Loading...
MINUTE BOOK 56 2007-2008 OCTOBER 25, 2007 1 The Round Rock City Council met Regular Session on Thursday, October 25, 2007, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:03 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor. Pro-tem Alan • McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos'T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance. United States Flaci Texas State Flaa CITIZENS COMMUNICATIONS: The following individuals expressed their concerns regarding the Creek Bend/ Wyoming Springs road project. Shelly Compton, 701 Ivy Court, Round Rock Lori Todd, 1906 Spring Hollow Path, Round Rock Lee Linton, 1111 Quail Lane, Round Rock Nitin . C, 6013 Spindletop Terr, Stone Canyon Keith Kozak, 8625 Sea Ash Circle, Stone Canyon Gina Warrington, 2516 Falcon, Round Rock Lori Williamson, 2517 Falcon Drive, Round Rock Nitin Puri, 8005 Herbs Cave, Fern Bluff Anupi, 6013 Spindletop Terr, Stone Canyon Mary Ellen Woodbury, 17696 Box Canyon, Fern Bluff Thomas Wacht, 2504 Partridge Court, Round Rock Jimi Miller, 8506 Tad Park Cove, Fern Bluff Siya Asatkar, 7401 Two Jacks Trail, Brushy Creek South Michael Xu (Shoe), 7324 W. Magic-Mountain, Fern Bluff Ritu Asatkar, 7401 Two Jacks Trail, Brushy Creek South Verna Blatz, 8420 Glen Canyon Drive, Fern Bluff Glen Reid, 2508 Falcon Drive, Round Rock Patrick Savarese, 18213 Whitewater Cove, Stone Canyon Monica Sanchez, 2518 Field Lark Drive, Round Rock Dan Kennedy, 709 Ivy Court, Round Rock Bob Wucher, 2422 Falcon Drive, Round Rock Scott Hamilton, Magic Mountain Lane, Fern Bluff James Cunningham, 1110 Quail Lane, Round Rock Farrell Walker, 18225 Whitewater Cove, Stone Canyon Lawson Ellinor, 8212 Sunburst Parkway, Stone Canyon Richard Horton, 18204 Whitewater Cove, Stone Canyon Karen Marquardt, 2509 Partridge Court, Round Rock Bob Davis, 1704 Oakridge Drive, Round Rock spoke on speed humps on collector streets. Cindy Bordovsky-Stone, 1007 Oaklands Drive, Round Rock arrived after Citizens Communications had closed and did not get an opportunity to speak. For the record, she filed her"Appearance" card, which stated her support of the Wyoming Springs extension. PROCLAMATIONS: 2 OCTOBER 25, 2007 5A. Consider proclaiming October 27, 2007 as "For the Love of Christi Day" and "Memorial Grove Dedication Day." Mayor Maxwell read the following proclamation and presented it to Don and Susan Cox. Whereas, For the Love of Christi is a non-profit, non-denominational grief support organization providing comfort, hope and ongoing support to those who are adjusting to life after the death of a loved one, regardless of the circumstances, and Whereas, Founded 20 years ago by Susana and Don Cox following the death of their daughter, Christi, the grief support organization aims to help the grieving find peace once • again, listen with their hearts by reaching out to others who are hurting, and work to keep the cherished memories of loved ones alive by offering unconditional love, comfort and emotional support, and Whereas, For the Love of Christi educates the general public regarding issues of grief and other concerns of the bereaved, and Whereas, For the Love of Christi and the City of Round Rock Parks and Recreation Department Urban Forestry Division are sponsoring the planting of a seventh Memorial Tree Grove at Old Settlers Park at Palm Valley to provide and opportunity for individuals and families to plant a living memorial in the name of a loved one, and Whereas, a ceremony will be held to officially dedicate the Memorial Gove at 11:00 a.m. Saturday, October 27, 2007. Now, Therefore, I, Nyle Maxwell, Mayor of the City of Round Rock do hereby proclaim October 27, 2007 as "For the Love of Christi Day" and "Memorial Tree Grove Dedication Day" in the City of Round Rock and call on all citizens to join me 'in recognizing the efforts of For the Love of Christi and the Round Rock Parks and Recreation Department Urban Forestry Division in bringing the memorial trees to the citizens of Round Rock and urge all citizens to plant trees to gladden hearts and promote the well-being of this and future generations. Proclaimed this 25th day of October, 2007. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7A. Consider approval of the City Council minutes for October 11, 2007. *10B1. Consider an ordinance readopting Section 1.2700, Code of Ordinances regarding the Youth Curfew. (Second Reading) *10D2. Consider an ordinance providing for the continued taxation of Goods-in- transit. (Second Reading) *11F3. Consider a resolution authorizing property tax refunds to Teco- Westinghouse Motor Company for 2002 and 2003 taxes totaling $7,050.39. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw. Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: OCTOBER 25, 2007: *7A. Consider approval of the City Council minutes for October 11, 2007. This item was approved under the consent agenda. PRESENTATIONS: 8A1. Consider a. presentation regarding the Second Annual Customer Service Awareness Day. Jim Nuse, City Manager made the staff presentation. On October 4, 2007, • the customer service team hosted an employee event to celebrate the efforts and commitment of the City employees in providing exemplary customer service. The theme of the day was "We Make a Difference." Each department had a booth displaying pictures and information about their department. The Customer Service Team Members are: Co-Leaders - Monique Adams and Lillian Cardenas, Cindy Demers, Shannon McIntire, Latha Kumar, Debbie Davila, Carolyn Brooks, Anja Thissen, Megan Tschoerner, Jane Dance; Beverly Hayes, Patricia Merrill, Jacquelyn Smith, Ashley Lumpkin, and Amy Swaim. The individual Customer Service Award winners were: Brooks Bennett - Administration, Jim Hurley - Engineering & Development Services, Margie Howard - Finance, Mary Hernandez - Human Resources, Gabriel Apodaca - Information Services, Barbara Fondren - Library, Diane Cuellar - Municipal Court, Yvonne Naylor - Parks and Recreation Admin, Kathy Misiti - Clay Madsen Recreation Center, Amy Swaim - Planning, Raymond Herrera - Transportation, and James Earl - Water/Wastewater Utility. The Customer Service Award for Department/ Division was the City Manager's Office. 8B1. Consider a presentation regarding the Friendly Rock Program. Cindy Demers, Finance Director made the staff presentation. Through the Utility Billing process, customers can elect to donate funds to the Friendly Rock Program. The Friendly Rock is a voluntary program that helps utility customers. This program is administered by the Serving Center and assistance can be provided once every six months. Ms. Demers outlined other programs staff investigated that could possibly initiate more participation and that could be used with the utility billing software. Staff will continue to investigate new programs and will bring back a report to Council. PUBLIC HEARINGS: 9A1. Consider public testimony regarding an application to rezone 11 acres 'described as Lots 1-11, Block -1,.Egger's Acres Revised from'Single Family-Standard Lot (SF-2) zoning district to Planned Unit Development #76 (PUD) zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. The purpose of this Planned Unit Development (PUD) is to provide for suitable commercial development of the site, while preserving its unique qualities and providing an adequate buffer for the adjacent neighborhood. The site is located on a major arterial roadway and is suitable for commercial use, with restrictions. There is a wide and largely 4 OCTOBER 25, 2007 vegetated floodplain at the back of the project site, effectively separating the subject tract from the single family homes in the remainder of the Eggers Acres subdivision. Mr. Stendebach outlined the proposed Planned Unit Development. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9A2. Consider public testimony regarding an application to rezone 2.326 acres, s located at the Northeast corner of the intersection of IH 35 and Jeffrey Way, from Light Industrial (LI) zoning district to General Commercial - Limited (C-1a) zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. The tract is bordered on the north, south and west by commercially zoned land and an office use on the east. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 10A1. Consider an ordinance amending Chapter 1,'Section 1.1002.1, Code of Ordinances regarding firefighter civil service classifications and number of positions. (First Reading) This item was withdrawn from the agenda at the request of staff. *1081. Consider an ordinance readopting Section 1.2700, Code of Ordinances regarding the Youth Curfew. Second Reading) This item was approved under the consent • agenda. ORDINANCE NO. AN ORDINANCE TO READOPT AND CONTINUE CHAPTER 1, SECTION 1.2700, CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, REGARDING A JUVENILE CURFEW IN CONFORMITY WITH SECTION 370.002 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 1OB2. Consider an ordinance amending Section 6.200, Noise Control, Code of Ordinances. (First Reading) Steve Sheets, City Attorney made the staff presentation. The City's current noise regulations were adopted almost 30 years ago when the City had less than 10,000 citizens. When adopted, the regulations were adequate for a small town, but as Round Rock approaches a population of 100,000, it is prudent to consider updating the regulations concerning noise., The provisions of the proposed ordinance were taken from several "model" city ordinances from across the nation, as well as some state regulations. In addition, the amended ordinance takes advantage of new technology for measuring the intensity of noise. Mr. Sheets outlined the changes to the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, PROVIDING NOISE CONTROL STANDARDS APPROPRIATE FOR THE ADJACENCY; PROVIDING GENERAL AND SPECIFIC PROHIBITIONS, EXEMPTIONS AND TEMPORARY EXEMPTION PERMITTING, PROVIDING FOR ` f OCTOBER 25, 2007 ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, REPEAL OF FORMER ORDINANCE, AND EFFECTIVE DATE CLAUSE; AND PROVIDING FOR RELATED MATTERS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C1. Consider an ordinance rezoning 11 acres described as Lots 1-11, Block 1, Egger's Acres Revised, from Single Family-Standard Lot (SF-2) zoning district to Planned_ Unit Development #76 (PUD) zoning district. (Egger's Acres). (First Reading) Jim.Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(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 11.0 ACRES OF LAND, OUT OF EGGER'S ACRES, REVISED, BLOCK 1, LOTS 1-11, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 76. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: . None ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C2. Consider an ordinance rezoning 2.326 acres, located at the Northeast corner of the intersection of IH 35 and Jeffrey Way, from Light Industrial (LI) zoning district to 6 OCTOBER 25, 2007 General Commercial - Limited (C-1a) zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP!OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND .MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 2.326 ACRES OF LAND, OUT OF THE FIRST • RESUBDIVISION OF AMORRON PARK, LOT 1, IN ROUND ROCK, -WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO DISTRICT C-1A (GENERAL COMMERCIAL - LIMITED). MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw: Councilmember Clifford' Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Y Y Mayor Pro-tem McGraw,; Councilmember Clifford' Councilmember Salinas; Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D1. Consider an ordinance amending Chapter 1„Section 1.1103, Code of Ordinances to reduce the fee for customer initiated on-line Wand telephone payments. (First Reading) Cindy Demers, Finance Director made the staff presentation. In 2006 the City implemented on-line and telephone payment options for payment of City utility bills. At that time the convenience fee set for the service was based on bank fees and-estimated customer usage. After review of the usage and the fees over the past year, staff recommended that the City maintain the convenience fee to offset costs of the service and reduce the fee from $2.50 to $1.50. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1103 AMENDING CONVENIENCE FEE CHARGES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING `CONFLICTING ORDINANCES OR RESOLUTIONS. OCTOBER 25, 2007 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell 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. Pr - Mayor y Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10D2. Consider an ordinance providing for the continued taxation of Goods-in- transit. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING SUBSECTION 1.703 TO TAX GOODS IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION, 11.253; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 10D3. Consider an ordinance adopting Amendment No. 1 to the FY 2006-2007 Operating Budget. (First Reading) (Requires Two Readings) Cindy Demers, Finance Director made the staff presentation. This budget amendment designates additional funding collected in 2007 and allocates available cash from fiscal year 2006-2007 to specified capital purchases and capital projects. These available funds are primarily due to the collection of additional sales tax revenues, other revenues and departmental budget savings. Ms. Demers outlined the Summary of Significant Adjustments to the Budget Revision. ORDINANCE NO. AN ORDINANCE ADOPTING AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY • OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2006-2007. