Works Administration made the staff presentation. RESOLUTION NO. WHEREAS, by Resolution No. R-08-12-18-7F1, the City Council, in accordance with §271.114(a) Local Government Code, determined that "Construction Manager-at-Risk" is the delivery method which will provide the best value for the City for the construction of the City Hall Policy Center (the "Project"), and • WHEREAS, the City has advertised for and received proposals from offerors for the Construction Manager-at-Risk for the Project, and WHEREAS, City Staff has evaluated said proposals in accordance with the published selection criteria and has recommended that the offerors be ranked as set forth in Exhibit "A", and WHEREAS, the City Council wishes to officially approve the ranking set forth in Exhibit "A", Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the ranking of the offerors' proposals for Construction Manager-at-Risk for the Project as set forth in Exhibit "A" is hereby approved, and the City Manager is hereby authorized to attempt to negotiate a Construction Manager-at-Risk contract in accordance with §271.118(8) Local Government Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of February, 2009. MOTION: Councilmember Whitfield moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford 18:7 City of Round Rock Work Session and Regular City Council Meeting February 26, 2009 Page 5 of 6 Mayor McGraw Nays: None ACTION: The motion carried unanimously. 11C1 Consider a resolution approving an amendment to the Transportation Capital • Improvement Project (TCIP). John Dean made the staff presentation. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC") has previously adopted a Transportation Capital Improvement Plan ("Plan"), and WHEREAS, the RRTSDC wishes to amend said Plan, and WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be approved by the City Council, and WHEREAS, the City Council wishes to approve said amendments to the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the amendment to the Transportation Capital Improvement Plan approved by the Round Rock Transportation System Development Corporation, which is attached hereto as Exhibit "A", is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required • by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of February, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 11D1. Consider a resolution authorizing the Mayor to execute a contract for Engineering Services with HDR Engineering, Inc. for the..Brushy Creek Regional Wastewater Treatment Plant Reuse Facilities-Engineering Feasibility Report and Environmental Services Proiect. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the BCRWWTP Reuse Facilities — Engineering Feasibility Report & Environmental Services Project, and 188 City of Round Rock Work Session and Regular City Council Meeting February 26, 2009 Page 6 of 6 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 BCRWWTP Reuse Facilities— Engineering Feasibility Report & Environmental Services Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of February, 2009. MOTION: Councilmember White moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford • Mayor McGraw Nays: None ACTION: The motion carried unanimously. ADJOURNMENT There being no further business, the meeting adjourned at 7:49 p.m. Respectfully Submitted, Sara L. White, City Secretary • 189 City of Round Rock Regular City Council Meeting March 12, 2009 The Round Rock City Council met in Regular Session on Thursday, March 12, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. • Mayor McGraw called the work session to order at 7:04 p.m. ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag • CITIZEN COMMUNICATION Mayor McGraw honored Ed Turner for his 28 years of business ownership in Round Rock. Mr.Turner has owned Turner's Furniture and he thanked the Council for their appreciation. Mr. Turner thanked the Council for their support. He stated that when the store finally closes all the merchandise left will be donated to the Round Rock Serving Center. *8A. Consider approval of the City Council minutes for February 18, 2009 and February 26, 2009. MOTION: Councilmember Honeycutt moved to approve the minutes. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. PUBLIC HEARINGS: 190 City of Round Rock Regular City Council Meeting March 12, 2009 Page 2 of 11 6A1. Consider public testimony regarding an application filed by J.B. Goodwin Ltd to rezone 1.386 acres of land located at the Northeast corner of Paloma Drive and IH-35 Frontage Road from L1 (Light Industrial) zoning district to C-1a (General Commercial — Limited) zoning district. • Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 6A2. Consider public testimony regarding community needs for the development of the 2009-2013 Five Year Consolidated Plan and 2009-2010: Community Development Annual Action Plan. Mayor McGraw opened the public hearing. There being no testimony,the public hearing was closed. ORDINANCES: 7A1. Consider an ordinance changing the methodology of calculating the winter wastewater averages for the current year. (First Reading) Cindy Demers, Assistant City • Manager made the staff presentation. ORDINANCE NO. AN ORDINANCE ESTABLISHING THE METHODOLOGY FOR DETERMINING THE AMOUNT OF WASTEWATER SERVICE USED FOR BILLING PURPOSES FROM MARCH 13, 2009 UNTIL THE AMOUNT OF WASTEWATER SERVICE USED IS RE-DETERMINED IN ACCORDANCE WITH CHAPTER 10, SECTION 10.202(1)(C), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. .�: - .. . 19:1 City of Round Rock Regular City Council Meeting March 12, 2009 Page 3 of 11 MOTION: Councilmember White 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 Y Y Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 7131. Consider an ordinance changing the name of the proposed roadway now referred to as Arterial "A" to Kenney Fort Boulevard. (First Reading) This item was withdrawn from the agenda at the request of staff. 7132. Consider an ordinance rezoning 1.386 acre of land located at the Northeast corner of Paloma Drive and IH-35 Frontage Road from L1 (Light Industrial) zoning district to C- • 1a (General Commercial— Limited) zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation earlier in the meeting during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 1.386 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1A (GENERAL COMMERCIAL- LIMITED). MOTION: Mayor Pro-Tem Clifford moved to approve the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 192 City of Round Rock Regular City Council Meeting March 12, 2009 Page 4 of 11 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 White seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 7C1. Consider an ordinance amending Chapter 9, Section 9.1816(24) and adding Section 9.1821, Code of Ordinances, regarding stopping, standing or parking of vehicles on Lamar Boulevard and near certain fire stations. (First Read'ing)(Reguires Two Readings) Tom Word, Chief of Public Works made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816(24), AND ADDING SECTION 9.1821, • CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STOPPING, STANDING, OR PARKING OF VEHICLES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND'RESOLUTIONS. MOTION: Councilmember Whitfield moved to approve the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 7C2. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances, • establishing a 50-mph speed zone on a portion of F.M. 1325. (First Reading)(Requires Two Readings) Tom Word, Chief of Public Works,made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816(24), AND ADDING SECTION 9.1821, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STOPPING, 193 City of Round Rock Regular City Council Meeting March 12, 2009 Page 5 of 11 STANDING, OR PARKING OF VEHICLES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 8A1. Consider a resolution approving the City's Federal Legislative Program. Cindy Demers, Assistant City Manager, made the staff presentation. RESOLUTION NO. • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: The Council approves the City of Round Rock's Federal Legislative Program, as set forth in 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 March, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw • Nays: None ACTION: The motion carried unanimously. 8131. Consider a resolution authorizing the Mayor to execute a Grant Agreement to accept award of $392,000 from the U.S. Department of Housing and Urban Development for 194 City of Round Rock Regular City Council Meeting March 12, 2009 Page 6 of 11 infrastructure and sidewalk improvements on Main Street. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock submitted a grant application to the U.S. Department • of Housing and Urban Development ("HUD") for Main : Street improvements, and said application has been approved by HUD, and WHEREAS, the City Council wishes to accept the grant funds in the amount of $392,000 to be used for the Infrastructure and Sidewalk Improvements on Main Street Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Grant Agreement with the U. S. Department of Housing and Urban Development, 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 12th day of March, 2009. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8C1. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement No. 1 with Master Meter, Inc. for purchase of cold water meters. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for • Purchase of Cold Water Meters ("Agreement") from Master Meter, Inc., and WHEREAS, Master Meter, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to provide for extension by renewal, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Master Meter, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is -hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Purchase of Cold Water Meters from Master Meter, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated I 195 City of Round Rock Regular City Council Meeting March 12, 2009 Page 7 of 11 herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8D1. Consider a resolution authorizing the Mayor to execute a New Public Road Crossing Underpass Agreement with Union Pacific Railroad Company for the Arterial A project. • Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, in order to facilitate the construction of the proposed roadway improvements on Arterial A, it is necessary to remove existing at-grade private road crossing, DOT No. 439-684S, Mile Post 158.80 and construct a new grade separated underpass roadway, DOT No. 440-126V, Mile Post 158.83, and WHEREAS, the Council wishes to enter into a New Public Road Crossing Underpass Agreement with Union Pacific Railroad Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a New Public Road Crossing Underpass 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 12th day of March, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode 196 City of Round Rock Regular City Council Meeting March 12, 2009 Page 8 of 11 Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8D2. Consider a resolution authorizing the Mayor to execute an Easement to Conduits Contained Within a Duct Bank with TW Telecom of Texas LLC for the Southwest Area Downtown Infrastructure Project. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, in connection with the Southwest Area Downtown Infrastructure Project, Parcels 1 through 26, an easement is required from TW Telecom of Texas LLC ("TW")for the installation of a duct bank facility composed of concrete surrounding conduit pipes constructed for the purpose of installing wire and fiber optic cable, and WHEREAS, the Council wishes to enter into an Easement to Conduits Contained within a Duct Bank with TW, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Easement to Conduits Contained Within a Duct Bank with TW Telecom of Texas 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 March, 2009. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 8D3. Consider a resolution authorizing the Mayor to execute a Contract with Austin Traffic Signal Construction Co., LP for the construction of traffic signals on University Boulevard at A.W. Grimes Boulevard and University Boulevard at Seton Parkway. Tom Word, Chief of Public Works made the staff presentation. .F. 1.97 City of Round Rock Regular City Council Meeting March 12, 2009 Page 9of11 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the construction of traffic signals on University Boulevard at A.W. Grimes Boulevard and University Boulevard at Seton Parkway, and WHEREAS, while only one bid was received from Austin Traffic Signal Construction Co., 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 Co., 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 ConstructionCo., LP for the construction of traffic signals on ,:j;.. University Boulevard at A.W. Grimes Boulevard a,nd University Boulevard at Seton Parkway. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2009. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 8D4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Wilbur Smith Associates, Inc. for the Transportation Master Plan. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Transportation Master Plan - Update, and WHEREAS, Wilbur Smith 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 Wilbur Smith 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 Wilbur Smith Associates, Inc. for the Transportation Master Plan - Update, 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 198 City of Round Rock Regular City Council Meeting March 12, 2009 Page 10 of 11 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 March, 2009. MOTION: Councilmember Honeycutt moved to table the resolution. Councilmember • White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 9A1. Consider 1 appointment to; the Planning and Zoning Commission to fill an unexpired term. The following is a summary of the Council's votes: • Larry Yawn 3 votes Georgie Ann Jasenovec 0 votes- Frank Del Castillo 0 votes. Brentley Brinegar 0 votes. Celeste Lesmeister 4 votes APPOINTED 9A2. Consider 1 appointment to the Community Development Advisory Commission to fill an unexpired term. The following is a summary of the Council's votes: Linda Peacock 7 votes APPOINTED Larry Diamond 0 votes 9A3. Consider 1 appointment to the Round Rock Housing Authority to fill an unexpired term. MOTION: Councilmember Rhode moved appoint by acclamation Ebby Green to the • Round Rock Housing Authority. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield 199 City of Round Rock Regular City Council Meeting March 12, 2009 Page 11 of 11 Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. EXECUTIVE SESSION: 10A1 Consider Executive Session as authorized by §551.072 Government Code, related to the purchase of real property to wit: the Regional Wastewater System owned by the Lower Colorado River Authority. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 8:28 p.m. and adjourned at 8:52 p.m. 10A2 Consider Executive Session as authorized by §551.087 Government Code, to deliberate the offer of a financial or other incentive to a business prospect engaged in the electric power grid management business to locate a facility in the City of Round Rock. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 8:52 p.m. and adjourned at 9:40 p.m. ADJOURNMENT There being no further business, the meeting adjourned at 9:45 p.m. Respectfully Submitted, Sara L. White, City Secretary • 200 City of.Round Rock Regular City Council Meeting March 26, 2009 The Round Rock City Council met in Regular Session on Thursday, March 26, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. Mayor McGraw called the session to order at 7:03 p.m. is ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, and Councilmember Scott-Rhode. Councilmember Kris Whitfield was absent from this meeting. Also present were City Manager Jim Nuse, Assistant Manager David Kautz, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 313. Texas State Flag CITIZEN COMMUNICATION There were no citizens wishing to speak. 