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield 8 OCTOBER 25, 2007 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D4. Consider an ordinance adopting the amendment to Section 1.702. Code of Ordinances, for an additional penalty to defray costs of collecting of delinquent taxes. (First Reading) Cindy Demers, Finance Director made the staff presentation. The collection rate had been 15% commission for delinquent taxes collected; the legislature has now enacted • legislation, which allows a 20% commission on the delinquent taxes collected. This ordinance updates the penalty of 15% to 20% for the collection of delinquent taxes and penalty (including interest owed) collected. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.702, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ENTITLE COLLECTION OF ADDITIONAL PENALTY TO DEFRAY COSTS OF COLLECTION OF DELINQUENT TAX ACCOUNTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford, Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D5. Consider an ordinance adopting the Community Development Block Grant Fund Budget for FY 2007-2008. (First Reading) (Requires Two Readings) Mona Ryan made the staff presentation. These funds will be used for Community Development Block Grant activities approved in the Fourth Program Year Action Plan The programs that will be funded in fiscal year 2007-2008 are: Public Services (15%); Public Facilities (2%); Owner Occupied Rehabilitation (50%); Land Acquisition (13%); Administration (20%). ORDINANCE. NO. AN ORDINANCE ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2007-2008 FISCAL YEAR. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Councilmember Clifford was out of the room when the vote was taken. y OCTOBER 25, 2007 ACTION: The motion carried unanimously.. 10D6. Consider an ordinance adopting the Law Enforcement Fund Budget for FY 2007-2008. (First Reading) (Requires Two Readings) Tim Ryle Assistant Chief of Police made the staff presentation. This budget accounts for funds the Police Department receives through asset forfeiture proceedings. • ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2007- 2008 FISCAL YEAR. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D7. Consider an ordinance adopting the Library Fund Budget for FY 2007-2008. (First Reading) (Requires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. This budget accounts for donations by patrons of the library for • various books and videos to be purchased and housed in the library. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2007-2008 FISCAL YEAR. MOTION: "Councilmember Rhode moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Councilmember Salinas was out of the room when the vote was taken. ACTION: The motion carried unanimously. 10D8. Consider an ordinance adopting the Municipal Court Fund Budget for FY 2007- 2008. (First Reading) (Requires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. This budget accounts for fees collected in conviction of certain Municipal Court offenses with expenditures that are defined by statute. This fund is divided into three sections, Child Safety fees, Court Security fees, and Court Technology fees. ORDINANCE NO. 10 OCTOBER 25, 2007 AN ORDINANCE ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2007- 2008 FISCAL YEAR. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Councilmember Salinas was out of the room when the vote was taken. ACTION: The motion carried unanimously. 10D9. Consider an ordinance adopting the Parks Improvement and Acquisition Account Budget for FY 2007-2008. (First Reading) (Requires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. This fund accounts for specific revenues generated from parks and recreation related activities. This fund accounts for the collection and expenditure of fees from two specific parks and recreation related sources: sports league teams fees used ,for the improvement of facilities; and, park development fees collected from developers of subdivisions who choose to provide cash in lieu of designating parkland. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION ACCOUNT FOR THE 2007-2008 FISCAL YEAR. MOTION: Councilmember Whitfield moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Councilmember Salinas was out of the room when the vote was taken. ACTION: The motion carried unanimously. 1OD10. Consider an ordinance adopting the Tree Fund Budget for FY 2007-2008 (First Reading) (Requires Two Readings) Cindy Demers, Finance Director made the staff presentation. This budget was established to provide for replacement trees, destroyed through the development process. This budget allows available funds to be expended for the planting of trees in the parks and other city property. ORDINANCE NO. AN ORDINANCE ADOPTING THE BUDGET FOR THE TREE FUND FOR THE 2007-2008 FISCAL YEAR. OCTOBER 25, 2007 MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the contract with Casco Industries, Inc. for the Firefighter turnout gear. Larry Hodge, Fire Chief made the staff presentation. In November 2005 the City entered into an agreement to purchase turnout gear for the Round Rock Fire Department with Casco Industries, Inc."Supplemental Agreement No.1 will extend the original agreement. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of Fire Department Turnout Gear ("Agreement") from Casco Industries, Inc., and WHEREAS Casco Industries Inc. has-submitted Supplemental A 1 to pp Agreement ent No. the Agreement to renew the contract term, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Casco Industries, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 1 to the Agreement for Purchase of.Fire Department Turnout Gear with Casco Industries, 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 thedate, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: - Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield, Mayor Maxwell • Nays: None Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 11B1. Consider a resolution authorizing the Mayor to execute the Third Amendment to the Refuse Collection Contract with Round Rock Refuse, Inc. Rick Atkins, Director of Parks and Recreation made the staff presentation. Staff recommended that the City's 12 OCTOBER 25, 2007 Curbside Brush Pick-up Program be contracted to the City's current refuse collection contractor, Round Rock Refuse. Staff is currently averaging over one hundred requests per month. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Refuse Collection Contract ("Contract") with Round Rock Refuse, Inc. ("Contractor"), and WHEREAS, the City and Contractor.now wish to amend the Contract, and • WHEREAS, the City Council desires to enter into a Third Amendment to Refuse Collection Contract with Round Rock Refuse, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Third Amendment to Refuse Collection Contract with Round Rock Refuse, 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 October, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 11C1. Consider a resolution authorizing the Mayor to execute Change Order No. 6 with RGM Constructors, L.P. for the Kiphen Road, Phase II Proiect. Thomas G. Martin, P.E., Director of Transportation Services made the presentation. This change order is to provide the construction of segmental block walls at Chamberlain drive in order to allow for the installation of the sidewalk in accordance with the Americans with Disabilities Act, for pedestrian traffic. The change order is for $ 35,370.00. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the Kiphen Road, Phase II Construction Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 6, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, Contract Change Order No. 6 to the Contract with RGM Constructors, L.P. for the 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 OCTOBER 25, 2007 13 , upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None Mayor Pro-tem McGraw was out of the room when the vote was taken. ACTION: The motion carried unanimously. 11D1. Consider a resolution approving the City of Hutto and the City of Liberty Hill as new members of the Williamson County and Cities Health District. David Kautz, Assistant City Manager/CFO made the staff presentation. This resolution would approve the City of Hutto and the City of Liberty Hill to be accepted as new members of the Williamson County and Cities Health District. RESOLUTION NO. WHEREAS, in 1943 the Williamson County Health Department was established; and WHEREAS, the Local Public Health Reorganization Act, now codified in Chapter 121 of the Texas Health and Safety Code (the "Act"), authorizes the establishment of public health districts by a majority vote of the governing bodies of a county and one or more municipalities in the county for the purpose of providing and furnishing public health programs; and WHEREAS, in 1989 the Williamson County Health Department was reorganized as a Public Health District by Williamson County, Texas, and the Cities of Cedar Park, Georgetown, Round Rock, and Taylor (collectively the "Members"), and re-designated as the Williamson County & Cities Health District (hereinafter the "District"); and..;,,,, WHEREAS, the Members govern the District through a "Cooperative Agreement;" and WHEREAS, the "Cooperative Agreement" was revised and re-adopted by the Members in April 2007; and WHEREAS, Section I. Governance, item 1.3 of the Williamson County & Cities Health District Cooperative Agreement, states that"Williamson County and any incorporated city may apply to become a Member of the District. The governing body of each member shall review the application. The governmental entity may be admitted as a Member if a majority' of the governing body of each Member approves the application,"; and WHEREAS, the Cities of Liberty Hill, Texas, and Hutto, Texas, have applied to become Members of the District effective October 1, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. That the Agreements attached hereto as,;;Exhibit"A" and Exhibit"B" approving the Cities of Liberty HiII Texas, and Hutto, Texas, as Members of the Williamson • County and Cities Health District is hereby approved and the Mayor is authorized to execute the same. . SECTION 3. The City Council hereby finds and declares that written notice of the date, hour, place and subject at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. 14 OCTOBER 25, 2007 VOTE: Ayes: Councilmember Honeycutt Y Y Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode 'Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11E1. Consider a resolution authorizing the Mayor to execute a construction contract with Murphy Pipeline Contractors, Inc. for the Greenlawn Place Blue Tubing and Waterline Replacement Project. Michael Thane, P.E., Director of Water and Wastewater Utilities. This contract is for the replacement of 460 blue polybutylene water service lines with black polyethylene water service lines, and to replace asbestos cement (A/C) waterlines in Greenlawn Place Sections 1, 2, and 3; Windy Park Sections 1 and 2; and Windy Terrace Section 1. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Greenlawn Place Blue Tubing and Waterline Replacement Project, and WHEREAS, while only one bid was received from Murphy Pipeline Contractors, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Murphy Pipeline Contractors, 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 Murphy Pipeline Contractors, Inc. for the Greenlawn Place Blue Tubing and • Waterline Replacement Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11E2. Consider a resolution authorizing the Mayor to execute a Wastewater Service Billing Agreement with DELL, USA, LP. Councilmember Rhode disclosed that he would be abstaining from the discussion and vote on this item due to his employment with Dell. Michael Thane, P.E., Director of Water and Wastewater Utilities made the staff presentation. Dell, as a water and wastewater utility customer of the City, has six cooling towers that serve five different buildings on the Round Rock campus. Dell requested that OCTOBER 25, 2007 15 the evaporated water from the cooling towers be accounted for when calculating their wastewater bill, since the evaporated water is not placed back into the city's wastewater system. .The agreement will more accurately reflect the quantity of wastewater sent to the City's system, and therefore the wastewater billing for Dell. RESOLUTION NO. • WHEREAS, Dell U.S.A. L.P. ("Dell") is currently receiving wastewater services from the City of Round Rock ("City") and is billed for such services utilizing the winter average, and WHEREAS, the City Council wishes to enter into a Wastewater Service Billing Agreement with Dell. to more accurately reflect the wastewater service charges, Now Therefore BE IT RESOLVED BY 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 with Dell, 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 October, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Abstain: Councilmember Rhode ACTION: The motion carried unanimously. 11F1. Consider a resolution adopting an updated Investment Policy and Investment Strategy for the investment of City funds. Cindy Demers, Finance Director made the staff presentation. The City adopted an Investment Policy, as required by the Public Funds Investment Act, several years ago and has been updated periodically to address changes in laws and policy. The only changes this year are related to broker/dealers that are utilized to competitively bid the City's individual investments. In addition, one existing broker is being deleted and one new broker will be added to the rotation. RESOLUTION NO. WHEREAS, pursuant to Chapter 2256, Texas Government Code ("the Act") the City • Council desires to adopt a written investment policy and investment strategy regarding the investment of City funds, and WHEREAS, the.City Council has reviewed the attached updated policy and has determined same to be in compliance with the Act, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the updated Investment Policy and Investment Strategy for the investment of City funds, attached hereto as Exhibit"A" and incorporated herein, is hereby approved and adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 16 OCTOBER 25, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11F2. Consider a resolution approving an amendment to the contract with Linebarger, Goggan, Blair & Sampson, LLP for the collection of delinquent taxes. Cindy Demers, Finance Director made the staff presentation. The City contracts with Linebarger, Goggan, Blair &Sampson for the collection of delinquent property taxes. This supplemental agreement extends the term for a second allowable three-year term beginning January 1, 2008. The agreement also allows the firm to increase their fee for the collection of delinquent taxes from 15% to 20% on the taxes, penalty & interest collected. The Legislature approved legislation that allowed the increase in the fees but that the increase should not exceed 20%. Brian Brown of Linebarger, Goggan, Blair & Sampson gave an overview of the services provided by the firm and outlined the rational for the increase. RESOLUTION NO. WHEREAS, the Texas Property Tax Code Section 6.30 authorizes the City of Round Rock ("City") to contract with a competent private attorney to enforce the collection of all delinquent taxes, penalty and interest, and WHEREAS, the Texas Property Tax Code Sections 33.07 and 33.08 were amended by the Seventy-Seventh Legislature to authorize the governing body of a city to impose a collection penalty in an amount that does not exceed the amount of the compensation specified in the contract with the private attorney, and WHEREAS, the source of the funds for the private attorney's compensation is the additional penalty paid by the delinquent taxpayer, rather than the public treasury, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, Supplemental Agreement No. 1 to the Contract for the Collection of Delinquent Taxes with Linebarger Goggan Blair & Sampson, LLP, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. IT IS FURTHER RESOLVED AND ORDERED that taxes for the year 2006 and taxes for all subsequent years that become delinquent on or after February 1 but not later than May 1, that remain delinquent on July 1 of the year in which the become delinquent, incur an additional penalty in the amount of twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code Section 6.30 and 33.07, as amended. IT IS FURTHER RESOLVED AND ORDERED that the taxes for the year 2006 and taxes for all subsequent years that become delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in the amount of twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code Section 6.30 and Section 33.08, as amended. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted OCTOBER 25, 2007 '17 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11F3. Consider a resolution authorizing property tax refunds to Teco- Westinghouse Motor Company for 2002 and 2003 taxes totaling $7,050.39. 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, Teco-Westinghouse Motor Company has made • an overpayment or erroneous payment of 2002 and 2003 taxes in the amount of $7,050.39; 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 $7,050.39. The City Council hereby finds and declares that written notice of the date, hour, place and subject„of the meeting at which this Resolution was adopted was.,posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 October, 2007. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:05 p.m. Respectfully Submitted, • Christine R. Martinez, Cit"Secretary 18 NOVEMBER 8, 2007 The Round Rock City Council met Regular Session on Thursday, November 8, 2007, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:03 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: Natalie Bogue, 104 S. Georgetown Street, expressed her concerns regarding plans for social services buildings to replace the Sam Bass Little League baseball fields. Bob Davis, 1704 Oakridge Drive, Spoke on speed humps and pads on all collector streets. The following individuals expressed their concerns regarding the Creek Bend/ Wyoming Springs road project. t Barbara Walker, 18225 Whitewater Cove Michelle Hamilton, Stone Canyon Dan Kennedy, 709 Ivy Court James Cunningham, 1110 Quail Lane Lisa Ponce, 1209 Cardinal Lane Dan Zieschang, 1106 Quail Lane Joan Brown, 16800 Willow Oak Lane Gina Warrington, 2516 Falcon Mike Freeman, 1200 Deepwood Drive Bob Eskridge, 1609 Wildwood Jennifer Cunningham, 1110 Quail Lane Mike Dance, 905 Brookside CT Lee Linton, 1111 Quail Lane Luciano Caparello, 8306 Broken Branch Sara Caparello, 8306 Broken Branch Jim Miller, 8506 Tad Park Cove Pat Savarese, Round Rock Conner Woodbury, 176968ox Canyon CONSENT AGENDA: • The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *6A. Consider approval of the City Council minutes for October 25, 2007. *9A1. Consider an ordinance establishing a 40-mph speed limit on Creek Bend Drive, from FM 3406 to West End Place. (First Reading) NOVEMBER 8, 2007 *9C2. Consider an ordinance adopting the Community Development Block Grant Fund Budciet for FY 2007-2008. (Second Reading) *9C3. Consider an ordinance adopting the Law Enforcement Fund Budget for FY 2007-2008. (Second Reading) *9C4. Consider an ordinance adopting the amendment to Section 1.702, Code of • Ordinances, for an additional penalty to defray costs of collecting of delinquent taxes. (Second Reading) *9C5. Consider an ordinance adopting the Library Fund Budget for FY 2007-2008. (Second Reading *9C6. Consider an ordinance adopting the Municipal Court Fund Budget for FY 2007- 2008. (Second Reading) *9C7. Consider an ordinance adopting the Parks Improvement and Acquisition Account Budget for FY 2007-2008. (Second Reading) *9C8. Consider an ordinance adopting the Tree Fund Budget for FY 2007-2008. (Second Reading) *91D1. Consider an ordinance changing the time of the December 6, 2007 City Council Meeting from 7:00 p.m. to 5:00 p.m. (First Reading) *9E1. Consider an ordinance amending Section 6.200, Noise Control, Code of • Ordinances. (Second Reading) *10E4.Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal for the installation of a traffic signal on Gattis School Road at Surrey Drive and Gattis School Road at South Creek Drive. MOTION: Councilmember Clifford moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember✓Rhode moved to dispense twith the second reading of the ordinance for item 9D1 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None 20 NOVEMBER 8, 2007 ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A Consider approval of the City Council minutes for October 25 2007 This item was approved under the consent agenda. PRESENTATIONS: 7A1. Consider a presentation regarding the Williamson County Regional Animal • Shelter. David Kautz, Assistant City Manager/CFO made the staff presentation. Cheryl Schneider, Animal Services Director also made a presentation on the current status of the shelter in regards to the facility, staffing, and animals. 7B1. Consider a presentation concerning the Transportation Capital Improvement Program (TCIP) quarterly report. Tom Martin, Transportation Services Director made the staff presentation. He outlined the quarterly report which documented the accomplishments, activities, and potential changes in activities as it may relate to transportation system improvements. PUBLIC HEARINGS: 8A1. Consider public testimony regarding revisions to the Transportation Element of the General Plan 2000. Jim Stendebach, Planning and Community Development Director briefly outlined the revisions. He added that the Amendments to the City's Transportation • Master Plan are limited to changes to the Roadway Table and the Ultimate Roadway Network Map. Because the Roadway Table and Ultimate Roadway Network Map are also contained in the General Plan 2000, City Council is required to amend the General Plan in order to reflect the changes. Tom Martin, Transportation Services Director outlined the amendments which include adding Arterial `M', which is the proposed road connecting N. Mays and Oakmont Drive and connecting this roadway to the surrounding street network, eliminating a portion of Double Creek Drive between US 79 and Old Settlers Boulevard, adjusting the alignment of Creek Bend Boulevard and Wyoming Springs Road where they intersect and connect to FM 1431, extending Chisholm Trail to connect with Arterial 'H', and a number of administrative changes. The timing of the amendments is critical in order to secure funding from the Transportation System Development Corporation. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. • ORDINANCES: *9A1. Consider an ordinance establishing a 40-mph speed limit on Creek Bend Drive from FM 3406 to West End Place (First Reading) (Requires Two Readings) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.502, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS CHANGING THE SPEED ZONE ON A 4 f.h t• ! .21 NOVEMBER 8, 2007 PORTION OF CREEK BEND DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9A2. Consider an ordinance approving Amendment No. 2 to the Transportation Master Plan. (First Reading) Tom Martin, P.E., Director of Transportation Services made the staff presentation. This amendment is due to changing roadway needs. This amendment includes the addition of an arterial roadway connecting N. Mays Street to Oakmont Drive and connecting this new arterial to the surrounding roadway network, extension of Chisholm Trail to connect with Arterial H, removal of the northern portion of Double Creek between Old Settlers Boulevard and US 79, realignment of the proposed Wyoming Springs Road between FM 3406 and FM 1431 and Creek Bend North of FM 3406 as well as a number of administrative changes which include naming updates and updates to the Roadway Table. ORDINANCE NO. AN ORDINANCE AMENDING THE "COMPREHENSIVE TRANSPORTATION MASTER PLAN, MARCH 2004," WHICH CONSTITUTES THE CITY OF ROUND ROCK'S TRANSPORTATION POLICY; AND REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 9B1. Consider an ordinance amending the Transportation Element of the General Plan 2000. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation for this item during the public hearing held earlier in the meeting. ORDINANCE NO. AN ORDINANCE AMENDING THE GENERAL PLAN OF THE CITY OF ROUND ROCK, TEXAS, CODIFIED UNDER SECTION 11.107, CODE OF ORDINANCES (1995 EDITION), CITY OF 22 NOVEMBER 8, 2007 ROUND ROCK, TEXAS, TO AMEND CHAPTER 7; 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 Mayor Pro-tem McGraw Councilmember Clifford , Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 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 Mayor Pro-tem McGraw Councilmember Clifford' Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9C1. Consider an ordinance adopting Amendment No. 1 to the FY 2006-2007 Operating Budget. (Second Reading) Cindy Demers, Finance Director made the staff - presentation. This budget amendment allocates available'cash from fiscal year 2006-2007 to specified capital purchases and capital projects. These available funds are provided primarily due to the collection of additional sales tax revenues, other revenues and departmental budget savings. ORDINANCE NO. AN ORDINANCE ADOPTING AMENDMENT NO. 1 TO THE OPERATING BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2006-2007. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford • Councilmember Salinas Councilmember Rhode . Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9C2. Consider an ordinance adopting the Community Development Block Grant Fund Budget for FY 2007-2008. (Second Reading). This item was approved under the consent agenda. 23 NOVEMBER 8, 2007 ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2007-2008 FISCAL YEAR. *9C3. Consider an ordinance adopting the Law Enforcement Fund Budget for FY 2007-2008. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE ADOPTING A BUDGET FOR THE LAW ENFORCEMENT FUND FOR THE 2007- 2008 FISCAL YEAR. *9C4. Consider an ordinance adopting the amendment to Section 1.702, Code of Ordinances, for an additional penalty to defray costs of collecting of delinquent taxes. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.702, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ENTITLE COLLECTION OF ADDITIONAL PENALTY TO DEFRAY COSTS OF COLLECTION OF DELINQUENT TAX ACCOUNTS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *9C5. Consider an ordinance adopting the Library Fund Budget for FY 2007-2008. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE ADOPTING A BUDGET FOR THE LIBRARY FUND FOR THE 2007-2008 FISCAL YEAR. *9C6. Consider an ordinance adopting the Municipal Court Fund Budget for FY 2007- 2008. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE MUNICIPAL COURT FUND FOR THE 2007- 2008 FISCAL YEAR. *9C7. Consider an ordinance adopting the Parks Improvement and Acquisition Account Budget for FY 2007-2008. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE PARKS IMPROVEMENT AND ACQUISITION ACCOUNT FOR THE 2007-2008 FISCAL YEAR. *9C8. Consider an ordinance adopting the Tree Fund Budget for FY 2007-2008. • (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ADOPTING THE BUDGET FOR THE TREE FUND FOR THE 2007-2008 FISCAL YEAR. *9D1. Consider an ordinance changing the time of the December 6, 2007 City Council Meeting from 7:00 p.m. to 5:00 p.m. (First Reading)This item was approved under the consent agenda. ORDINANCE NO. 24 NOVEMBER 8, 2007 ANO ORDINANCE INANCE CHANGING THE TIME OF THE FIRST REGULAR DECEMBER MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF DECEMBER, 2007; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9E1. Consider an ordinance amending Section 6.200, Noise Control, Code of Ordinances. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, PROVIDING NOISE CONTROL STANDARDS APPROPRIATE FOR THE ADJACENCY; PROVIDING GENERAL AND SPECIFIC PROHIBITIONS, EXEMPTIONS AND TEMPORARY EXEMPTION PERMITTING, PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, REPEAL OF FORMER ORDINANCE, AND EFFECTIVE DATE CLAUSE; AND PROVIDING FOR RELATED MATTERS. RESOLUTIONS: 10A1. Consider a resolution indicating the City's desire to participate in the 2007 Capital Area Housing Finance Corporation Single-Family Mortgage Revenue Bond Program. Jim Stendebach, Planning and Community Development Director, introduced Seth Searcy, representative for the Capital Area Finance Corporation. Mr. Searcy outlined the program. He explained that this resolution only shows the City's desire to support the program. Single Family mortgage bonds are issued by the Capital Area Finance Corporation and will be available through qualified mortgage lenders to finance eligible single family residences by qualified borrows in nine counties, including Williamson County. The total • amount of the bonds will not exceed $25,000,000. RESOLUTION NO. WHEREAS, The Capital Area Housing Finance Corporation (the "Corporation") was incorporated pursuant to the Texas Housing Finance Corporations Act of 1979, as amended, chapter 394 of the Local Government Code (the "Act"), bythe governing bodies of the City of San Marcos, Texas, and each of the Texas counties of Bastrop, Blanco, Caldwell, Fayette, Hays, Llano, and Williamson (the "Local Governmental Units"), to provide a means of financing the cost of residential ownership and development that will provide decent, safe, and sanitary housing for individuals and families of low and, moderate income; and WHEREAS, The Corporation's Articles of Incorporation were amended effective March 11, 1998 to add the Texas counties of Burnet and Lee as.Local Governmental Units of the Corporation; and WHEREAS, The Corporation intends to issue its Capital Area Housing Finance Corporation Single-Family Mortgage Revenue Bonds (Guaranteed Mortgage-Backed Securities Program), Series 2007A (the "Bonds"); and WHEREAS, Section 394.005 of the Act provides that the Act does not apply to property located within a municipality with more than 20,000 inhabitants unless the governing body of the municipality approves the application of the Act to the property; and WHEREAS, The Corporation has requested the governing body of the City of Round Rock, Texas, (the "City") to approve the use of the proceeds of the issuance of the Corporation's Bonds to finance home mortgages for homes located in that area of the City located within Williamson County, Texas; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT, 1. The recitals are incorporated in and made a part of this Resolution. 2. The City Council approves the application of the Act to property within the City that is located within Williamson County, Texas, and grants its approval to the Corporation for use of the proceeds of the Bonds to finance home mortgages for homes located within that portion of the City. 3. To demonstrate the City's desire to participate in the Corporation's 2007 mortgage revenue bond program, a certified copy of this Resolution will be forwarded to the Corporation. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which.'this Resolution was adopted was posted and that such meeting was open to the public as. required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted 25 NOVEMBER 8, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw ® Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10B1. Consider a resolution authorizina' the Mayor to execute a Construction Contract with McLean Construction. Ltd. for the Kensington Park 16-inch Waterline Improvements Project. Michael Thane, P.E., Director of Utilities made the staff presentation. The Kensington Park 16-inch Waterline Improvements Project is included in the City's 2004 Water System Master Plan and will allow the City to maximize the use of groundwater from the Lake Creek Pump Station. The line will connect to an existing 16-inch water line located at the South 81 elevated storage tank, extend east through Kensington Park, under Greenlawn Boulevard up to the intersection at Gattis School Road. Staff • recommended awarding of the contract to McLean Construction, Ltd. for $480,724.78 who was the lowest responsible bidder to construct this water pipeline project. RESOLUTION NO. WHEREAS,; the City of Round Rock has duly advertised for bids for the Kensington Park 16-inch Waterline Improvements Project, and WHEREAS, McLean Construction, Ltd. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of McLean Construction, Ltd., Now Therefore BE IT RESOLVED BY THE 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, Ltd. for Kensington Park 16-inch Waterline Improvements Project. The--City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November, 2007. MOTION: Councilmember'Whitfield moved to approve the resolution. • Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 26 NOVEMBER 8, 2007 1OB2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2006-2007 Wastewater Collection System Rehabilitation of three sub-basins. Michael Thane, P.E., Director of Utilities made the staff presentation. The City is required to continue this program'in order to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. This is year 6 of a 7 year contract. This contract is to develop construction plans and specifications to rehabilitate the wastewater collection system in three sub-basins. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2006-2007 Wastewater Collection System Rehabilitation of three sub-basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc. for the 2006-2007 Wastewater Collection System Rehabilitation of three sub-basins, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required b law at all times during which this s 9 P P q Y 9 Resolution and the subject matter hereof 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 November, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember r Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 1OC1. Consider a resolution approving the funding of certain capital projects from the General Self-Financed Construction Fund. Cindy Demers, Finance Director made the staff presentation. This resolution approves a list of priority projects from the City's Self- financed Construction Fund — 2008 Capital Spending Plan. 'Ms. Demers outlined the projects that need immediate funding. Jim Nuse, City Manager, presented a list of additional projects that would require funding in the near future. As in previous years, this process • continues the City's financial strategy of allocating cash funding for projects the City would normally issue debt for. This strategy has reduced the need to borrow funds while allowing the City to continue to keep up with the significant growth demand. RESOLUTION NO. WHEREAS, the City Staff and the City Council have studied and assessed the needs of the City for certain capital projects, and WHEREAS, the City Council desires to prioritize and fund these needed capital projects from the Self-Financed Construction Fund, Now Therefore :27 NOVEMBER 8, 2007 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the list of capital projects along with their estimated costs as shown in Exhibit "A", attached hereto and incorporated herein, are approved for funding from the General Self-Financed Construction Fund. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the, Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 8th day of November, 2007. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C2. Consider a resolution approving the Operating Budget for the Round Rock Transportation System Development Corporation for FY 2007-2008. Cindy Demers, Finance Director made the staff presentation. This budget provides funding for debt service and administrative, financial, legal and engineering services to the Transportation System . Development Corporation, RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation has submitted a proposed operating budget for fiscal year 2007-2008, 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 2007-2008, attached hereto as Exhibit "A", is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: NCouncilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C3. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in entering into a State Infrastructure Bank Loan Agreement with the State of Texas for the improvements in the Hesters Crossing area. 28 NOVEMBER 8, 2007 Cindy Demers, Finance Director made the staff presentation. The Round Rock Transportation System Development Corporation made an application to the State Infrastructure Bank (SIB) for a loan not to exceed $16 million for the improvements in the Hester's Crossing area. The terms of the loan are as follows: 4.2% per annum to maturity, 15 year amortization with equal annual principal and interest payments, no debt service reserve requirement, subordinate lien position, no additional bonds test. The loan will be • repaid from the 1/2 % sales tax dedicated to transportation improvements. RESOLUTION NO. WHEREAS, the Board of Directors of the Round Rock Transportation System Development Corporation ("RRTSDC") wishes to enter into a State Infrastructure Bank Loan Agreement with the State of Texas for the improvements in the Hesters Crossing area, and WHEREAS, the City Council wishes to approve of such action, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into a State Infrastructure Bank Loan Agreement with the State of Texas to borrow up to $16,000,000 for improvements in the Hesters Crossing area. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meetingwas open to the public as required b law at all times during which this P P q Y 9 Resolution and the subject matter hereof 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 November, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D1. Consider a resolution authorizing the City to intervene in the request to the Public Utility Commission by Oncor Electric Delivery Company to amend its Certificate of Convenience and Necessity for a 345 kV transmission line in Williamson and Bell Counties. Steve Sheets, City Attorney made the staff presentation. Oncor has filed its intent with the PUC to amend its Certificate of Convenience and Necessity for a new 345kV transmission line to be located within Bell and Williamson Counties. The project includes the expansion of station facilities at the Salado Switching Station and the Hutto Switching • Station. The estimated cost of the project is $93.4 million. Round Rock has been notified of the request by Oncor under a statutory requirement because one of the proposed line routes is within 5 miles of the Round Rock City limits. RESOLUTION NO. WHEREAS, the Electric Reliability Council of Texas (ERCOT) has authorized Oncor Electric Delivery Company (Oncor)to develop a 345 kV transmission line from Salado, Texas to Hutto, Texas; NOVEMBER 8, 2007 WHEREAS, on October 24, 2007, Oncor notified the City of Round Rock ("City") that it has filed .an application for a certificate of convenience and necessity (CCN) for construction of the 345 kV line from Salado to Hutto with the Public Utility Commission of Texas (PUC), PUC Docket No. 34440, such application having been referred to the State Office of Administrative Hearings (SOAH), WHEREAS, the City has standing to intervene under Texas Administrative Code, Title 16, § 22.103(b)(1), and Texas Utilities Code § 33.025; WHEREAS, to ensure the City preserves its right to participate in the proceedings and to protect the health, .safety and welfare of its citizens, the City wishes to intervene in the CCN proceedings at the State Office of Administrative Hearings, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Attorney is hereby authorized and directed to intervene on behalf of the City in PUC Docket No. 34440 pertaining to Oncor's CCN application. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 10D2. Consider a resolution approving the budget for the Williamson County Regional Animal Shelter for fiscal year 2007-2008. David Kautz, Assistant City Manager/CFO made the staff presentation. The City of Round Rock is a participating entity of the Williamson County Regional Animal Shelter. The proposed budget reflects the City's portion of the expenses related to the Regional Animal Shelter for FY 2007-2008. The proposed budget is the share of debt service and operating expenses for the City of Round Rock. RESOLUTION NO. WHEREAS, the City of Round Rock ("City"), is a participating entity of the Williamson County Regional Animal Shelter ("Regional Animal Shelter"), and WHEREAS, the Regional Animal Shelter has submitted a proposed budget which reflects the City's portion of expenses for fiscal year 2007-2008, and WHEREAS, the City Council wishes to approve said budget, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the budget submitted"by and for the Williamson County Regional Animal Shelter • for fiscal year 2007-2008, attached hereto as Exhibit"A", is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code; as amended. RESOLVED this 8th day of November, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw 30 NOVEMBER 8, 2007 Councilmember Clifford Councilmember Salinas , Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 1OD3. Consider a resolution casting a vote for the Travis Central Appraisal District Board of Directors. David Kautz, Assistant City Manager/CFO made the staff presentation. In October, the Council nominated June J. Kunkel to serve on the.Travis County Appraisal District (TCAD) board. The board of directors is instrumental in developing.and maintaining an appraisal district that is well managed and fair to both individual taxpayers and the entities that depend upon property tax revenue to fund local government operations. The eastern jurisdictions, in which Round Rock is located, may cast one vote each for the eastern jurisdiction nominee. Staff recommended placing the one vote for June J. Kunkel. RESOLUTION NO. WHEREAS, §6.03(k) Texas Property Tax Code provides for the governing body of each taxing unit to cast votes for individuals nominated for the Travis Central Appraisal District Board of Directors, and WHEREAS, the City of Round Rock is entitled to one vote which may be cast for individuals nominated for the Board of Directors, and WHEREAS, the City Council wishes to cast its one vote as set forth below, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, • That the Council hereby casts its vote as follows: 1. June J. Kunkel 1 vote The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 November, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D4. Consider a resolution casting votes for the Williamson Central Appraisal • District Board of Directors. David Kautz, Assistant City Manager/CFO made the staff presentation. In October, the Council nominated Robert Tagge and Deborah Hunt to serve on the Williamson Central Appraisal District (WCAD) board. The WCAD is responsible for appraising property in the county at its market value for purposes of property taxation. The five-member board serves a 2-year, unpaid term, sets policies for the WCAD and hires the Chief Appraiser. The board also approves the WCAD annual budget which is funded by h f t :.f 31 NOVEMBER 8, 2007 assessments of the taxing entities in the county. Staff recommended the city's allocation of 185 votes be place for Robert Tagge. RESOLUTION NO. WHEREAS, §6.03(k) Texas Property Tax Code provides for the governing body of each taxing unit to cast votes for individuals nominated for the Williamson Central Appraisal District Board of Directors, and WHEREAS, the City of Round Rock is entitled to 185 votes which may be cast for • individuals nominated for the Board of Directors, and WHEREAS, the City Council wishes to cast its 185 votes as set forth below, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Council hereby casts its votes as follows: 1. ANCIRA, JESSE JR. votes 2. GIBBS, HARRY votes 3. HUNT, DEBORAH votes 4. MIRELES, BRIG votes 5. PAULL, DON votes 6. TAGGE, ROBERT 185 votes The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10E1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for the construction of Wyoming Springs between RM 620 and Brightwater Boulevard. Tom Word, Chief of Public Works Operations made the staff presentation. In conjunction with the City's project to extend Creek Bend Boulevard to the intersection of Brightwater Boulevard/Wyoming Springs, Wyoming Springs will need to be widened to a four lane Major Arterial Divided configuration to enhance regional mobility and reduce current and future congestion. Wyoming Springs is currently a two-lane roadway between RM 620 and Bri'g�htwater Boulevard. The estimated cost of the project is • $6,400,000. Williamson County allocated $3.0 million of their 2006 Road and Parks Bond Issue for the construction of two lanes for the proposed four-lane roadway. The project will include paying, curb, gutter, drainage and other associated appurtenances. This project will also include a pedestrian crossing facility for students attending Fern Bluff Elementary School. The Council requested staff to focus on the timing of the construction on 620 with Williamson County and to continue to put the safety issues of the children first. They also requested that staff continue to work closely with school authorities on this project. 32 NOVEMBER 8, 2007 RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government,Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County for the construction of Wyoming Springs, Now Therefore BE IT RESOLVED BY 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 8th day of November, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10E2. Consider a resolution authorizing the Mayor to execute Quantity Adjustment No. 1 for the 2007 Street Maintenance Program (Slurry Surfacing) contract with Ballou Construction Inc. Tom Martin, P.E., Director of Transportation Services made the staff presentation. Quantity Adjustment #1 encompasses the final quantity adjustments required to close out the project. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into - a contract ("Contract") with Ballou Construction Inc. for the 2007 Street Maintenance Program (Slurry Surfacing), and WHEREAS, the Council has determined that it is necessary to make adjustments 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 adjust the quantities in said Contract in accordance with the,attached Quantity Adjustment 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 Quantity Adjustment No. 1 to the Contract with Ballou Construction Inc. for the 2007 Street Maintenance Program (Slurry Surfacing), a copy of said Quantity Adjustment being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter .hereof 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 November, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 33 NOVEMBER 8, 2007 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10E3. Consider a resolution approving the action of the Round Rock Transportation • System Development Corporation in amending the Transportation Capital Improvement Program (TCIP). Tom Martin, P.E., Director of Transportation Services made the staff presentation. The Transportation System Development Corporation approved the following amendments to the TCIP are as follows: 1. Funding for Arterial M (Mays/Oakmont) extension in the amount of $3.55 million. The funds are required to fully fund design, right-of-way acquisition, utility relocation, and construction. The project limits are Old Settlers Boulevard to Jeffrey Way. 2. Funding for Wyoming Springs improvements in the amount of $3.4 million,. At the request of the City, Williamson County allocated $3.0 million of their 2006 Road and Parks Bond Issue for the construction of Wyoming Springs between RM 620 and Brightwater Boulevard. This project will construct the remaining two lanes of the proposed MAD 4 and includes paving, curb, gutter, drainage and other associated appurtenances. This project will include a pedestrian crossing facility for students attending Fern Bluff Elementary School. The. project limits are RM 620 to Brightwater Boulevard. 3. Funding for the US 79 Gap project in the amount of $550,000.00. These funds will be used for right-of-way acquisition. 4. Additional funding for the Old Settlers Boulevard (Kiphen Road) Project in the amount of $411,792 for right-of-way expenses. The project limits are FM 1460 to Red Bud Lane (CR 122). • 5. Reduce funding for SH 45, by $3,941,589.00 for project close out. 6. Reduce funding for Red Bud Lane (CR 122 Phase 3) by $300,000 for project close out. 7. Reduce funding for the Forest Creek Project by $59,698.00 for project close out. 8. Reduce funding for the Greenlawn project by $18,203.00 for project close out. 9. Reduce funding for Red Bud Lane (CR 122 Phase 1 & 2) by $33,891.00 for project close out. RESOLUTION NO. WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC") has previously adopted a Transportation .Capital Improvement Plan ("Plan"), and WHEREAS, the RRTSDC wishes to amend said Plan, and WHEREAS, the bylaws of the RRTSDC require that said amendments to the Plan be approved by the City Council, and WHEREAS, the City Council wishes to approve said amendments to the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the amendment to the Transportation Capital Improvement Plan approved by the Round Rock Transportation System Development Corporation, which is attached hereto as Exhibit"A", is hereby approved. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the 'public as required by law at all times during which this • Resolution and the subject matter hereof were discussed, considered .and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield 34 NOVEMBER 8, 2007 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10E4.Consider a resolution authorizing the Mayor to execute a contract with Austin Traffic Signal for the installation of a traffic signal on Gattis School Road at Surrey Drive and Gattis School Road at South Creek Drive. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the installation of a traffic signal on Gattis School Road at Surrey Drive and Gattis School Road at South Creek Drive, and WHEREAS, while only one bid was received from Austin Traffic Signal the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Austin Traffic Signal, Now Therefore BE IT RESOLVED BY THE 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 for the installation of a traffic signal on Gattis School Road at Surrey Drive and Gattis School Road at South Creek Drive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of November, 2007. APPOINTMENTS: 11A1. Consider Council confirmation of Mayoral appointee, Councilmember Kris Whitfield, as the Council's representative to the Round Rock Chamber of Commerce Board of Directors. Mayor Maxwell appointed Councilmember Whitfield as the Council's representative to the Round Rock Chamber of Commerce Board of Directors. MOTION: Councilmember Clifford moved to accept Mayor Maxwell's appointment to the Chamber of Commerce Board of Directors. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11A2. Consider two appointments of Ad Hoc members to the Capital Improvements Advisory Committee. The Local Government Code stipulates that if an impact fee is to be applied in the extraterritorial jurisdiction, the advisory committee membership must include a representative from that area. Jim Boles and Joe Vining reside in the City's ETJ and submitted letters of interest to serve on this committee. MOTION: Councilmember Whitfield moved that nominations cease and to appoint Jim Boles and Joe Vining to the Capital Improvements Advisory Committee by acclamation. Councilmember Rhode seconded the motion. 35 NOVEMBER 8, 2007 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 10:47 p.m. Re e t uIl Subm't ed Sa . White, City Secretary 36 NOVEMBER 20 2007 The Round Rock City Council met in;Regular Session',on Tuesday, November 20, 2007, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M.- Mayor .M:Mayor Maxwell called the session to'order at 7:00 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember • Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flaa Texas State Flag ' CITIZENS COMMUNICATIONS: Phil Rodriquez, 8609 Priest River Drive, expressed concern regarding the "Transportation Master Plan" and a cut through road in Stone Canyon. The following individuals spoke on agenda item 10C1 in regards to a feral cat program in Round Rock: Kim Pascarella, 3004 Covington Place Donna Powell, 2433 Deer Trail Circle • Dr. Roy B. Smith, 2505 Creek Bend Circle CONSENT AGENDA: The following items were considered routine by the City Council and we're enacted by one motion. There was no separate discussion on any of these items and item 10B1 was removed from the consent agenda and discussed in its normal sequence. *6A. Consider approval of the City Council minutes for November 8, 2007. *10A1. Consider an ordinance establishing a 40-mph speed limit on Creek Bend Drive, from FM 3406 to West End Place. (Second Reading *10B1. Consider an ordinance changing the time 'of the December 20, 2007 City Council Meeting from 7:00 p.m. to 6:00 p.m. (First Reading) *10D1. Consider an ordinance annexing 6.34 acres of Red Bud Lane right-of-way located north of CR 117. (First Reading) • *10D2. Consider an ordinance repealing Ordinance G-97-10-09-9E naming a private drive to Farmers Circle. (First Reading) a, 37 .NOVEMBER 20, 2007 *11C1. 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 2007 - 2008. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Clifford seconded the motion. • VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance for item 10D1 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt • Nays: None ACTION: The motion carried unanimously. MOTION: Mayor Pro-tem McGraw moved to dispense with the second reading of the ordinance for item 10D2 with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for November 8, 2007. This • item was approved under the consent agenda. PROCLAMATIONS: 7A. Consider proclaiming November 2007 as Chronic Obstructive Pulmonary Disease Awareness Month. The Mayor read the following proclamation and presented it to Linda Jones and Amy Ellsworth, on behalf of the 2007 Central Region COPD (Chronic Obstructive Pulmonary Disease) Awareness Committee. 