5A. Consider a proclamation honoring Dr. Linda Bolding for her.tireless contributions as Director of the Round Rock Community Choir and for her community service in Round Rock. Mayor McGraw read the following proclamation and presented it to Dr. Bolding. WHEREAS,the City of Round Rock treasures its community leaders and values enhancements to the culture of the area; and WHEREAS, Dr. Linda Bolding has devoted the past.24 years to showcasing fine arts in the City of Round Rock, dedicating her time and talents to grow the Round Rock Community Choir from its infancy to more than 100 community members; and WHEREAS, Dr. Bolding has enriched the hives of Round Rock ISD students as well as members of the community through her caring and motivating spirit; and WHEREAS, Dr. Bolding was instrumental:in the successful passage of bonds to erect the Round Rock ISD Performing Arts Center at McNeil High School; and WHEREAS, Dr. Bolding helped put Round Rock,Texas, on the global map by directing the Round Rock Community Choir in such countries as Germany,Austria, Switzerland, and Italy; and WHEREAS, Dr. Bolding, along with the Round Rock Community Choir, represented the City of Round Rock stateside at venues such as Carnegie Hall,and The National Cathedral, as well as • performances for former Governor and President George W. Bush; NOW,THEREFORE, I,ALAN McGRAW, Mayor of the City of Round Rock,Texas, do hereby proclaim, March 26, 2009,as "Dr. Linda Bolding Day" in Round Rock and urge all citizens to join me in thanking Dr. Linda Bolding for her stalwart leadership and commitment to the Round Rock Community;Choir's success in the community. PROCLAIMED this 26th day of March, 2009. CONSENT AGENDA: 201 City of Round Rock Regular City Council Meeting March 26, 2009 Page 2 of 11 All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion.There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *7A. Consider approval of the City Council minutes for March 12, 2009. *9131. Consider an ordinance amending Chapter 9, Section 9.1816(24) and adding Section 9.1821, Code of Ordinances, regardink stopping, standing or parking of vehicles on Lamar Boulevard and near certain fire stations. (Second Reading) *9132. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances, establishing a 50-mph speed zone on a portion of F.M. 1325. (Second Reading) MOTION: Councilmember Honeycutt moved to approve the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. PRESENTATIONS: 8A1. Consider a presentation regarding Williamson County's Multi-Corridor Transportation Plan (MCTP). Commissioner Birkman began the presentation and then introduced Mike Weaver who covered the County's plan and finished the presentation. 8131. Consider a presentation on the City's financial status. Cindy Demers made the staff presentation. • 8C1. Consider a presentation regarding the City's recently completed curbside recycling pilot program. Michael Thane, Utilities Director made the staff presentation. 8D1. Consider a presentation regarding a proposed ordinance amending Chapter 3, Section 3.14, Code of Ordinances concerning establishing a temporary program for Special 202 City of Round Rock Regular City Council Meeting March 26, 2009 , Page 3 of 11 Purpose Signs in Commercial Centers. Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCES: 9A1. Consider an ordinance naming the proposed roadway now referred to as Arterial • "A" "Kenney Fort Boulevard." (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE NAMING THE PROPOSED ROADWAY NOW REFERRED TO AS ARTERIAL "A" "KENNEY FORT BOULEVARD"; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode . Mayor Pro-Tem Clifford Mayor McGraw 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 Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield . ACTION: The motion carried unanimously *9131. Consider an ordinance amending Chapter 9, Section 9.1816(24) and adding Section 9.1821, Code of Ordinances, regarding stopping, standing or parking of vehicles on Lamar Boulevard and near certain fire stations. (Second Reading) This item was approved under the consent agenda. F 203 City of Round Rock Regular City Council Meeting March 26, 2009 Page 4 of 11 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816(24), AND ADDING SECTION 9.1821, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STOPPING, STANDING, OR PARKING OF VEHICLES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *9132 Consider an ordinance amending Chapter 9 Section 9.502, Code of Ordinances, establishing a 50-mph speed zone on a portion of F.M. 1325. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816(24), AND ADDING SECTION 9.1821, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STOPPING, STANDING, OR PARKING OF VEHICLES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 9133 Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances, establishing new speed limits on a portion of RM 620 (Round Rock Avenue) from 644' east of Deep Wood Drive to Mays Street. (First Read ing)(Requires Two Readings) Tom Word, Chief of i Public Works Operations made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF RM 620 (ROUND ROCK AVENUE) AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Nays: Mayor McGraw Absent: Councilmember Whitfield ACTION: The motion carried with a vote of 5 ayes and 1 nay. 9134. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances establishing a new speed limit on Red Bud Lane from U.S. 79 to CR117. (First Reading)(Requires Two Readings) Tom Word, Chief of Public Works Operations made the staff presentation. 204 City of Round Rock Regular City Council Meeting March 26, 2009 Page 5of11 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 RED BUD LANE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Honeycutt moved to approve the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 9135 Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances, designating a portion of RM620 as a school speed zone. (First Read ing)(Requires Two Readings) Tom Word, Chief of Public Works Operations made the staff presentation. 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 RM 620 (ROUND ROCK AVENUE); PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-Tem Clifford moved to approve the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None • Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 9136. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances, to prohibit stopping, standing, or parking of vehicles on Tiger Trail. (First Read ing)(Requires Two Readings) Tom Word, Chief of Public Works Operations made the staff presentation. 205 City of Round Rock Regular City Council Meeting March 26, 2009 Page 6 of 11 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON TIGER TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember. Honeycutt moved to approve the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. RESOLUTIONS: 10A1. Consider a resolution granting consent to the Fern Bluff Municipal Utility District to enter into an Out-of-District Wastewater Service Agreement. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") granted its consent to the creation of the Fern Bluff Municipal Utility District ("District") by Resolution No. 715R on May 2, 1985, and WHEREAS, the Cities of Austin and Round Rock approved that one certain "Assignment of Agreement Concerning Creation and Operation of Fern Bluff Municipal Utility District and Agreement Regarding Wastewater Service" in which the rights and obligations of Austin under the Consent Agreement were assigned to the City, and WHEREAS, the District has been requested to provide out-of-district wastewater service to approximately 20.02 acres of land known as the Ivie Tract, and WHEREAS, Article V of the Consent Agreement requires prior approval of the City Council in order for the District to sell or deliver wastewater service to areas outside the District's boundaries, and WHEREAS, Article V of the Consent Agreement also requires the District to submit a land use plan concerning the land for which the out-of-district wastewater service is being sought, and WHEREAS, the City desires to grant approval of the District's petition for consent to an out-of-district wastewater service 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 Petition for Consent to Out-of-District Wastewater Service Agreement with Fern Bluff Municipal Utility District, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 206 City of Round Rock Regular City Council Meeting March 26, 2009 Page 7 of 11 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day,of March, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilinember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 1061. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services for Design Studies for the Brushy Creek Regional Trail Gap Project with the BWM Group. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION N0. • WHEREAS, the City of Round Rock desires to retain professional consulting services for design studies for the Brushy Creek Regional'Trail Gap Project, and WHEREAS, BWM Group has submitted an Agreement for Consulting Services to provide said services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services for Design Studies for the Brushy Creek Regional Trail Gap Project with BWM Group, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of March, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt y y t Councilmember White Councilmember Salinas Council'member Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield 207 City of Round Rock Regular City Council Meeting March 26, 2009 Page 8 of 11 ACTION: The motion carried unanimously. 1062 Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Round Rock Independent School District for the construction of the Westside recreation center recently named the Legacy Fieldhouse. This item was withdrawn at the request of staff. 10C1. Consider a resolution authorizing the Mayor to execute a contract with Cutler Repaving, Inc for the 2009 Street Maintenance Program. Tom Word, Chief of Public Works Operations made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2009 Street Maintenance Program, and WHEREAS, while only one bid was received from Cutler Repaving, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Cutler Repaving, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a • contract with Cutler Repaving, Inc. for the 2009 Street Maintenance Program. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of March, 2009. MOTION: Councilmember White moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield • ACTION: The motion carried unanimously. 10C2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HVJ Associates, Inc. for the Pavement Management System project. Tom Word, Chief of Public Works Operations made the staff presentation. RESOLUTION NO. 208 City of Round Rock Regular City Council Meeting March 26, 2009 Page 9 of 11 WHEREAS, the City of Round Rock desires to retain engineering services for the Pavement Management System Project, and WHEREAS, HVJ 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 HVJ 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 HVJ Associates, Inc. for the Pavement Management System Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of March, 2009. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Rhode Mayor McGraw • Nays: Councilmember White Mayor Pro-Tem Clifford Absent: . Councilmember Whitfield ACTION: The motion carried with a vote of 4 ayes and 2 nays. 10C3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 to the Planning Services Agreement for consulting services for transportation planning with The Goodman Corporation. Tom Word, Chief of Public Works Operations made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Planning Services Agreement ("Agreement") for consulting' services for transportation planning from The Goodman Corporation, and WHEREAS, The Goodman Corporation has submitted;Supplemental Agreement No. 3 to the Agreement to provide a scope of services change, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with The Goodman Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Planning Services Agreement with The Goodman Corporation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such 209 City of Round Rock Regular City Council Meeting March 26, 2009 Page 10 of 11 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of March, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10C4. Consider a resolution authorizing the Mayor to execute a Planning Services Agreement with The Goodman Corporation for a commuter rail link study. Tom Word, Chief of Public Works Operations made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional planning services to conduct a study of the feasibility of creating a Round Rock/Georgetown rail link to the MetroRail Red Line, and WHEREAS, The Goodman Corporation has submitted an Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with The Goodman Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Planning Services Agreement with The Goodman Corporation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the.Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of March, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw 2'10 City of Round Rock Regular City Council Meeting March 26, 2009 Page 11 of 11 Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 1005. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with Klotz Associates Inc. for the WVoming Springs Drive widening Project. Tom Word • D Chief of Public Works Operations made the staff presentation. RESOLUTION NO. WHEREAS,the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Klotz Associates', Inc. for the Wyoming Springs Drive — Widening Project, and WHEREAS, Klotz Associates, Inc. ha's 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 Klotz 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 Klotz 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 26th day of March, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Mayor Pro-Tem Clifford Mayor McGraw Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. ADJOURNMENT There being no further business, the meeting adjourned at 9:55 p.m. Respectfully Submitted, Sara L. White, City Secretary City of Round Rock kvi ( q Z001 21.1.�.p Regular City Council Meeting I `' (A April 23, 2009 f kvi .Z�t l The Round Rock City Council met in Regular Session onThursday, April 23, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER- 7:00 P.M. • Mayor Pro-Tem Clifford called the meeting to order at 7:04 p.m. ROLL CALL Those members present were Councilmember Rufus Honeycutt, Councilmember George White, Mayor Pro-tem Joe Clifford, Councilmember Carlos Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were Jim Nuse, City Manager, David Kautz, Assistant City Manager, Cindy Demers, Assistant City Manager, Steve Sheets, City Attorney and Cheryl Delaney, Finance Director. Mayor McGraw was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor Pro-Tem Clifford led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag CITIZEN COMMUNICATION There were no citizens wishing to speak at this meeting. PROCLAMATIONS: 5A. Consider proclaiming April 25, 2009 as "Arbor Day" in the City of Round Rock. Councilmember White read the following proclamation and presented it to Emsud Horozovic: WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than one million trees in Nebraska; and WHEREAS, 2009 is the 137th Anniversary of Arbor Day and is now a nationally celebrated observance that encourages tree planting and tree care; and WHEREAS, trees have many wonderful benefits, such as: reducing the erosion of our precious topsoil from .wind and water, lowering heating and cooling costs, moderating the temperature, purifying the air, producing life-giving oxygen, providing a habitat for wildlife and beautifying our community; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and trees 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 166 trees along Old Settlers Park Trail on Saturday, April 25, 2009, from 9:00 a.m. to noon for Arbor Day; NOW, THEREFORE, I, Joe Clifford, Mayor Pro-Tem of the City of Round Rock, do hereby proclaim April 23, 2009 as "ARBOR DAY" 212 City of Round Rock Regular City Council Meeting April 23, 2009 Page 2 of 15 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 our community and future generations. PROCLAIMED this 23rd day of April 2009. 