38 NOVEMBER 20, 2007 WHEREAS, chronic lung diseases such as emphysema and chronic bronchitis; known collectively as chronic obstructive pulmonary disease (COPD), are the fourth leading cause of death in the United States; and, WHEREAS, 16 million people in the United States have been diagnosed with some form of COPD and the same number of individuals go undiagnosed, and COPD costs the U.S. an estimated 31.9 billion a year, and, WHEREAS, COPD is commonly an invisible disease until symptoms appear, and awareness, early detection, and treatment are crucial in the prevention or slowing of the spread of lung disease, NOW THEREFORE, be it resolved, that I, Nyle Maxwell, Mayor of the City of Round Rock, do hereby proclaim November 2007 as: "Chronic Obstructive Pulmonary Disease Awareness Month" in the City of Round Rock, and I urge all citizens to help raise awareness of the prevalence of COPD and the serious effects associated with the disease. PROCLAIMED this 20th day of November 2007. PRESENTATIONS: 8A1. Consider a presentation regarding the Water Distribution Audit recently completed by JBS Associates. Michael D. Thane, Director of Utilities, made the staff presentation. This presentation updated the City Council on the water distribution audit which diagnosed the system for unaccounted-for water loss and identified additional cost savings and efficiencies. The last audit to be done was in 2002. Mr. Thane outlined and highlighted the audit as well as the recommendations. The audit is designed to help the City reduce the balance of water loss as cost effectively as possible and places emphasis on the meter management, meter sizing, and bulk meter aspects, as well as leakage. In evaluating the water system, JBS verified available historical data representing the • quantities of water produced or pumped for distribution. This evaluation identified where actions needed to be taken by the City to reduce losses in the system. Considerable savings in water loss and associated costs could be achieved through implementation of the audit conclusions. PUBLIC HEARINGS: 9A1. Consider public testimony regarding the proposed amendments to Chapter 11, Zoning regarding eating establishments and indoor entertainment activity facilities and to limit their proximity to residential lot lines. Jim Stendebach, Planning Director made the staff presentation. This set of amendments provides increased protection to residential lots adjacent to eating and drinking establishments and indoor entertainment facilities (e.g. arcades, pool halls, theaters, etc). Homeowners have experienced increased interface problems when these uses abut their lots. Presently, the Zoning Ordinance requires only a 50 foot separation from a residential property line to an eating and drinking establishment or indoor entertainment facility. The 50 foot separation has fallen short of providing residential property owners with the protection they need. The spill over effects from both uses, including noise, vehicular traffic (including drive through traffic) and the gathering of late night crowds warrant increased separation standards. '39 NOVEMBER 20, 2007 Staff proposes the following amendments to the C-1 (General Commercial) and C-1a (General Commercial Limited) zoning districts to ensure more effective compatibility: For free-standing buildings (pad-sites) • For free-standing eating and drinking establishments and indoor entertainment facilities, staff proposes to increase the building separation to 150 feet from a residential property line. See attached Graphic A. • No outdoor eating, drinking and entertainment areas and/or patios, drive through lanes and • associated facilities, trash dumpsters and receptacles, and loading/unloading facilities shall be permitted within the 150 separation. For establishments located within a multi-tenant building (shopping center) • For eating and drinking establishments and indoor entertainment facilities located within a multi-tenant building, staff proposes to maintain the existing 50 foot separation, but to require that any outdoor eating, drinking and entertainment areas/patios and drive-through lanes and associated facilities be located 150 feet away from a residential property line. See attached Graphic B. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was.closed. 9A2. Consider public testimony regarding an application to zone 8.75 acres located at the southwest corner of Forest Creek Drive and Rusk Road to Planned Unit Development (PUD) No. 77 zoning district. Jim Stendebach, Planning Director made the staff presentation. The property is a portion of an area which was annexed into the City in October of 2006. The site is located at the intersection of Forest Creek Drive and Rusk Road • and is identified by the General Plan 2000 as Residential. The Residential designation permits local commercial uses at major intersections. The Planned Unit Development (PUD) allows for Local Commercial (C-2) uses, with the exception of specific uses eliminated through discussions with residents of the adjacent neighborhood. The following local commercial uses are not permitted in the PUD: auto service facilities (gas station with convenience store), community services (libraries, senior centers, etc.), eating establishments, government facilities, upper-story residential and attached wireless transmission facilities. The PUD contains design standards which require buildings on site to be oriented around a green, a plaza or another type of public open space. The PUD further requires that covered sidewalks and walkways connect the buildings, parking and plaza. In addition, parking must be located outside of the primary street yard, on the sides or to the rear of the buildings. Only landscaping is allowed 'in the primary street yard of the building and the • secondary street yards must contain a 15-foot wide landscaped strip adjacent to the right- of-way. The PUD also specifies that the building height be limited to one story. Other design standards required in the Local Commercial district are also required. 40 NOVEMBER 20, 2007 A significant amount of coordination was done with the neighboring Sonoma residents during the rezoning process. The PUD has been designed to represent the results of the discussions held. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: • *10A1. Consider an ordinance establishing a 40-mph speed limit on Creek Bend Drive, from FM 3406 to West End Place. (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 CREEK BEND DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10B1. Consider an ordinance changing the time of the December 20, 2007 City Council Meeting from 7:00 p.m. to 6:00 p.m. (First Reading) This item was removed from the consent agenda. Jim Nuse, City Manager made the staff presentation. Due to the nature of the event that Council and Staff will be attending after the Council meeting, staff recommended that this item be amended and reflect a 5:OOp.m. start time for the December 20th City Council meeting. • MOTION: Councilmember Rhode moved to amend the ordinance and change the time of the December 20, 2007 City Council meeting from 7:00 p.m. to 6:00 p.m. to 5:00 p.m. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to approve the amended ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. '41 NOVEMBER 20, 2007 MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. ORDINANCE NO. AN ORDINANCE CHANGING THE TIME OF THE SECOND REGULAR DECEMBER MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF DECEMBER, 2007; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10C1. Consider an ordinance amending Sec.2.1400, Code of Ordinances, to provide an affirmative defense to prosecution for allowing a cat to run at large for participants in an approve trap, neuter and return program. (First Reading] Tim Ryle, Assistant Chief of Police made the staff presentation. Chapter 2, Section 2.1401, Restraint of Animals, of the City Code of Ordinances makes it unlawful for the owner of any animal to be at large within the city limits. The proposed change to this ordinance would provide a defense to prosecution if • the animal is a feral cat - i.e., an homeless wild or untamed cat - participating in a trap, Y P P 9 P, neuter, and return program approved by the city. Chief Ryle outlined the requirements of the program approved by the City. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, SECTION 2.1401, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, PROVIDING A DEFENSE TO PROSECUTION UNDER THAT SECTION; 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: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell . Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw 42 NOVEMBER 20, 2007 Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. *10D1. Consider an ordinance annexing 6.34 acres of Red Bud Lane right-of-wax • located north of CR 117. (First Reading This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 6.34 ACRES OF LAND OUT OF THE WILLIS DONAHO, JR. SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY; i FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE FUTURE INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *10D2. Consider an ordinance repealing Ordinancet-97-10-09-9E naming a private drive to Farmers Circle. (First Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, REPEALING ORDINANCE NO. G-97-10-09-9E NAMING OF A PRIVATE DRIVE TO FARMERS CIRCLE; PROVIDING FOR A • SAVINGS CLAUSE AND REPEALING CONFLICTING.ORDINANCES OR RESOLUTIONS. 10D3. Consider an ordinance amending Chapter 11; Sections 11.409, 11.409.1, and 11.423, Code of Ordinances regulating eating establishments and indoor entertainment activity facilities and to limit their proximity to residential lot lines. (First Reading) Jim Stendebach, Planning Director, made the staff presentation'. A public hearing was held earlier in the meeting and the specifics of the amendmentslwere outlined during the public hearing. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-tem -McGraw seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford! Councilmember Salinas! Councilmember Rhode Councilmember Whitfield Mayor Maxwell • Absent: Councilmember Honeycutt 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.; NOVEMBER 20, 2007 VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. • 1OD4. Consider an ordinance to zone 8.75 acres of land located at the southwest corner of Forest Creek Drive and Rusk Road to Planned Unit Development (PUD) No. 77 zoning district. (First Reading) Jim Stendebach, Planning Director made the staff presentation. A public hearing was held earlier in the meeting in which the details and specifics of the PUD agreement were discussed. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None • ACTION: The motion carried unanimously. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute an agreement with Sonitrol for the City's Integrated Security System. Hassan Farhat, Risk Manager made the staff presentation. Facilities security measures are meant to safeguard personnel, property and operations. The City's Integrated Security System components will operate as combined measures for the controlled access, detection, prevention and control of loss or damage to the City and personal property due to theft, sabotage, civil disturbance, natural disasters and similar causes. The new system will include more City facilities and upgraded technical capabilities. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for security system rental services, and WHEREAS, Sonitrol has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes to accept the bid of Sonitrol, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Master Agreement for Purchase of Security System Rental Services from Sonitrol, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November, 2007. 44 NOVEMBER 20, 2007 MOTION: Councilmember Whitfield moved to approve the pp resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell • Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. 11B1. Consider a resolution authorizing the Mayor to execute a construction contract with Chasco Contracting Ltd. for the Old Settlers Park at Palm Valley Sports Complex Improvements Project "A." Rick Atkins, Parks and Recreation Director made the staff presentation. This project will construct parking lots at the Southwest, Southeast, Northeast, and Girls Softball Complexes. This project also includes the installation of utilities (water, wastewater, storm sewer, and electrical main lines) to all five ballfield complexes. In addition, this project will install a pedestrian bridge crossing at the lake in Old Settlers Park. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Old Settlers Park at Palm Valley - Sports Complex Improvements - Project A, and WHEREAS, Chasco Contracting Ltd. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting Ltd., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Chasco Contracting Ltd. for the Old Settlers Park at Palm Valley - Sports Complex Improvements - Project 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 20th day of November, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. *11C1. Consider a resolution authorizing the Mayor to execute a Funding Agreement with the U.S. Department of Housing and Urban Development for Community NOVEMBER 20, 2007 Development Block Grant Funds for Program Year 2007 - 2008 This item was approved under the.consent agenda. 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 2007-2008 Fourth Program Year Action Plan that was adopted by the City Council on August 9, 2007, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Funding Approval/Agreement with HUD for the above-described grant, a copy of said Approval/Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November, 2007. 11D1. Consider a resolution authorizing the Mayor to execute a contract with C.C. Carlton Industries Ltd. for the Ray Berglund Subdivision Improvements. Danny Halden, City Engineer made the staff presentation. This project is to provide water, wastewater, street and drainage improvements subsequent to platting to achieve a properly served subdivision. RESOLUTION NO. • WHEREAS, the City of Round Rock has duly advertised for bids for the Ray Berglund Subdivision Improvements, and WHEREAS, C. C. Carlton Industries Ltd. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of C. C. Carlton Industries Ltd., Now Therefore BE IT RESOLVED BY THE 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 C. C. Carlton Industries Ltd. for the Ray Berglund Subdivision Improvements. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted,was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. 11E1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the City of Cedar Park and the City of Leander regarding the Acquisition of 46 NOVEMBER 20, 2007 Real Property for a Regional Water Treatment Plant Site. Michael Thane, Director of Utilities made the staff presentation. The purpose of this Interlocal Agreement is to establish the cost allocations for each City regarding the acquisition of the Regional Water Treatment Plant Site (RWTPS). The RWTPS will consist of four tracts of land that total 39.24 acres. The total cost of the 39.24 acres is $3,324,022.00, with Round Rock's cost allocation being $1,281,742.88. 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 acquisition of real property for a Regional Water Treatment Plant Site, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the City of Cedar Park and the City of Leander, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed,, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Y Y Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously. 11E2. Consider a resolution authorizing y the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2006-2007 Wastewater Collection System Inspection of seven sub-basins. Michael Thane, Director of Utilities made the staff presentation. The City is required to continue these actions to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. Elimination of defects reduces inflow and infiltration entering the City's Wastewater Collection System and reduces the possibility of leaks from the system impacting the Edwards Aquifer. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the 2006-2007 Wastewater Collection System Inspection of seven sub-basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, r 1( , . 47 NOVEMBER 20, 2007 That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with RJN Group, Inc. for the 2006-2007 Wastewater Collection System Inspection of seven sub-basins, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, _considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 20th day of November, 2007. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Councilmember Honeycutt Nays: None ACTION: The motion carried unanimously.. NEW BUSINESS: 12A1. Consider discussion and action on the proposals to amend the Round Rock Home Rule Charter. Steve Sheets, City Attorney made the staff presentation. The 2007 Charter Review Commission met from March 15, 2007 to June 7, 2007. On July 26, 2007, • the Commission presented its report to the City Council which included two separate propositions for amendments to the Round Rock Home Rule Charter. The council considered the amendments at the October 11th meeting and motions were passed for the City Attorney to develop new wording for the amendments. This discussion reviewed the new proposed amendments. The Council reviewed the new wording Mr. Sheets developed for the amendments. No action was taken on this item. COUNCIL COMMENTS: None ADJOURNMENT: There being no further business, the meeting adjourned at 9:38 p.m. • .i Respectfully Submitted, • Sara White, City Secretary I I 48 NOVEMBER 28, 2007 The Round Rock City Council met in Special Called meeting on Wednesday, November 28, 2007 i in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER - 5:00 P.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. • Also present were City Manager Jim Nuse, Finance Director Cindy Demers, Chief of Public Works Operations Tom Word, and Parks and Recreation Director Rick Atkins. WORK SESSION: 3A. Consider presentation and discussion on the Old Settlers Park at Palm Valley ballfield project. Jim Nuse, City Manager gave a brief overview of the project and some background on the need for the special work session. He informed the Council on the financial differences between the lowest bidder and the actual project budget. Cindy Demers, Finance Director outlined the financial source components of the $14.2M budget for the project. Rick Atkins, Parks and Recreation Director outlined all the original details of the project. Representatives from the architecture firm for the project showed the council animated video of the original project concepts. Mr. Atkins outlined several options for the Council to consider for cost reduction and went through in detail what aspects of the project were being considered for deletion in order to reduce the cost and better match the lowest contractor • bid. Mr. Atkins informed the Council of the timeline needs in order for the project to stay on schedule and requested that this item be placed on the December 6, 2067 agenda for approval. The Council agreed for a committee of 3 Councilmembers; made up of Mayor Maxwell, Councilmember Rhode and Councilmember Whitfield to meet on Monday, December 3, 2007 at 3:00 p.m. The council will meet in another work session on Tuesday, December 4',at 7:30 a.m. Adjournment: There being no further business, the meeting adjourned;at 6:58 p.m. Respectfully Submitted, Sara L. White, City Secretary I A NOVEMBER 28, 2007 Members of the Round Rock City Council (Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Carlos Salinas, Councilmember Rufus Honeycutt, Councilmember Kris Whitfield and Councilmember Joe Clifford), members of the City'of Round Rock Planning and Zoning Commission (Chairman Al Kosik, Vice Chair Sandy Arnold, Commissioner John Latchford, Commissioner Michael Morales, Commissioner Craig Morgan and Comissioner David Pavliska) and members of the City of Round Rock Historic Preservation Commission (Chairman Gary Brown and • Commissioner Nancy Weaver) attended a Downtown Redevelopment Presentation and Work Session. Also present at the meeting were City Manager Jim Nuse, Planning Director Jim Stendebach, Chief of Public Works Tom Word, Library Director Dale Ricklefs, Communications Director Will Hampton, consultants Blake Drury and Tara Salmieri from the consulting firm of Glatting Jackson, and members of the public on Wednesday, November 28, 2007 at 6:30p.m. in the Allan R. Baca Center. There were a total of 137 participants who signed in for the meeting. Will Hampton, Communications Director called the work session to order at 6:43 p.m. Mr. Hampton went over the background for the meeting and noted that the meeting was intended to provide pre-planning and obtain public input for a study Table of Contents. Mr. Hampton introduced the Planning and Zoning Commissioners in attendance at the meeting. In a brief presentation, the consultants outlined the process and exercises that were planned, noting they wanted to have the work session attendees be involved and engaged. • Exercises 1 and 2 were then conducted in which attendees were asked to write one wordp er Post-It note signifying what they valued most about downtown Round Rock and then in Exercise 2, tables of attendees were asked to list all ideas for the redevelopment of Round Rock and each attendee then voted on the items they felt were priorities. Mr. Hampton then did another short presentation and informed the group that a report was due to the City by December 15, 2007. Mr. Hampton introduced the Mayor and Council as well as the Historic Preservation Commission members that attendance. The consultants conducted another brief presentation along with Exercise 3 which was designed to determine the groups' perception of the best and worst within the area being considered for downtown redevelopment. Groups placed colored "dot" stickers on maps of downtown Round Rock with green representing the positive features and orange representing the areas that needed attention. • Mr. Hampton thanked the participants and stated that the City would email a link containing the final report to those who left their email address. This report will include summarized results of the three exercises. There being no further business, the work session ended at 8:20 p.m. Respectfully submitted, o Sara L. White, City Secretary 50 December 6, 2007 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt .Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9C2. Consider a resolution authorizing the Mayor to execute a supplement to the Engagement Letter with Brown McCarroll, L.L.P. for legal services for Certificate of Convenience and Necessity (CCN) issues. Michael Thane, Director of Utilities, made the staff presentation. The City is facing CCN challenges from several utility companies regarding service within our extraterritorial jurisdiction (ETI). Brown McCarroll is currently under contract to assist the City with filing an application with the Texas Commission on Environmental Quality to amend the City's current water and wastewater CCNs. This supplement for the next phase of the project will involve preparation of CCN amendment applications by an environmental consulting firm, and review/input by Brown McCarroll, L.L.P. on preparation, notification, submittal, and other issues associated with the applications. • 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 a supplement to the engagement letter to include preparation of CCN amendment applications by an environmental consulting firm and review and input by Brown McCarroll, L.L.P. on preparation, notification, submittal, and other issues associated with the applications, and WHEREAS, the City Council desires to enter into said supplement 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 a supplement to the engagement letter with Brown McCarroll, L.L.P., a copy of same being attached hereto as Exhibit "A" and incorporated herein forall purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof-were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 6th day of December, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- • tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. R .5=1 December 6, 2007 9D1. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Event Funding Agreement with Round Rock Baseball Tournaments Nancy Yawn, Director of Convention and Visitors Bureau, made the staff presentation. The Tourism Commission considered an application on April 26, 2007 for $10,000 funding, and found that it met both prongs of the statutory test by (a) directly enhancing and promoting • tourism and the convention and hotel industry in Round Rock, and (b) being spent on a statutorily-allowable purpose. The Tourism Commission recommends that the City Council fund this event. 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 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 6th day of December, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes:: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9D2. Consider a resolution authorizing the Mayor to execute an Agreement for Professional Consulting Services a'nd a Work Made for Hire with Arsenal Brand L P for the • Convention and Visitors Bureau marketing and public relations program. Nancy Yawn, Director of Convention and Visitors Bureau made the staff presentation. The Convention and Visitors Bureau is the principal organization organized as the marketing and sales arm of the City with the responsibility to increase occupancies of local lodging facilities, and to increase tourism spending in Round Rock. Representatives from Arsenal Brand, Inc. showed the Council a video and commercials that will be airing on TV and the website, 52 December 6, 2007 ` promoting the City of Round Rock. Arsenal Brand, Inc. was the marketing/PR firm for the last two year. This year the staff recommends utilizing the services of the same firm. 