5B. Consider proclaiming April 30,2009 as "EI Dia de Los Ninos: Celebrating Young • Americans Day" in the City of Round Rock. Gouncilmember Salinas read the following proclamation and presented it to Rigo Valles of the Round Rock Police Department: 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 El 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 this nationally recognized holiday by supporting "iAPOYANDONOS! en EI Dia del Ninos," a free event for the whole family that will provide an abundance of information regarding health, education and safety for the Hispanic Community; NOW, THEREFORE, I, Carlos Salinas, on behalf of Joe Clifford, Mayor Pro-Tem of the City of Round Rock,Texas, do hereby proclaim April 30, 2009, as , "EI Dia de Los Ninos:Celebrating Young Americans Day" and urge all citizens to celebrate now and forever this special day in the lives of children and to also attend the "!APOYANDONOS! en EI Dia del Ninos" festivities on May 2, 2009, at the Allen R. Baca Center for Senior and Community Activities. PROCLAIMED this 23rd day of April 2009. 5C. Consider proclaiming May 2009 at "Hispanic Heritage Month." Councilmember Rhode read the following proclamation and presented it to Maria Green of the Round Rock Independent School District as well as members of the Round Rock EI Amistad Club: 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 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 culture and brings focus to the many traditions that have been handed down from generation to generation; NOW THEREFORE, I, Scott Rhode, onibehalf of Joe Clifford, Mayor Pro-Tem of the City of Round Rock,Texas, do hereby proclaim the month of May 2009 as "HISPANIC HERITAGE MONTH" in the City of Round Rock and urge everyone to partake in the many cultural events going on throughout the month on May. PROCLAIMED this 23rd day of April 2009. r. � 213 City of Round Rock Regular City Council Meeting April 23, 2009 Page 3 of 15 6A. Consider approval of the City Council minutes for April 9, 2009. MOTION: Councilmember Rhode moved to approve the City Council minutes for April 9, • 2009. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. PRESENTATIONS: 7A1. Consider a presentation on the City's Financial Status. Cheryl Delaney, Finance Director made the staff presentation. She presented the Council with some statistics regarding the unemployment rate in Round Rock, the latest sales tax reports and also an update on • property tax collections year to date and the projections for property values for next year. 7131. Consider a presentation by Plante & Moran, PLLC regarding the Information Systems Assessment and Business Process Analysis. Daniel Saucedo started the presentation and gave a brief introduction and then turned it over to Adam Rujan and Jason McKinley of Plante & Moran. They went presented background information on the company and went over the findings of the analysis and assessment. Additionally, they covered some of the return on investments they project the City to realize. Cindy Demers, Assistant City Manager wrapped up the presentation. PUBLIC HEARINGS: 8A1. Consider public testimony regarding the proposed unilateral annexation of 9.36 • acres of RM 620 right-of-way from the existing city limits near the intersection of Wyoming Springs Drive and RM 620, west to its intersection with Smyers Lane. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem opened the public hearing. There being no testimony, the public hearing was closed. 214 City of Round Rock Regular City Council Meeting April 23, 2009 Page 4 of 15 8A2 Consider public testimony regarding the unilateral annexation of 1.52 acres of Park Valley right-of-way located west of Wyoming Springs Drive and extending to the boundary of Fern Bluff Municipal Utility District. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem opened the public hearing. There being no testimony, the public hearing was closed. 8A3 Consider public testimony regarding the proposed unilateral annexation of 4.378 acres of Meister Lane right-of-way located south of Gattis School Road and extending southward as Meister Lane into the intersection of IH-45. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem Clifford opened the Public Hearing. There being no testimony, the public hearing was closed. 8A4 Consider public testimony rekarding the proposed unilateral annexation of 1.72 acres located immediateIV south of High CountrV Boulevard between High Point Drive to the • east and Flower Hill Drive to the west. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director and Tom Word, Chief of Public Words Operations made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. Steve Sparks, 2701 High Country Boulevard, spoke to Council in opposition of the annexation. There being no further testimony, the public hearing was closed. 8A5. Consider public testimony regarding the proposed unilateral annexation of 0.135 acres of SH 45 right-of-way located to the west of the intersection of SH 45 and Greenlawn Boulevard. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. There being no testimony,the public,hearing was closed. 215 City of Round Rock Regular City Council Meeting April 23, 2009 Page 5of15 8A6. Consider public testimony regarding the proposed unilateral annexation of 2.339 acres of SH 45 right-of-way located to the east of the intersection of SH 45 and Greenlawn Boulevard. (Second Public Hearing) Jim Stendebach, Planning and Community �i Development Director made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. There being no testimony,the public hearing was closed. 8A7. Consider public testimony regarding the proposed unilateral annexation of 1.607 acres of SH 45 right-of-way located between Greenlawn Boulevard to the west and Jazz Street to the east.(Second Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. There being no testimony, the public hearing was closed. 8A8. Consider public testimony regarding the proposed unilateral annexation of • 30.02 acres of land located immediately north of East Old Settlers Boulevard between Bluffstone Drive on the west and Settlers Park Loop on the east, northward to the boundary of Settlers Overlook Section 2. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director and Tom Word, Chief of Public Works Operations made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. Lucy Guerrero, 3570 Rockin J Road, spoke to the Council in opposition of the annexation. There being no further testimony,the public hearing was closed. 8A9. Consider public testimony regarding the proposed unilateral annexation of 5.5 • acres located immediately to the northwest of the intersection of East Old Settlers Boulevard and Harrell Parkway between Aaron Ross Way on the east and Settlers Park Loop on the west. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director and Tom Word, Chief of Public Works Operations made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. 216 City of Round Rock Regular City Council Meeting April 23, 2009 Page 6 of 15 There being no testimony,the public'hearing was closed. 8A10. Consider public testimony regarding the proposed unilateral annexation of 20.69 acres located immediately to the north of East Old Settlers Boulevard, west of Bluffstone • Drive, and east and west of its intersection with Fairview Lane. (Second Public Hearing) Jim Stendebach, Planning and Community Development Director and Tom Word, Chief of Public Works Operations made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. Hossain Mehrabian, 3200 Old Settlers Boulevard, owner spoke in opposition of the annexation. There be no further testimony, the public hearing was closed. 8A11. Consider public testimony regarding the proposed unilateral annexation of 9.939 acres located immediately south of East Old Settlers Boulevard, to the east and west of its intersection with Brenda Lane. (Second Public Hearing) Jim Stendebach, Planning and Community Development ment Director and Tom Word Chief of Public Works Operations made the • p staff presentation. Mayor Pro-Tem Clifford opened the public hearing. Jim Patterson with Life Connection Church, 3109 E. Old Settlers Boulevard, spoke to the Council in opposition of the annexation. There being no further testimony, the public hearing was closed. 8Al2. Consider public testimony regarding proposed amendments to Chapter 11, Code of Ordinances, regarding community recreational facilities. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Pro-Tem Clifford opened the public hearing. There being no testimony, the public'hearing was closed. • ORDINANCES: 9A1. Consider an ordinance amending Chapter 11, Code of Ordinances, regarding community recreational facilities. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. 217 City of Round Rock Regular City Council Meeting April 23, 2009 Page 7of15 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.415.2, 11.418, AND 11.800, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING COMMUNITY RECREATIONAL FACILITIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING • CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with 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 White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 9131. Consider an ordinance amending Chapter 3, Section 3.105, and adding Section 3.1600, Code of Ordinances, regarding installation of landscape irrigation systems. (First Reading) Michael Thane, Utilities Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105, AND ADDING SECTION 3.1600 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING INSTALLATION OF LANDSCAPE IRRIGATION SYSTEMS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember Salinas seconded the motion. 218 City of Round Rock Regular City Council Meeting April 23, 2009 Page 8 of 15 VOTE: Ayes: Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: Councilmember Honeycutt • Councilmember White Absent: Mayor McGraw ACTION: The motion carried with four (4) ayes and two (2) nays. 9132. Consider an ordinance amending Chapter 10, Section 10.813, Code of Ordinances, regarding the City's watering schedule. (First Reading) Michael Thane, Utilities Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10; SECTION 10.813, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING THE CITY'S WATERING SCHEDULE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember White moved to approve the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Y Y Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. RESOLUTIONS: 2.19 City of Round Rock Regular City Council Meeting April 23, 2009 Page 9 of 15 10A1. Consider a resolution authorizing v the Mayor to execute a Construction Contract with Excel Construction Services, LLC for the 2009 Water Treatment Plant • Rehabilitation Prosect- Phase IV Sludge Collection Equipment Retrofits. Michael Thane, Utilities Director made the staffp resentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 2009 Water Treatment Plant Rehabilitation Project- Phase IV Sludge Collection Equipment Retrofits Project, and WHEREAS, Excel Construction Services LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Excel Construction Services LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Excel Construction Services LLC for the 2009 Water Treatment Plant Rehabilitation Project- Phase IV Sludge Collection Equipment Retrofits Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of April, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 1061. Consider a resolution authorizing the Mayor to execute a Contract for • Engineering Services with Freese & Nichols, Inc. for the Storm Water Master Plan-Phase 1 Project. Danny Halden, City Engineer made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Storm Water Master Plan— Phase I Project, and 220 City of Round Rock Regular City Council Meeting April 23, 2009 Page 10 of 15 WHEREAS, Freese and Nichols, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Freese and Nichols, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Freese and Nichols, Inc. for the Storm Water Master Plan — Phase I 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 23rd day of April, 2009. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 10C1. Consider a resolution adopting the City's Strategic Plan - Game On 2060. Jim Nuse, City Manager made the staff presentation and turned it over to Dr. Herb Marlowe with Analytica who provided a strategic plan update and the proposed next steps. RESOLUTION N'O. WHEREAS, on July 24, 2008 the City Council adopted Resolution No. R-08-07-24-10C1 retaining the firm of Analytica to facilitate and assist in the development of a Strategic Plan, and WHEREAS, after a comprehensive process in gathering input from numerous sources, Analytica has developed and recommended that the City Council approve and adopt a Strategic Plan, entitled City's Strategic Plan—Game On 2060, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City's Strategic Plan — Game On 2060, a copy of which is attached hereto as • Exhibit "A" and incorporated herein for all purposes, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 23rd day of April, 2009 221 City of Round Rock Regular City Council Meeting April 23, 2009 Page 10 of 15 EREAS, Freese and Nichols, Inc. has submitted a Contract for Engineering Services to pro' services, and S, the City Council desires to enter into said contract with Freese and Nichols, Inc., No re BE VED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, • \ ThaV. or is hereby authorized and directed to execute on behalf of the City a Contract for ,ng Services with Freese and Nichols, Inc. for the Storm Water Master Plan — Phase I Projee of said contract being attached hereto as Exhibit "A" and incorporated herein for all pur' The City Co ; , eby finds and declares that written notice of the date, hour, place and subject of the t which this Resolution was adopted was posted and that such meeting was open to ,as required by law at all times during which this Resolution and the subject matter hereiscussed, considered and formally acted upon, all as required by the Open Meetings Act, 551,Texas Government Code, as amended. RESOLVED this 23rd . '��;ail, 2009. MOTION: Councilmembe moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilm ` neycutt Councilme \;ite Councilmen s Councilmembe Councilmemben L d Mayor Pro-tem C Nays: NoneAbsent: Mayor McGraw N ACTION: The motion carried unanimously. 10C1. Consider a resolution ado tin the Cit', e is Plan - Game On 2060. Jim Nuse, City Manager made the staff presentation and turn ",� er to Dr. Herb Marlowe with Analytica who provided a strategic plan update and the propos t steps. RESOLUTION NO. WHEREAS, on July 24, 2008 the City Council adopted Resolu ',.R-08-07-24-10C1 retaining the firm of Analytica to facilitate and assist in the developmen tegic Plan, and WHEREAS, after a comprehensive process in gathering input fro ous sources, Analytica has developed and recommended that the City Council approve a a Strategic Plan, entitled City's Strategic Plan—Game On 2060, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the City's Strategic Plan — Game On 2060, a copy of which is attac eto as Exhibit "A" and incorporated herein for all purposes, is hereby approved and adopte \, The City Council hereby finds and declares that written notice of the date, h klace and subject of the meeting at which this Resolution was adopted was posted and ch meeting was open to the public as required by law at all times during which this Resolut' ' d the subject matter hereof were discussed, considered and formally acted upon, all as re by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 23rd day of April, 2009 222 City of Round Rock Regular City Council Meeting April 23, 2009 Page 11 of 15 MOTION: Councilmember Honeycutt'moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 10C2. Consider a resolution authorizing the Mayor to execute an Agreement for Professional Services with Analytica for Phase 2 of Strategic,Planning. Jim Nuse, City Manager made the staff presentation. RESOLUTION,NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for facilitation and strategic planning advisory services, and WHEREAS, Analytica has submitted an Agreement for Professional Consulting Services to provide said services, and • WHEREAS, the City Council desires to enter into said agreement with Analytica, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting;Services for Facilitation and Strategic Planning Advisory Services with Analytica for Phase-"2 of Strategic Planning: Sustained High Performance — Execution Through Systems, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council herebylinds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required,by law at all times during which this Resolution and the subject matter hereof-Vvere 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 April, 2009. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 223 City of Round Rock Regular City Council Meeting April 23, 2009 Page 12 of 15 10C3. Consider a resolution authorizing the Mayor to execute a Joint Election Agreement with Travis County Participating Entities for the May 9, 2009 Election. Sara White, City Secretary made the staff presentation. • RESOLUTION NO. WHEREAS, the City of Round Rock has contracted with Travis County to conduct and provide election services on May 9, 2009; and WHEREAS, other political subdivisions have contracted or are contracting with Travis County to conduct and provide election services on May 9, 2009; 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 23rd day of April, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. • 10D1. Consider a resolution authorizing the Mayor to execute a Statement Covering Utility Construction Contract Work with the Texas Department of Transportation regarding the FM 1460 (A.W. Grimes Blvd.) Widening Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. RESOLUTION NO. 1 224 City of Round Rock Regular City Council Meeting April 23, 2009 Page 13 of 15 WHEREAS, on September 28, 2006, the City of Round Rock approved a Standard Utility Agreement ("Agreement") with the State of Texas, acting by and through the Texas Department of Transportation ("TxDOT") regarding the widening of FM 1460 from north of Old Settlers Blvd. to US 79, and WHEREAS, the City of Round Rock desires to enter into a Statement Covering Utility Construction Contract Work with TxDOT in relation to the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Statement Covering Utility Construction Contract Work 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 23rd day of April, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 10D2. Consider a resolution authorizing the Mayor to execute a Utility Adjustment Agreement with Southwestern Bell Telephone Company, dba AT&T Texas for the Southwest Area Downtown Infrastructure Project. Tom Word, Chief of Public Works Operations made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock wishes to enter into a Utility Adjustment Agreement with Southwestern Bell Telephone Company d/b/a AT&T Texas ("AT&T") for the removal and relocation of aerial utility facilities into a City-owned underground duct bank facility in connection with the Southwest Area Downtown Infrastructure Improvements Project, Now • Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Utility Adjustment Agreement with AT&T, 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 225 City of Round Rock Regular City Council Meeting April 23, 2009 Page 14 of 15 the subject matter hereof 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 April, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember r Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember,Rhode Councilmember Whitfield Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 10D3. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement to the Public Road Crossing Improvement Agreement with Union Pacific Railroad Company for the Sam Bass Road Project. Tom Word, Chief of Public Works Operations made the staff presentation. • RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and the Union Pacific Railroad Company ("UPRR") entered into a Public Road Crossing Improvement Agreement ("Agreement") for the crossing at Sam Bass Road, on August 28, 2008, 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 23rd day of April, 2009. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford 226 City of Round Rock Regular City Council Meeting April 23, 2009 Page 15 of 15 Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. APPOINTMENT 11A. Consider the appointment of a representative and one alternate to the Technical Review Committee for the Brushy,Creek Regional Wastewater System. Jim Nuse, City Manager made the staff presentation. MOTION: Councilmember Whitfield moved to free form appoint by acclamation Cindy Demers as the representative and Michael Thane as the alternate.. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember White Councilmember Honeycutt Councilmember Whitfield Councilmember Salinas Councilmember Rhode Mayor Pro-tem Clifford Nays: None Absent: Mayor McGraw • ACTION:The motion carried unanimously. COUNCIL COMMENTS ADJOURNMENT There being no further business, the meeting adjourned at 10:18 p.m. Respectfully Submitted, 5tV1A/t'- oit+Q Sara L. White, City Secretary • 227 City of Round Rock Regular City Council Meeting April 9, 2009 The Round Rock City Council met in Regular Session on Thursday, April 09, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER-7:00 P.M. ROLL CALL Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager,Jim Nuse, Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. No one was absent from this meeting. PLEDGE OF ALLEGIANCE: 3A. United States Flag 3B. Texas State Flag CITIZEN COMMUNICATION There were no citizens wishing to speak. • PROCLAMATIONS: 5A. Consider proclaiming April 25 and April 26, 2009 to be "White Cane Days" in the City of Round Rock. Mayor McGraw read the following proclamation and presented it to Mary Hadden and Shirley Dillan of the Round Rock Lions Club and Round Rock Noon Lions Club. 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 Days promote awareness of the independence and contributions that blind individuals 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 Congress authorized the President of • the United States to proclaim an annual "White Cane Safety Day"; NOW THEREFORE, I, ALAN McGRAW, Mayor of the City of Round Rock,Texas, do hereby proclaim April 25 and April 26, 2009, to be "White Cane Days" in the City of Round Rock, and I furthermore commend the Lions Clubs of Round Rock for their endeavor to raise awareness and financial support for programs enabling the visually challenged to live more independent, self-sufficient and dignified lives. PROCLAIMED this 9th day of April 2009. 228 City of Round Rock Regular City Council Meeting April 9, 2009 Page 2 of 16 5B. Consider a proclamation designating the week of April 12 through April 18 2009 as Round Rock Telecommunicators Week. Mayor McGraw read the following proclamation and presented it to Rebecca Rodriguez, Alain Babin and Ken Evans of the Police Department. WHEREAS, emergencies can occur at any time that require police, fire or emergency is medical services; and WHEREAS, when an emergency occurs, prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters depends upon the quality and accuracy of information obtained from citizens who telephone the Round Rock Police Department Communications Center; and WHEREAS, Public Safety Telecommunicators are a vital link for our first responders by monitoring activities by radio, providing information, and ensuring their safety; and WHEREAS, Public Safety Telecommunicators of the Round Rock Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each Telecommunicator has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; and WHEREAS, the men and women of the Round Rock Police Department Communications Center unceasingly provide a crucial public service and whose diligence and professionalism- keeps our citizens safe; NOW, THEREFORE, I, Alan McGraw, Mayor of the City of Round Rock,Texas, do hereby call upon all citizens of Round Rock and all patriotic, civic and educational organizations to observe the week of April 12 through April 18, 2009, as "Round Rock Telecommunicators Week" and ask all citizens, along with Public Safety, Health, and Public Service personnel to join in expressing sincere thanks, gratitude and appreciation for the many long hours of service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. PROCLAIMED this 9th day of April 2009. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *7A. Consider approval of the City Council minutes for March 26, 2009. *10C1. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances, establishing new speed limits on a portion of RM 620 (Round Rock Avenue) from 644' east of Deep Wood Drive to Mays Street. (Second Reading) *10C2. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances establishing a new speed limit on Red Bud Lane from U.S. 79 to CR117. (Second Reading) 229 City of Round Rock Regular City Council Meeting April 9, 2009 Page 3 of 16 *10C3 Consider'an ordinance amending Chapter 9 Section 9.503, Code of Ordinances, designating a portion of RM620 as a school speed zone. (Second Reading) *10C4 Consider an ordinance amending Chapter 9 Section 9.1816, Code of Ordinances, • to prohibit stopping standing, or parking of vehicles on Tiger Trail. (Second Reading) MOTION: Councilmember Rhode moved to approve the consent agenda. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember;H,oneycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the City Council minutes for March 26, 2009. This item was approved under the consent agenda. PRESENTATIONS: 8A1. Consider a presentation regarding the Storm Water Master Plan. Danny Halden, City Engineer, made the staff presentation. PUBLIC HEARINGS: 9A1. Consider public testimony regarding an application packet for the Recovery Act Edward Byrne Memorial Justice Assistance Grant for Fiscal Year 2010- 2011 in the amount of $54,000. Police Chief Bryan Williams made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public;hearing was closed. • 9131. Consider public testimony regarding the proposed unilateral annexation of 12.56 acres of land located to the east of Sunrise Road between Eagles Nest Street and Applegate Circle. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. 230 City of Round Rock Regular City Council Meeting April 9, 2009 Page 4 of 16 George Castleberry, of Round Rock spoke to the Council against the annexation. John Giddings, 941 Spring Circle, Round Rock, spoke to the Council against the annexation. There being no further testimony, the public hearing was closed. • 962. Consider public testimony regarding the proposed unilateral annexation of 9.36 acres of RM 620 right-of-way from the existing city limits near the intersection of Wyoming Springs Drive and RM 620, west to its intersection with Smyers Lane. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9133. Consider public testimony regarding the unilateral annexation of 1.52 acres of Park Valley right-of-way located west of Wyoming Springs Drive and extending to the boundary of Fern Bluff Municipal Utility District. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 964. Consider public testimony regarding the proposed unilateral annexation of 4.378 acres of Meister Lane right-of-way located south of Gattis School Road and extending southward as Meister Lane into the intersection of I1-1-45. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9135. Consider public testimony regarding the proposed unilateral annexation of 1.72 acres located immediately south of High Country Boulevard between High Point Drive to the east and Flower Hill Drive to the west. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. 23.1 City of Round Rock Regular City Council Meeting April 9, 2009 Page 5 of 16 Steve Sparks,2701 High Country Boulevard, Round Rock is the property owner of the proposed property to be annexed and he spoke to the Council against the annexation. There being no further testimony, the public hearing was closed. • 9B6. Consider public testimony regarding the proposed unilateral annexation of 0.135 acres of SH 45 right-of-way located to the west of the intersection of SH 45 and Greenlawn Boulevard. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 987. Consider public testimony regarding the proposed unilateral annexation of 2.339 acres of SH 45 right-of-way located to the east of the intersection of SH 45 and Greenlawn Boulevard. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9B8. Consider public testimony regarding the proposed unilateral annexation of 1.607 acres of SH 45 right-of-way located between Greenlawn Boulevard to the west and Jazz Street to the east. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9B9. Consider public testimony regarding the proposed unilateral annexation of 30.02 acres of land located immediately north of East Old Settlers Boulevard between Bluffstone • Drive on the west and Settlers Park Loop on the east, northward to the boundary of Settlers Overlook Section 2. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. 232 City of Round Rock Regular City Council Meeting April 9, 2009 Page 6 of 16 Hessain Mehrabian, 3200 E. Old Settlers Blvd, Round Rock, spoke on behalf of Lucy Gerrero in opposition of the annexation. There being no further testimony,the public hearing was closed. 9B10. Consider public testimony regarding the proposed unilateral annexation of 5.5 • acres located immediately to the northwest of the intersection of East Old Settlers Boulevard and Harrell Parkway between Aaron Ross Way on the east and Settlers Park Loop on the west. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. Luciano Rivera, 4000 E. Old Settlers Blvd, Round Rock,spoke in opposition of the annexation. There being no further testimony, the public hearing was closed. 9B11. Consider public testimony regarding the proposed unilateral annexation of 20.69 acres located immediately to the north of East Old Settlers Boulevard, west of Bluffstone • Drive, and east and west of its intersection with Fairview Lane. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. Judy Hubble, 3000 E. Old Settlers Blvd, Round Rock spoke to the Council in opposition of the annexation. Hessain Mehrabian, 3200 E. Old Settlers Blvd, Round Rock, in opposition of the annexation. There being no further testimony,the public hearing was closed. 9B12. Consider public testimony regarding the proposed unilateral annexation of 9.939 acres located immediately south of East Old Settlers Boulevard, to the east and west of its intersection with Brenda Lane. (First Public Hearing) Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. ;i 233 City of Round Rock Regular City Council Meeting April 9, 2009 Page 7 of 16 Jim Patterson with Life Connection Church, 3109 E. Old Settlers Blvd, Round Rock, spoke to the Council in opposition of the annexation. There being no further testimony, the public hearing was closed. 91313. Consider public testimony regarding an application files by Chandler Creek, L.P. to rezone 72.32 acres of land south of Sunrise Road and north of Cypress Boulevard, from the LI (Light Industrial) zoning district to Planned Unit Development (PUD) No. 86 zoning district, `. known as Chandler Creek Business Park. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 10A1. Consider an ordinance rezoning 72.32 acres of land located south of Sunrise Road and north of Cypress Boulevard,from the LI (Light Industrial) zoning district to Planned • Unit Development (PUD) No. 86 zoning district. (First Reading)Jim Stendebach, Planning and Community Development Director made the staff presentation. 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 72.32 ACRES OF LAND, OUT OF OAKMONT CENTRE SECTION THREE, LOTS 3 AND 4, BLOCK B, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL)TO PLANNED UNIT DEVELOPMENT (PUD) NO. 86. MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas' Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 234 City of Round Rock Regular City Council Meeting April 9, 2009 Page 8 of 16 MOTION: Mayor Pro-tem Clifford moved to dispense with 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 White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 10A2. Consider an ordinance amending Chapter 3, Section 3.1400, Code of Ordinances, regarding special purpose signs internal to Commercial Centers. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1400, BY ADDING SECTION 3.14065, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING SPECIAL PURPOSE • SIGNS IN COMMERCIAL CENTERS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Councilmember White moved to dispense with 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 White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode 235 City of Round Rock Regular City Council Meeting April 9, 2009 Page 9 of 16 Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. 1061. Consider an ordinance amending Chapter 10, Section 10.101, Code of Ordinances regarding connection to available sewer and water lines. (First Reading) Steve Sheets, City Attorney made the staff presentation. ORDINANCE NO.:;s: AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.101, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING GENERAL WATER AND SEWER SYSTEM POLICIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember White moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford •. Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. *10C1. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances, establishing new speed limits on a portion of RM 620 (Round Rock Avenue)from 644' east of 236 City of Round Rock Regular City Council Meeting April 9, 2009 Page 10 of 16 Deep Wood Drive to Mays Street. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 • EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF RM 620 (ROUND ROCK AVENUE) AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10C2. Consider an ordinance amending Chapter 9, Section 9.502, Code of Ordinances establishing a new speed limit on Red Bud Lane from U.S. 79 to CR117. (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 RED BUD LANE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10C3. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances, designating a portion of RM620 as a school speed zone. (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 RM 620 (ROUND ROCK AVENUE); PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *1004. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances, to prohibit stopping, standing, or parking of vehicles on Tiger Trail. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON TIGER TRAIL; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: 237 City of Round Rock Regular City Council Meeting April 9, 2009 Page 11 of 16 11A1. Consider a resolution authorizing the Mavor to execute a contract for Engineering Services with Waeltz & Prete, Inc. for the Red Bud Lane Phase IV proiect. Tom Word, Chief of Public Works Operations made the staff presentation. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Red Bud Lane Phase IV Project, and WHEREAS,Waeltz&Prete, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Waeltz & Prete, 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 Waeltz & Prete, Inc. for the Red Bud Lane Phase IV Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of April, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. 11131. Consider a resolution authorizing the Mayor to execute an agreement with the Texas Department of Transportation for the temporary closure of the right westbound lane of US 79 for the 6th Annual Texas Road Rash Inline Skating Marathon on April 19, 2009. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the right lane of US 79, westbound from Red Bud Lane to Harrell Parkway be 238 City of Round Rock Regular City Council Meeting April 9, 2009 Page 12 of 16 closed on Sunday, April 19, 2009 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, the City Council wishes to enter into an Agreement for the Temporary Closure of State Right-of-Way with TxDOT authorizing the closure of US 79 as set forth above, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Texas Road Rash Inline Skating Marathon will serve a legitimate public purpose, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Temporary Closure of State Right-of-Way with the Texas Department of Transportation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of April, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 11C1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement regarding Due Diligence Services for the Deep Water Intake Site for the Regional Water �Pro'ect with the Cities of Cedar Park and Leander. Michael Thane Utilities D', Ut it es erector made the staff presentation. 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 Due Diligence Services for the Deep Water Intake Site for the Regional Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the City of Cedar Park and the City of Leander, a copy of same being j_ 239 City of Round Rock Regular City Council Meeting April 9, 2009 Page 13 of 16 attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. - VOTE: Ayes: Councilmember,Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-tem Clifford ACTION: The motion carried unanimously. 11C2. Consider a resolution authorizing the Mayor to execute a contract for Services with Jacobs Engineering Group, Inc. regarding Due Diligence Services for the Deep Water Intake • Site for the Regional Water Project. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Due Diligence Analysis for the BCRUA's Deep Water Intake Facility Site Project, and WHEREAS,Jacobs Engineering Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Jacobs Engineering Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Jacobs Engineering Group, Inc. for the Due Diligence Analysis for the BCRUA's Deep Water Intake Facility Site Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by-law at-all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 9th day of April, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White 240 City of Round Rock Regular City Council Meeting April 9, 2009 Page 14 of 16 Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None • Absent: None ACTION: The motion carried unanimously. 11D1. Consider a resolution authorizing the Mayor to approve a grant application through the COPS Hiring RecoverV Program (CHRP) for two police officer positions. Police Chief Bryan Williams made the staff presentation. RESOLUTION NO. WHEREAS, the U.S. Department of Justice, Office of Community Oriented Policing Services, has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the COPS Hiring Recovery Program (CHRP), which is funded through the American Recovery and Reinvestment Act of 2009, and WHEREAS, the City Council wishes to make application for the grant to fund two police officer 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 various documents in the application packet for the COPS Hiring Recovery Program Grant for Fiscal Year 2010, a copy of said Application being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2009. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 11D2. Consider a resolution authorizing the Mayor to execute various required documents in the application packet for the RecoverV Act Edward Byrne Memorial Justice 24.1 City of Round Rock Regular City Council Meeting April 9, 2009 Page 15 of 16 Assistance Grant for Fiscal Year 2010- 2011 in the amount of$54,000. Police Chief Bryan Williams made the staff presentation. RESOLUTION NO. WHEREAS, the U.S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the Office of Justice Programs Bureau of Justice Assistance under the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Program, and WHEREAS, the City Council wishes to make application for the available funds for the purchase of audio/video surveillance equipment.and tracking devices, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City various documents in the application packet for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant for Fiscal Year 2010-2011, a copy of said Application being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2009. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember • Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 11D3. Consider a resolution authorizing the Mayor to approve a grant application to develop a Hazard Mitigation Action Plan (HMAP). Brad Bradford, Emergency Management Coordinator made the staff presentation. • RESOLUTION NO. WHEREAS, the Federal Emergency Management Agency has grant funds available through the Hazard Mitigation Grant Program, and WHEREAS, the City Council wishes to make application for the available funds to develop an approved Hazard Mitigation Action Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City various documents in the application packet to develop a Hazard Mitigation Action Plan, a copy of said Application being attached hereto as Exhibit "A" and incorporated herein for all 242 City of Round Rock Regular City Council Meeting April 9, 2009 Page 16 of 16 purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 April, 2009. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. COUNCIL COMMENTS ADJOURNMENT There being no further business,the meeting adjourned at 9:43 p.m. • Respectfully Submitted, �D�- ww Sara L. White, City Secretary 243_ City of Round Rock Special Called City Council Meeting May 14,2009 The Round Rock City Council met in a Special Called Session on Thursday, May 14,2009, in the City Council Chamber,221 E.Main Street. CALL SESSION TO ORDER—4:00 P.M. Mayor McGraw called the meeting to order at 4:05 p.m. • ROLL CALL: Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield.Also present were City Manager Jim Nuse, Assistant Manager David Kautz,Assistant City Manager Cindy Demers, and City Attorney Steve Sheets. 3A. Consider Executive Session as authorized by §551.071 Government Code, to conduct private consultation with the City Attorney regarding litigation threatened by the owners of property considered for annexation. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 4:10 p.m.and adjourned at 4:35 p.m. 3B. Consider Executive Session as authorized by §551.071 Government Code, to conduct private consultation with the City Attorney regarding a settlement offer and/or contemplated litigation regarding the Wastewater Disposal Contract with the Lower Colorado River Authority. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw • called the Executive Session to order at 4:35 p.m.and adjourned at 5:10 p.m. ADJOURNMENT There being no further business,the meeting adjourned at 5:11 p.m. Respectfully Submitted, z9��1/1il/1� VkU Sara L.White,City Secretary • 244 City of Round Rock Special Called Joint Work Session May 14, 2009 The Round Rock City Council met in a Special Called Joint Session with the Planning and Zoning Commission on Thursday, May 14, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER- 5:30 P.M. • Mayor McGraw called the meeting to order at 6:00 p.m. ROLL CALL Those members present were Mayor Alan McGraw, Councilmember Rufus Honeycutt, Councilmember George White, Mayor Pro-Tem Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Planning and Zoning Commission members present were. Al Kosik, Chairperson, Commissioner Dale Austin, Commissioner Peter Drapes, Commissioner John Latchford, Commissioner Celeste Lesmeister, Commissioner Michael Morales, Commissioner David Pavliska, and Commissioner Ray Thibodaux. Also present were City Manager Jim Nuse, City Attorney Steve Sheets, Assistant City Manager/CFO David Kautz, Assistant City Manager Cindy Demers and Finance Director Cheryl Delany. No one was absent from this meeting. PRESENTATIONS: 3A. Consider a.presentation and discussion regarding the Draft of the Downtown Master Plan. Neil Payton of Torti Gallas presented the draft of the Downtown Master Plan to both the Council and the Planning and Zoning Commission. He went through each item of the plan as time allowed and answered questions posed by the City Council and Planning and Zoning Commission members. ADJOURNMENT There being no further business, the meeting was adjourned at 7:51pm. Respectfully Submitted, • 2 yp�- OA- t Sara L. White, City Secretary 245 City of Round Rock Regular City Council Meeting May 14, 2009 The Round Rock City Council met in Regular Session on Thursday, May 14, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER- 7:00 P.M. Mayor McGraw called the meeting to order at 8:09 p.m. ROLL CALL Those members present were Mayor Alan McGraw, Councilmember Rufus Honeycutt, Councilmember George White, Mayor Pro-Tem Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, City Attorney Steve Sheets, Assistant City Manager/CFO David Kautz, Assistant City Manager Cindy Demers and Finance Director Cheryl Delany. No one was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges: 3A. United States Flag • 3B. Texas State Flag CITIZEN COMMUNICATION Kirby Hiscox, 2433 Cloud Peak Lane, Round Rock, spoke to the City Council regarding noise from trash trucks behind his house between 2:00 a.m. and 6:00 a.m. Regina Bacon Criswell, 7863 Bent Briar, San Antonio, spoke regarding the annexation of properties on East Old Settlers Boulevard. She represents several of the property owners and notified the City Council that they will be filing a law suit if the properties are annexed. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *6A. Consider approval of the City Council minutes for April 26, 2009. *9A1. Consider a resolution authorizing the Mayor to execute an engagement letter with Paul Hornsby and Company for appraisal services relating to the Chisholm Trail widening rp oiect. 246 City of Round Rock Regular City Council Meeting May 14, 2009 Page 2 of 29 *961. Consider a resolution authorizing the City Manager to approve a grant application to the Federal Emergency Management Agency for an Assistance to Firefighters Grant. *9D1. Consider a resolution authorizing the Mayor to execute Changer Order No. 1 with Austin Bridge and Road for East Austin Avenue and East Liberty Avenue Improvements Proiect. *9E1. Consider a resolution authorizing a property tax refund to Austin Luxury Apartments, LLC for 2007 taxes in the amount of$3706.98. MOTION: Mayor Pro-tem Clifford moved to approve the consent agenda. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for April 26, 2009. This item was approved under the consent agenda. PRESENTATIONS AND PROCLAMATIONS: 7A1. Consider a presentation regarding the Williamson County and Cities Health District 2008 Service Report. Alren Zander, Round Rock's representative to the board of the Williamson County and Cities Health District, presented the Council with an update on the District and what the City is getting for the money it contributes every year. 7B1. Consider aproclamation recognizing MaV 10-16 2009 as National Police Week • and May 15, 2009 as Peace Officers Memorial Day. Mayor McGraw read the following proclamation and presented it to Police Chief Bryan Williams: WHEREAS, the U.S. Congress and President Obama have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police week; and 247 City of Round Rock Regular City Council Meeting May 14, 2009 Page 3 of 29 WHEREAS, the members of the Round Rock Police Department play an essential role in safeguarding the rights and freedoms of Round Rock citizens; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of peace officers, and that members of the Round Rock Police Department recognize their duty to serve the people by safeguarding life and property, • by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the Round Rock Police Department unceasingly provide a vital public service; NOW, THEREFORE, I, Alan McGraw, Mayor of the City of Round Rock, Texas, call upon all citizens of Round Rock and all patriotic, civic and educational organizations to observe the week of May 10 through May 16, 2009, as ..a: "Round Rock Police Week" with appropriate observances in which we may join in commemorating law enforcement officers, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in -so doing, have established an enduring reputation for preserving our rights and security. I further call upon all citizens of Round Rock to observe May 15, 2009, as "Peace Officers Memorial Day" in honor of law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community and to those who have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. PROCLAIMED this 14th day of May 2009. ORDINANCES: 8A1. Consider an ordinance amending Chapter 3, Section 3.105, and adding Section 3.1600, Code of Ordinances, regarding installation of landscape irrigation systems. (Second Reading) Michael Thane, Utilities Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105, AND ADDING SECTION 3.1600, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING INSTALLATION OF LANDSCAPE IRRIGATION SYSTEMS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember White moved to approve the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt ' • Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 248 City of Round Rock Regular City Council Meeting May 14, 2009 Page 4 of 29 8131. Consider an ordinance dissolving the Round Rock Tourism Commission by repealing Chapter 1, Section 1.3300 of the Round Rock Code of Ordinances. (First Reading) Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. ORDINANCE NO. is AN ORDINANCE OF THE CITY OF ROUND ROCK,TEXAS, DISSOLVING THE TOURISM COMMISSION BY REPEALING CHAPTER 1, SECTION 1.3300 OF THE CODE;OF ORDINANCES (1995 EDITION); AND PROVIDING FOR A SAVINGS CLAUSE' AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem Clifford moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • MOTION: Councilmember Honeycutt moved to dispense with Second Reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8C1. Consider an ordinance adopting the Law Enforcement Fund Budget for FY 2008- 2009. (First Reading)(Requires Two Readings) Cheryl Delaney, Finance Director made the staff • presentation. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2008-2009 FISCAL YEAR. 249 City of Round Rock Regular City Council Meeting May 14, 2009 Page 5 of 29 MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember.Rhode Councilmember Whitfield = Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8D1. Consider an ordinance amending Chapter 9, Section 9.1700, Code of Ordinances, prohibiting through commercial trucks on Chisholm Valley Drive from IH-35 to County Road 172. (First Reading)(Requires Two Readings) Tom Word, Chief of Public Works Operations made the staff presentation. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN AMENDMENTS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON CHISHOLM VALLEY DRIVE FROM IH 35 WEST FRONTAGE TO COUNTY ROAD 172; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously.`' • 8E1. Consider an ordinance amending Chapter 5, Code of Ordinances to establish the Fire Code Board of Appeals. (First Reading) Larry Hodge, Fire Chief made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1502 AND CHAPTER 5, SECTIONS 5.102 AND 5.208 AND ADDING SECTION 5.106, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND 250 City of Round Rock Regular City Council Meeting May 14, 2009 Page 6 of 29 ROCK, TEXAS, REGARDING THE FIRE CODE BOARD OF APPEALS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to approve the ordinance. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem Clifford moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8E2. Consider an ordinance amending Chapter 5, Code of Ordinances, by adding Section 5.700 regarding Hazardous Material Incidents and recovering costs. (First Readin Re uires Two Readings) Larry Hodge, Fire Chief made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING SECTION 5.700, REGARDING HAZARDOUS MATERIAL INCIDENTS AND RECOVERING COSTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-tem Clifford moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield 251 City of Round Rock Regular City Council Meeting May 14, 2009 Page 7 of 29 Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. 8F1. Consider an ordinance amending Chapters 1 and 2, Code of Ordinances, by adding Section 1.1712 regarding rules and regulations for leash-free dog parks and the Round Rock Skate Park, and amending Section 2.1405 regarding the restraint of dogs. (First Reading)(Requires Two Readings) Rick Atkins, Director of Parks and Recreation made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, BY ADDING SECTION 1.1712 GOVERNING RULES AND REGULATIONS FOR LEASH-FREE DOG PARKS AND THE ROUND ROCK SKATE PARK, ESTABLISHING A PENALTY AND AMENDING SECTION 2.1405 GOVERNING RESTRAINT OF DOGS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Salinas moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8F2. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances, to prohibit parking on a portion of Harrell Parkway, Aten Loop,TC Oatts Lane and Whitlow Way. (First Reading)(Requires Two Readings) Rick-Atkins, Parks and Recreation Director made the • staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF HARRELL PARKWAY, ATEN LOOP, TC OATTS LANE, AND WHITLOW WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 252 City of Round Rock Regular City Council Meeting May 14, 2009 Page 8 of 29 MOTION: Councilmember Rhode moved to approve the ordinance. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8F3. Consider an ordinance adopting the Game Plan 2020: Building an Active Community; The Round Rock Strategic Parks and Recreation Master Plan (First Reading) Rick Atkins, Director of Parks and Recreation made the staff presentation. ORDINANCE NO. AN ORDINANCE ADOPTING A "GAME PLAN 2020: BUILDING AN ACTIVE COMMUNITY; THE ROUND ROCK STRATEGIC PARKS AND RECREATION MASTER PLAN," WHICH CONSTITUTES THE CITY OF ROUND ROCK'S NEW STRATEGIC PARKS AND RECREATION MASTER PLAN; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. • MOTION: Councilmember Whitfield moved to approve the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G1. Consider an ordinance authorizing unilateral annexation of 1.52 acres of Park Valley Drive right-of-way located west of Wyoming Springs Drive and extending to the boundary of Fern Bluff Municipal Utility District. (First Reading) Jim Stendebach, Planning and • Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 1.52 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL 253 City of Round Rock Regular City Council Meeting May 14, 2009 Page 9 of 29 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 approve the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. • MOTION: Mayor Pro-tem Clifford moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. 8G2. Consider an ordinance authorizing unilateral annexation of 9.36 acres of RM 620 right-of-way from the existing city lirrmits near the`ihtersection of Wyoming Springs Drive and • RM 620, west to its intersection with Smyers Lane. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 9.36 ACRES DESCRIBED IN EXHIBIT 254 City of Round Rock Regular City Council Meeting May 14, 2009 Page 10 of 29 "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 Whitfield moved to approve the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Councilmember White moved to dispense with second reading with the • unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G3. Consider an ordinance authorizing unilateral annexation of 4.378 acres of Meister Lane right-of-way located south of Gattis School Road and extending southward as Meister Lane into the intersection of SH 45. (First Reading) Jim Stendebach, Planning and • Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 4.378 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL 255 City of Round Rock Regular City Council Meeting May 14, 2009 Page 11 of 29 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: Mayor Pro-Tem Clifford moved to approve the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • MOTION: Councilmember Whitfield moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro- Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G4. Consider an ordinance authorizing unilateral annexation of 0.135 acres of SH 45 right-of-way located to the west of the intersection of SH 45 and Greenlawn Boulevard. (First • Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 0.135 ACRES DESCRIBED IN EXHIBIT "A", ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL 256 City of Round Rock Regular City Council Meeting May 14, 2009 Page 12 of 29 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 Salinas moved to approve the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G5. Consider an ordinance authorizing unilateral annexation of 2.339 acres of SH 45 right-of-way located to the east of the intersection of SH 45 and Greenlawn Boulevard. (First Reading) Jim Stendebach, Planning and Community Development Director, made the staff • presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 2.339 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 e.. 257 City of Round Rock Regular City Council Meeting May 14, 2009 Page 13 of 29 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 approve the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Clifford moved to dispense with second reading with the • unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G6. Consider an ordinance authorizing unilateral annexation of 1.607 acres of SH 45 right-of-way located between Greenlawn Boulevard to the west and Jazz Street to the east. • (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 1.607 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 258 City of Round Rock Regular City Council Meeting May 14, 2009 Page 14 of 29 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 Salinas moved to approve the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Clifford moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. • Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G7. Consider an ordinance authorizing unilateral annexation of 1.72 acres located south of High Country Boulevard between High Point Drive to the east and Flower Hill Drive to the west. (First Reading) Jim Stendebach, Planning and Community Development Director, made the staff presentation. • ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 1.72 ACRES DESCRIBED IN EXHIBIT W, ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING 259 City of Round Rock Regular City Council Meeting May 14, 2009 Page 15 of 29 THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW IN EFFECT AND THOSE WHICH ARE HEREINAFTER ADOPTED; PROVIDING FOR A • SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to approve the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. MOTION: Councilmember Whitfield moved to dispense with second reading with the • unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 8G8. Consider the landowner's petition to include the property under consideration for annexation in the City's Municipal Annexation Plan and/or consider an ordinance authorizing the unilateral annexation of 30.02 acres located immediately north of East Old Settlers Boulevard between Bluffstone Drive on the west and Settlers Park Loop on the east, northward to the boundary of Settlers Overlook Section 2. (First Reading) Jim Stendebach, Planning and Community Development Director made.the staff presentation. ORDINANCE NO. 260 City of Round Rock Regular City Council Meeting May 14, 2009 Page 16 of 29 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 30.02 ACRES DESCRIBED IN EXHIBIT W, ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND • INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW 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 deny the property owners' petition. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • MOTION: Mayor Pro-Tem Clifford moved to approve the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Clifford moved to dispense with second reading with the unanimous consent of all the Councilmembe,rs present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw 261 City of Round Rock Regular City Council Meeting May 14, 2009 Page 17 of 29 Nays: None Absent: None ACTION: The motion carried unanimously. 8G9. Consider the landowner's petition to include the property under consideration for annexation in the City's Municipal Annexation Plan and/or consider an ordinance authorizing the unilateral annexation of 5.5 acres located immediately to the northwest of the intersection of East Old Settlers Boulevard and Harrell Parkway between Aaron Ross Way on the east and Settlers Park Loop on the west. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff.presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 5.5 ACRES DESCRIBED IN EXHIBIT W, ALL OF SAID PROPERTY BEING SITUATED IN WILLIAMSON COUNTY, TEXAS, AND ALL ADJACENT ROADWAYS BEING FOR ANNEXATION; EXTENDING THE BOUNDARY LIMITS OF ROUND ROCK SO AS TO INCLUDE SAID PROPERTY WITHIN ROUND ROCK'S CITY LIMITS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH PROPERTY SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF THE CITY NOW 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 deny the property owners' petition. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • MOTION: Mayor Pro-Tem Clifford moved to approve the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield 262 City of Round Rock Regular City Council Meeting May 14, 2009 Page 18 of 29 Mayor Pro-tem Clifford Mayor McGraw Nays: None! Absent: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Clifford moved to dispense with second reading with the • unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None , Absent: None ACTION: The motion carried unanimously. 8G10. Consider the landowner's petition to include the property under consideration for annexation in the City's Municipal Annexation Plan and/or consider an ordinance authorizing the unilateral annexation of 20.69 acres located immediately to the north of East Old Settlers Boulevard, west of Bluffstone Drive, and east and west of its intersection with Fairview Lane. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 20.69 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 deny the property owners' petition. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White 263 City of Round Rock Regular City Council Meeting May 14, 2009 Page 19 of 29 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford • Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. MOTION: Councilmember Honeycutt moved to approve the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Clifford moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember.Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. SG11. Consider the landowner's petition to include the property under consideration for annexation in the City's Municipal Annexation Plan and/or consider an ordinance • authorizing the unilateral annexation of 9.939 acres located immediately south of East Old Settlers Boulevard,to the east and west of its intersection with Brenda Lane. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. 264 City of Round Rock Regular City Council Meeting May 14, 2009 Page 20 of 29 AN ORDINANCE ANNEXING CERTAIN HEREINAFTER-DESCRIBED ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO-WIT: 9.939 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 deny the property owners' petition. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • MOTION: Councilmember Rhode moved to approve the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield 4 Mayor Pro-tem Clifford Mayor McGraw Nays: None' Absent: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Clifford moved to dispense with second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw 265 City of Round Rock Regular City Council Meeting May 14, 2009 Page 21 of 29 Nays: None Absent: None ACTION:The motion carried unanimously. ,. RESOLUTIONS: *9A1. Consider a resolution authorizing the Mavor to execute an engagement letter with Paul Hornsby and Company for appraisal services relating to the Chisholm Trail widening rp oiect. This item was approved under the consent agenda. *961. Consider a resolution authorizing the City Manager to approve a grant application to the Federal EmergencV Management Agency for an Assistance to Firefighters Grant. This item was approved under the consent agenda. 9C1. Consider a resolution authorizing the MaVor to execute a Joint Use Agreement with the Upper Brushy Creek Water Control and Improvement District regarding the "Early Warning System Base Station Tower" sited at the Round Rock Police Station at 2701 North Mays Street. Rick White made the staff presentation. • MOTION: Councilmember White moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. *9D1. Consider a resolution authorizing the Mavor to execute Changer Order No. 1 with Austin Bridge and Road for East Austin Avenue and East LibertV Avenue Improvements • Proiect. This item was approved under the consent agenda. 9D2. Consider a resolution authorizing the Mavor to execute a construction contract with Nelson Lewis, Inc. for Egger Acres and Dennis Drive Improvements. Danny Halden, City Engineer made the staff presentation. 266 City of Round Rock Regular City Council Meeting May 14, 2009 Page 22 of 29 MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. *9E1. Consider a resolution authorizing a property tax refund to Austin Luxury Apartments, LLC for 2007 taxes in the amount of$3706.98. This item was approved under the consent agenda. 9E2. Consider a resolution authorizing the Mayor to execute an Amendment to the Depository and Banking Services Contract with Bank of America, N.A. Cheryl Delaney, Finance Director made the staff presentation. i MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9E3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Brushy Creek Regional Utility Authority regarding Depository Services. Cheryl Delaney, Finance Director made the staff presentation. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 267 City of Round Rock Regular City Council Meeting May 14, 2009 Page 23 of 29 Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. 9F1. Consider a resolution authorizing the Mayor to execute the Brushy Creek Regional UtilitV Authority System Operating Agreement (BCRUA Project, First Phase). Michael Thane, Utilities Director made the staff, presentation. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw • Nays: None Absent: None ACTION:The motion carried unanimously. 9F2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Cedar Park and Leander regarding Acquisition of Right-of-Way and Easements for Construction of a Treated Water Transmission Main along New Hope Road. Michael Thane, Utilities Director made the staff presentation. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 268 City of Round Rock Regular City Council Meeting May 14, 2009 Page 24 of 29 9F3. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement with Cedar Park and Leander regarding a Professional Services Agreement with Staats Falkenburg & Partners, Inc. regarding;communications and consultation services for the BCRUA. Michael Thane, Utilities Director made the staff presentation. MOTION: Councilmember White moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Coun.cilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9F4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc.for the 2007-2008 Wastewater Collection System Rehabilitation of the seven sub-basins. Michael Thane, Utilities Director made the staff presentation. MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None. Absent: None' ACTION: The motion carried unanimously. 9G1. Consider a resolution authorizing the Mayor to execute an Easement to Conduits Contained within a Duct Bank withTime Warner Entertainment-Advance/Newhouse Partnership for the Southwest Area Downtown Infrastructure Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. 269 City of Round Rock Regular City Council Meeting May 14, 2009 Page 25 of 29 MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9G2. Consider a resolution authorizing the Mayor to execute an Easement to Conduits within a Duct Bank with Oncor Electric Delivery Company LLC for the Southwest Area Downtown Infrastructure Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember •: Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9G3. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with Atmos Energy Corporation for the relocation of a gas line required by the Southwest Downtown Infrastructure Improvements Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas 270 City of Round Rock Regular City Council Meeting May 14, 2009 Page 26 of 29 Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • 9G4. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for the expansion of north A.W. Grimes Boulevard (FM 1460). Tom Word, Chief of Public Works Operations made the staff presentation. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None' Absent: None • ACTION: The motion carried unanimously. 9G5. Consider a resolution authorizing the Mayor to execute a Developer Commitment Agreement with Waterstone Development, Inc. for the expansion of north A.W. Grimes Boulevard (FM 1460). Tom Word, Chief of Public Works Operations made the staff presentation. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9G6. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Advance Funding Agreement with the Texas Department of Transportation for the 271 City of Round Rock Regular City Council Meeting May 14, 2009 Page 27 of 29 relocation of water and wastewater lines on north A.W. Grimes Boulevard (FM 1460). Tom Word, Chief of Public Works Operations made the staff presentation. MOTION: Councilmember White moved to approve the resolution. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9G7. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the north A.W. Grimes Boulevard (FM 1460) - Old Settlers Boulevard to Universitv Boulevard Proiect. Tom Word, Chief of Public Works Operations made the staff presentation. • MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 9G8. Consider a resolution authorizing the Mavor to execute a contract with Austin Traffic Signal Construction Company for the traffic signal construction at the intersection of Via Sonoma Trail and Gattis School Road. Tom Word, Chief of Public Works Operations made the staff presentation. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. 272 City of Round Rock Regular City Council Meeting May 14, 2009 Page 28 of 29 VOTE: Ayes: Councilmember Honeycutt Councilmember White' Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw • Nays: None Absent: None ACTION: The motion carried unanimously. 9G9. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 3 for Engineering Services with HDR Engineering, Inc. for the Kenney Fort Boulevard (Arterial A) Project. Tom Word, Chief of Public Works Operations made the staff presentation. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford • Mayor McGraw Nays: None' Absent: None ACTION: The motion carried unanimously. 9G10. 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. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. COUNCIL COMMENTS 273 City of Round Rock Regular City Council Meeting May 14, 2009 Page 29 of 29 ADJOURNMENT There being no further business,the meeting adjourned at 10:44 p.m. Respectfully Submitted, Sara L. White, City Secretary 1 274 City of Round Rock Regular City Council Meeting May 28, 2009 The Round Rock City Council met in Regular Session on Thursday, May 28, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER- 7:00 P.M. Mayor McGraw called the meeting to order at 7:03pm. ROLL CALL • Those ,members "present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos Salinas, Councilmember Scott Rhode, Councilmember Kris Whitfield, and Councilmember-Elect John Moman. Also present were City Manager Jim Nuse, Assistant City Manager/CFO David Kautz, Assistant City Manager Cindy Demers'and City Attorney Steve Sheets. No one was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag • SWEAR IN NEWLY ELECTED COUNCILMEMBERS: 4A. Joe Clifford, Council Place 3 4B. John Moman, Council Place 5 The City Council took a few minutes;to give Councilmember Scott Rhode some parting words and thanked him for his service to the City. Councilmember Rhode then gave his parting words to the Council and staff. Mayor McGraw presented Councilmember Rhode with some gifts in honor of his service. Judge Dain Johnson then swore in Joe Clifford and John Moman. Mayor Pro-Tem Clifford and Councilmember Moman made remarks and thanked their friends and family for their support. CITIZEN COMMUNICATION Tim Reiger, 1001 Deer Run, Round Rock, spoke to the'Council against the proposed west side recreation center. Dan Montgomery, 2005 Flint Rock Drive, Round Rock,,spoke to the Council regarding the west side recreation center, the Legacy Fieldhouse and his concerns with the sight. A ;,�. . . :..... . 275 City of Round Rock Regular City Council Meeting May 28, 2009 Page 2 of 12 Nancy Clayborne, 8502 Sea Ash Circle, Round Rock, spoke to the Council against the proposed west side recreation center. Tami Franklin, 1007 Crestview, Round Rock, spoke to the Council against the proposed iwest side recreation center. PROCLAMATIONS: 6A. Consider proclaiming MaV as Motorcycle Safety &Awareness Month. Mayor McGraw read the following proclamation and presented it to members of the Latin Steel Harley Club and the Central Texas Harley Club: WHEREAS, motorcycling is both a popular form of transportation and recreation and today's society finds more citizens motorcycling on the beautiful roads of Texas; and WHEREAS, motorcycle safety awareness campaigns help inform riders and motorists alike on motorcycle safety issues in an effort to reduce motorcycle-related injuries and fatalities; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways; WHEREAS, safe operation of a motorcycle requires use of special skills developed through a combination of training and expertise, the use of good judgment, plus a thorough knowledge of traffic laws and licensing requirements; and NOW, THEREFORE, I, ALAN McGRAW, Mayor of the City of Round Rock, Texas, do hereby proclaim May 2009, as "Motorcycle Safety&Awareness Month" in the City of Round Rock, Texas, and urge all members of our community to recognize the different type and size of vehicles on our highways and develop a caring attitude toward sharing the road,thus making the roads safer for us all. PROCLAIMED this 28th day of May 2009. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion.There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *8A. Consider approval of the City Council minutes for MaV 14, 2009 Special Called • Meeting, Special Called Joint Work Session and Regular Meeting. *11A1.Consider an ordinance adopting the Law Enforcement Fund Budget for FY 2008- 2009. (Second Reading) *11131.Consider an ordinance amending Chapter 5, Code of Ordinances, by adding Section 5.700 regarding Hazardous Material Incidents and recovering costs. (Second Reading) 276 City of Round Rock Regular City Council Meeting May 28, 2009 Page 3 of 12 *11C1. Consider an ordinance amending Chapter 9, Section 9.1700, Code of Ordinances, prohibiting through commercial trucks on Chisholm Valley Drive from IH-35 to County Road 172. (Second Reading) *11D1.Consider an ordinance changing the name of the recently annexed portion of RM620 to Round Rock Avenue. (First Reading) *11E1. Consider an ordinance amending Chapters 1 and 2, Code of Ordinances, by adding Section 1.1712 regarding rules and regulations for leash-free dog parks and the Round Rock Skate Park, and amending Section 2.1405 regarding the restraint of dogs. (Second Reading) *11E2. Consider an ordinance amending Chapter 9, Section 9.1816, Code of Ordinances, to prohibit parking on a portion of Harrell Parkway, Aten Loop,TC Oatts Lane and Whitlow Way. (Second Reading) *12A1.Consider a resolution authorizing property tax�refunds to Baltgem Development Corporation, et al for 2008 taxes totaling$16,035.67. • *12131. Consider a resolution authorizing the Mayor to execute a Developer Commitment Agreement with Avery Center Devco, Inc. for the expansion of north A.W. Grimes Boulevard (FM 1460). MOTION: Councilmember Whitfield moved to approve the consent agenda. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None • ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8A. Consider approval of the City Council minutes for May 14, 2009 Special Called Meeting, Special Called Joint Work Session and Regular Meeting. This item was approved under the consent agenda. 277 City of Round Rock Regular City Council Meeting May 28, 2009 Page 4 of 12 PRESENTATIONS: 9A1. Consider a presentation on the City's Financial Status. Cheryl Delaney, Finance Director made the staff presentation. 9B.1. Consider a presentation regarding the concept design for the wayfinding sign s sy tem. Nancy Yawn, Convention and Visitors Bureau Director made the staff presentation. 9C1. Consider a presentation and status report on the Old Settlers Ball field project and renovation. Rick Atkins, Parks and Recreation Director made the staff presentation. PUBLIC HEARINGS: 10A1. Consider public testimony regarding an amendment to the 2004- 2009 Community Development Consolidated Plan and the Annual Action Plan for Fiscal Year 2008- 2009. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony,the public hearing was closed. ORDINANCES: *11A1.Consider an ordinance adopting the Law Enforcement Fund Budget for FY 2008- 2009. (Second-Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2008-2009 FISCAL YEAR. *1161.Consider an ordinance amending Chapter 5, Code of Ordinances, by adding Section 5.700 regarding Hazardous Material Incidents and recovering costs. (Second Reading) This item was approved under the consent agenda. ORDINANCE N0. • AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING SECTION 5.700, REGARDING HAZARDOUS MATERIAL INCIDENTS AND RECOVERING COSTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 278 City of Round Rock Regular City Council Meeting May 28, 2009 Page 5 of 12 *11C1. Consider an ordinance amending Chapter 9, Section 9.1700, Code of Ordinances prohibiting through commercial trucks on Ckisholm Valley Drive from IH-35 to Countv Road 172. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN 'AMENDMENTS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON CHISHOLM VALLEY DRIVE FROM IH 35 WEST FRONTAGE TO ;COUNTY ROAD 172; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11D1.Consider an ordinance changing the name of the recently annexed portion of RM620 to Round Rock Avenue. (First Readink) This item withdrawn from the agenda at the request of staff. 11D2. Consider an ordinance amending Chapter 6, Section 6.100, Code of Ordinances, regarding stagnant water,filth, weeds and rubbish. (First Reading) (Requires Two Readings) Jim Stendebach, Planning and Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.100, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STAGNANT WATER, FILTH, WEEDS, AND RUBBISH; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Moman moved to approve the ordinance. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. *11E1. Consider an ordinance amending Chapters 1 and 2, Code of Ordinances, by adding Section 1.1712 regarding rules and regulations for leash-free dog parks and the Round 279 City of Round Rock Regular City Council Meeting May 28, 2009 Page 6 of 12 Rock Skate Park and amending Section 2.1405 regarding the restraint of dogs. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. `. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, BY ADDING SECTION 1.1712 GOVERNING RULES AND REGULATIONS FOR LEASH-FREE DOG PARKS AND THE ROUND ROCK SKATE PARK, ESTABLISHING A PENALTY AND AMENDING SECTION 2.1405 GOVERNING RESTRAINT OF DOGS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *11E2 Consider an ordinance amending Chapter 9 Section 9.1816 Code of Ordinances, to prohibit parking on a portion of Harrell Parkway Aten Loop,TC Oatts Lane and Whitlow Way. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1816, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO PROHIBIT PARKING ON A PORTION OF HARRELL PARKWAY, ATEN LOOP, TC OATTS LANE, AND WHITLOW WAY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. RESOLUTIONS: *12A1.Consider a resolution authorizing property tax refunds to Balt em Development Corporation, et al for 2008 taxes totaling$16,035.67. This item was approved under the consent agenda. 12A2. Consider a resolution authorizing the mayor to execute an agreement with Specialized Public Finance Inc. for financial advisory services. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford • Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. { 280 City of Round Rock Regular City Council Meeting May 28, 2009 Page 7of12 *12131.Consider a resolution authorizing the Mayor to execute a Developer Commitment Agreement with Avert/Center Devco, Inc. for the expansion of north A.W. Grimes Boulevard (FM 1460). This item was approved under the consent agenda. 12132. Consider a resolution authorizing the Mavor to execute a Letter Agreement • with the Williamson County Conservation Foundation regarding the mitigation fee for the Wyoming Springs Drive and Creek Bend Boulevard Project. Michael Thane, Utilities Director made the staff presentation. MOTION: Councilmember Honeycutt:moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None • ACTION:The motion carried unanimously. 12C1. Consider a resolution adopting and implementing the City's Identity Theft Prevention Program (Red Flags) as required bV the Federal Trade Commission Rule. Hassan Farhat, Risk Manager made the staff presentation. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw_ Nays: None • Absent: None ACTION: The motion carried unanimously. 12D1. Consider a resolution authorizing the Mavor to execute an application for the Edward Byrne Memorial Justice Assistance Formula Grant in the amount of$451,740.00. Brad Bradford, Emergency Management Coordinator made the staff presentation. 281 City of Round Rock Regular City Council Meeting May 28, 2009 Page 8of12 MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. 12E1. Consider a resolution amending the 2004- 2009 Community Development Consolidated Plan and the Annual Action Plan for Fiscal Year 2008 - 2009. Jim Stendebach, Planning and Community Development Director made the staff presentation. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 12F1. Consider a resolution authorizing the Mayor to execute Amendment No. 3 to the Interlocal Agreement with Cedar Park and Leander regarding Final Design Services for the Regional Water System Prosect. Michael Thane, Utilities Director made the staff presentation. MOTION: Councilmember White moved to approve the resolution. Councilmember Moman seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None 282 City of Round Rock Regular City Council Meeting May 28, 2009 Page 9 of 12 ACTION:The motion carried unanimously. 12F2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No 3 with K. Friese &Associates Inc.for the Water Transmission Line, Segment 2C for the Cedar Park/Round Rock/Leander Regional Water System Project. Michael Thane, • Utilities Director made the staff presentation. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White . Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 12G1 Consider a resolution authorizing the Mayor to execute the Amendment No. 1 County Regional Animal Control Shelter A • to the Williamson Cou y Agreement. David Kautz,Assistant� � City Manager made the staff presentation. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: . None Absent: None ACTION: The motion carried unanimously. 12G2. Consider a resolution approving a resolution by the Board of Directors of the • Brushy Creek Regional Utility Authority, Inc. authorizing the issuance of"Brushy Creek Regional Utility Authority, Inc, City of Round Rock, Texas contract revenue bonds, (Brushy Creek Regional Water Treatment and Distribution Project)";'establishing the procedures for selling and delivering the bonds, and resolving other matters incident and relating to the issuance, 283 City of Round Rock Regular City Council Meeting May 28, 2009 Page 10 of 12 i payment, security, sale and delivery of such bonds. Cindy Demers, Assistant City Manager made the staff presentation and then turned the presentation over to Gary Kimball, Richard Ramirez, and Carol Polumbo. I • MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 12G3. Consider a resolution nominating Michael Thane for the Brazos G Regional Water Planning Group. Jim Nuse, City Manager made the staff presentation. MOTION: Councilmember White moved to approve the resolution. Councilmember • Honeycutt n seco ded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. APPOINTMENTS: 13A. Consider the appointment of a Mayor Pro-Tem. MOTION: Mayor McGraw moved to appoint Joe Clifford as Mayor Pro-Tem. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw 284 City of Round Rock Regular City Council Meeting May 28, 2009 Page 11 of 12 Nays: None Absent: None ACTION:The motion carried unanimously. EXECUTIVE SESSION: 14A. Consider Executive Session as authorized by §551.071 Government Code, to • conduct private consultation with the CitV AttorneV regarding a settlement offer and/or contemplated litigation regarding the Wastewater Disposal Contract with the Lower Colorado River Authority. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 9:24 p.m. and adjourned at 10:15 p.m. 14B. Consider Executive Session as authorized by§551.087 Government Code, related to Economic Development to deliberate the offer of a financial or other incentive to Proiect Hope. This item was withdrawn from the agenda at the request of staff. ACTION RELATIVE TO EXECUTIVE SESSION: 15A. Consider discussion and/or possible action related to a settlement offer and/or • contemplated litigation regarding the Wastewater Disposal Contract with the Lower Colorado River AuthoritV. MOTION: Mayor Pro-tem Clifford moved to direct the-City Manager to execute the Memorandum of Understanding with the LCRA. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. 15B. Consider discussion and/or possible action related to Economic Development to deliberate the offer of a financial or other incentive to Proiect Hope. This item was withdrawn from the agenda at the request of staff. COUNCIL COMMENTS 285 City of Round Rock Regular City Council Meeting May 28, 2009 Page 12 of 12 ADJOURNMENT There being no further business,the meeting was adjourned at 10:23 P.M. • Respectfully Submitted, Sara L. White, City Secretary • • I'I 286 City of Round Rock Regular City Council Meeting June 11, 2009 The Round Rock City Council met in Regular Session on Thursday, June 11, 2009, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER- 7:00 P.M. Mayor McGraw called the meeting to order at 7:05 P.M. ROLL CALL .Those members present were Mayor Alan McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember John Moman, and-Councilmember Whitfield. Also present were Jim Nuse, City Manager, David Kautz, Assistant City Manager/CFO, Cindy Demers, Assistant City Manager and Steve Sheets, City Attorney. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: 3A. United States Flag 3B. Texas State Flag CITIZEN COMMUNICATION • There were no citizens wishing to speak during citizen communication. PROCLAMATIONS: 5A. Consider proclaiming June 19th and 20th as the "Round Rock Juneteenth Rhythm & Ribs Celebration." Mayor McGraw read the following proclamation and presented it to Pastor Bernar Buhl, Pamela Cotton, Demetria Barksdale, and other members of"The Voice." WHEREAS,the Emancipation Proclamation was signed into law on January 1, 1863; WHEREAS, Article Thirteen ratified by Congress on December 6, 1865, declared: "Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." WHEREAS, Major-General Gordon Granger, head of the Texas Military Forces, landed in Galveston,Texas, and declared the slaves to,be free on June 19, 1865; and WHEREAS, the 66th Texas Legislature declared June 19 as a legal state holiday called "Emancipation Day in Texas," and throughout the State of Texas,June 19 has become known as "Juneteenth Day;" and WHEREAS, Juneteenth today celebrates African American freedom while encouraging self-development and respect for all cultures; and WHEREAS, the first annual Round Rock Juneteenth Rhythm and Ribs Celebration will be held on June 19 and 20 at the Round Rock Amphitheatre; NOW, THEREFORE, I, ALAN McGRAW, Mayor of the City of Round Rock, Texas, do hereby proclaim June 19 and 20, 2009, as the - "ROUND ROCK JUNETEENTH 28:7 City of Round Rock Regular City Council Meeting June 11, 2009 Page 2 of 6 RHYTHM & RIBS CELEBRATION" in the City of Round Rock, Texas, and encourage all citizens to attend the festivities focusing on freedom for all Americans. PROCLAIMED this 11th day of June, 2009. CONSENT AGENDA: All items listed with an asterisk (*) are considered to be routine by • the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Council member in which event the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. *7A. Consider approval of the City Council minutes for May 28, 2009. *9A1. Consider an ordinance amending Chapter 6, Section 6.100, Code of Ordinances, regarding stagnant water, filth, weeds and rubbish. (Second Reading) MOTION: Councilmember Whitfield moved to approve the consent agenda. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas • Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the City Council minutes for May 28, 2009. This item was approved under the consent agenda. PRESENTATIONS: 8A1. Consider a presentation and discussion regarding the Development Review Process. Cindy Demers, Assistant City Manager made the staff presentation. • 8131. Consider a presentation by Black & Veatch regarding Wholesale Water and Wastewater Rates. Cheryl Delaney, Finance Director began the presentation and introduced Richard Campbell with Black and Veatch who presented the findings of the study. ORDINANCES: 288 City of Round Rock Regular City Council Meeting June 11, 2009 Page 3 of 6 *9A1. Consider an ordinance amending Chapter 6, Section 6.100, Code of Ordinances, regarding stagnant water, filth, weeds and rubbish. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6,; SECTION 6.100, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STAGNANT WATER, FILTH, WEEDS, AND RUBBISH; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 961. Consider an ordinance amending Chapter 10, Sections 10.602 and 10.603, Code of Ordinances, and adding Section 10.605 rekarding environmental services fees. (First Reading) Michael Thane, Utilities Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.602 AND 10.603, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ENVIRONMENTAL SERVICES FEES; AND PROVIDING FOR A ;SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt;moved to approve the ordinance. Mayor Pro-tem • Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Moman seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None 289 City of Round Rock Regular City Council Meeting June 11, 2009 Page 4of6 Absent: None ACTION: The motion carried unanimously. RESOLUTIONS: 10A1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2010 Wastewater Collection System Inspection of five sub-basins. Michael Thane, Utilities Director made the staff presentation. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. • 10131. Consider a resolution authorizing a grant application regarding federal assistance from the Department of Energy for the American Reinvestment and Recovery Act of 2009 Energy Efficiency and Conservation Block Grant. Tom Word, Chief of Public Works made the staff presentation. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None • Absent: None ACTION: The motion carried unanimously. 10C1. Consider a resolution authorizing the City Manager to issue a Purchase Order to Musco Lighting for sports lighting for the Old Settlers at Palm Valley Multipurpose Practice 290 City of Round Rock Regular City Council Meeting June 11, 2009 Page 5 of 6 Field Development Project., David Buzzell, Parks Development Manager made the staff presentation. MOTION: Mayor Pro-tem Clifford moved to approve the resolution. Councilmember Moman seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION:The motion carried unanimously. EXECUTIVE SESSION 11A1. Consider Executive as authorized by 551.072', Government Code, related to the purchase of real property to wit: approximately 43 acres near the intersection of Sunrise Road and University Boulevard. The Council recessed to the Executive Chamber for the Executive Session. Mayor McGraw called the Executive Session to order at 8:40 P.M. and adjourned at 9:10 P.M. ACTION RELATIVE TO EXECUTIVE SESSION 12A1. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding regarding the proposed acquisition of forty-three acres near the intersection of Sunrise Road and University Boulevard. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Moman • Councilmember Whitfield Mayor Pro-tem Clifford Mayor McGraw Nays: None Absent: None ACTION: The motion carried unanimously. COUNCIL COMMENTS 291 City of Round Rock Regular City Council Meeting June 11, 2009 Page 6 of 6 ADJOURNMENT There being no further business, the meeting adjourned at 9:12 P.M. • Respectfully Submitted, Sara L. White, City Secretary • 292 THE REMAINING PAGES WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 58 k 293 i 294 295 • 296 297 298 299 • 300 • • •