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 and a Work Made for Hire Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreements with Arsenal Brand, • Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services and a Work Made for Hire Agreement with 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 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 6th day of December, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 6:17 p.m. Respectfully Submitted, Sara L. White, City Secretary 53 December 20, 2007 The Round Rock City Council met in Regular Session on Thursday, December 20, 2007, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 5:00 P.M. Mayor Maxwell called the session to order at 5:00 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember • Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Boy Scout Troop 27 led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: David Pavliska, 3015 Cedar Elm Cane, Round Rock spoke on item 9A1 regarding the Open House Signs. Pat Savarese, Round Rock, spoke on roads in Round Rock. PROCLAMATIONS: r5A. Consider a proclamation honoring the Stony Point High School football team - the 5A Bi-District Champions. WHEREAS, the City of Round Rock, the Sports Capital of Texas, is home of the up- and-coming Stony Point High School football program; and WHEREAS, the Stony Point football program teaches teamwork, sportsmanship, hard_ work and "Doing it the right way, every day," and the 2007 football team demonstrated these values as they represented Round Rock throughout the state; and WHEREAS, with a 9-3 overall record and an impressive 6-1 in-district record, this is Stony Point High School's first Varsity winning season since opening the high school in 1999; and WHEREAS, the-Stony Point Tigers played their hearts out defeating Westwood High School 21-17 to become the 14-5A District Champions, and then clinched their first playoff victory before thousands of fans in a 49-20 victory over Bryan High School on November 16, 2007; and WHEREAS, this season included many benchmarks for the Stony Point High School program — including the Varsity team's first-ever playoff victory and the first football District Championship in school history; NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council, do hereby proclaim December 20, 2007, as "Stony Point Tigers Day" • and congratulate Principal Albert Hernandez, Head Coach Craig Chessher and our District Champion Stony Point Tigers for an entertaining and successful season. PROCLAIMED this 20th day of December, 2007. Mayor Maxwell read the proclamation and presented it to Coach Craig Chessher. APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes for December 6, 2007. 54 December 20, 2007 MOTION: Councilmember Whitfield moved to table the approval of the December 6, 2007 City Council minutes until the January 10, 2008 City Council meeting. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Absent: Mayor Pro-tem McGraw Nays: None ACTION: The motion carried unanimously. PRESENTATIONS: 7A1 Consider presentation regarding the findings of the CALEA review committee conducted in August 2007. Bryan. Williams, Chief of Police made the staff presentation. He outlined the findings of the committee and informed the Council that the Police Department was awarded full accreditation for another three years. 7A2. Consider a presentation regarding the New Police Headquarters Building. Tim Ryle, Assistant Chief of Police and Larry Madsen made the staff presentation on the status of the new police building. PUBLIC HEARINGS: 8A1. Consider public testimony regarding the 2006-2007 Consolidated Annual Performance Evaluation Report (CAPER). Mona Ryan made the staff presentation and P Y highlighted the activities from 2007. Mayor Maxwell opened the public hearing. There being no further testimony, the public hearing was closed. RESOLUTIONS: 9A1. Consider a resolution extending the program for a license agreement to allow the placement of "Open House" signs in the certain city-owned rights-of-way. Sara White, City Secretary made the staff presentation and highlighted .the 2007 statistics for the program. 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 k 55 December 20, 2007 WHEREAS, on December 21, 2006 by Resolution No. R-06-12-21-9B1, the Council extended the temporary program until December 31, 2007, and WHEREAS, the Council wishes to again extend the temporary program, and WHEREAS, the License Agreement for Open House Signs in City Rights-of-Way, which the Council approved on December 15, 2005 by Resolution No. R-05-12-15-9E2, will continue to be in effect, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That unless specifically extended by the City Council, this program and all license agreements entered into hereunder, shall expire on December 31, 2008. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2007. MOTION: Mayor Pro-tem McGraw moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B1. Consider a resolution granting authority to the Mayor to execute one or more . electrical power purchase contracts with a term of no less than six months and no more • than three years with a Retail Electric Provider to provide electric power to the City. Cindy Demers made the staff presentation. Ms. Demers gave the Council the background and history on the item. 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; (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. 56 December 20, 2007 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9C1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for automatic aid assistance for fire services with the City of Georgetown, Texas. Larry Hodge, Fire Chief made the staff presentation. Mr. Hodge gave an overview of the agreement and highlighted the service areas. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the City of Georgetown for automatic aid assistance for fire department services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2007. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9D1.Consider a resolution authorizing the City Manager to issue a purchase order to Farber Specialty Vehicles for a mobile command vehicle to serve as a mobile incident command post. Tim Ryle, Assistant Chief of Police made the staff presentation. 57 December 20, 2007 RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase a mobile command vehicle to serve as a mobile incident command post, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Farber Specialty Vehicles is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Farber Specialty Vehicles, 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 Farber Specialty Vehicles for the purchase of a mobile command vehicle. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2007. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 9E1. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement with the City of Cedar Park and the City of Leander pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for Regional Water System for right-of- way acquisition services. Michael Thane, Director of Utilities, made the staff,,presentation. RESOLUTION NO. WHEREAS, on February 8, 2007, the City of Round Rock entered into an Interlocal Agreement Regarding Ancillary Consulting Services for Regional Water System ("Agreement") with the City of Cedar Park and the City of Leander ("Parties"), and WHEREAS, pursuant to the Agreement, the City and Parties wish to enter into a Memorandum of Agreement to approve the Client Additional Services Authorization, dated November 14, 2007, between the Project Consultant and the City of Cedar Park, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Memorandum of Agreement with the City of Cedar Park and the City of Leander, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution Was adopted was posted and that such meeting was open to the `public as required by law"bt all times during which this • Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2007. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford 58 December 20, 2007 Councilmember Salinas, Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9F1. Consider a resolution authorizing the Mayor to execute Supplement No. 1 to the Developer Participation Agreement with Canteberry Development, Ltd. for Public Drainage Channel and Storm Sewer Improvements associated with Eagle Ridge Subdivision • development. Danny Halden, City Engineer, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Developer Participation Agreement ("Agreement") with Canteberry Development Ltd. for public improvements related to the Eagle Ridge Subdivision Development, and WHEREAS, the City Council now wishes to enter into an 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, First Amendment to Developer Participation Agreement with Canteberry Development 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 20th day of December, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw; Councilmember Clifford' Councilmember Salinas! Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None , ACTION: The motion carried unanimously. 9F2.Consider a resolution authorizing the Mayor to execute a Construction Contract with Fencecrete America, Inc. for the Gattis School Road Corridor Enhancement Project. Danny Halden, City Engineer, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Gattis School Road Corridor Enhancement Project, and WHEREAS, while only one bid was received from Fencecrete America, Inc. the City Council has determined that the bid is acceptable, and i • WHEREAS, the City Council wishes to accept the bid of Fencecrete America, 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 Fencecrete America, Inc. for the Gattis School Road Corridor Enhancement Project. The City Council hereby finds an& declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required b law at all times during which this Y 9 Resolution and the subject matter hereof were discussed, considered and formally acted I � d :i Y. 59 December 20, 2007 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2007. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9F3. Consider a resolution authorizing the Mayor to execute Construction Change Order No. 8 with FT Woods Construction for the Round Rock Police Facility. Larry Madsen, made the staff presentation and highlighted the changes that will be made. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with F.T. Woods Construction for the Round Rock Police. Facility, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 8, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayorvis hereby authorized and directed to execute on behalf of the City Contract Change'Order.'IV o..W to the Contract with F.T.. Woods Construction for the Round Rock Police` Facility, Y-copysaid 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 20th day of December, 2007. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem McGraw seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None . ACTION: The motion carried unanimously. • EXECUTIVE SESSION: 11A1. Consider Executive Session as authorized by 551,071 Government Code, related to pending litigation, to wit: The City of Round Rock vs. Christian Noe/ Marsh Cause No. 07-1811-CC2, County Court at Law Number Two of Williamson County, Texas. i 60 December 20, 2007 The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to order by Mayor Pro-tem McGraw at 6:25 p.m. and adjourned at 6:37 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 12A1. Consider discussion and/or possible action related to The City of Round Rock vs. Christian Noel Marsh, Cause No. 07-1811-CC2, County Court at Law Number Two of • Williamson County, Texas, lawsuit. MOTION: Councilmember Honeycutt moved to accept the settlement offer of $3,050,000. Councilmember Rhode seconded the motion. ,VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGrawi Councilmember Clifford' Councilmember Salinas) Councilmember Rhode Councilmember Whitfield Nays: None Absent: Mayor Maxwell ACTION: The motion carried unanimously ADJOURNMENT: There being no further business, the meeting adjourned at 6:44 p.m. Respectfully Submitted, Sara L. White, City Secretary i K .61 January 10, 2008 The Round Rock City Council met in Regular Session on Thursday, January 10, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. .Mayor Maxwell called the session to order at 7:05 p.m. ROLL CALL: Those members present were Mayor Nyle Maxwell, Mayor Pro-tem Alan . McGraw, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: There were no citizens wishing to speak during Citizens Communications. PROCLAMATIONS: 5A. Consider a proclamation honoring the Round Rock High School varsity football team for a successful season. • WHEREAS, the City of Round Rock, the Sports Capital of Texas, is home of the Round Rock High School football team; and WHEREAS, the 2007 Round Rock Dragons practiced and played hard together as a unified team and they exhibited exceptional character as they represented Round Rock throughout the state; and WHEREAS, with an 8-5 overall record, this is Round Rock High School's second consecutive season to go three games deep in the playoffs; and WHEREAS, this season included many accomplishments including defeating the Pflugerville Panthers who went on to play in the state championship; and WHEREAS, the Round Rock Dragons are the Bi-District Champions, Area Champions and a Region Semi-finalist; NOW THEREFORE, I, NYLE MAXWELL, Mayor of the City of Round Rock, Texas, on behalf of the Round Rock City Council, do hereby proclaim January 10, 2008, as "Round Rock Dragons Day" and congratulate Principal Mark Gesch, Head Coach Larry Wilson and our Area Champions, the Round Rock Dragons, for a hard-fought and victorious football season. PROCLAIMED this 10th day of January, 2008. Mayor Maxwell read the proclamation and presented it to Principal Mark Gesch. APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes for December 6, 2007 and December 20, 2007. MOTION: Councilmember Rhode moved to.approve the minutes as submitted. Councilmember Honeycutt Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw 62 January 10, 2008 Councilmember Clifford Councilmember Salinas; Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PUBLIC HEARINGS: 7A1. Consider public testimony regarding the rezoning of 65.35 acres, known as • Lot 1, Chandler Crossing Subdivision from Light Industrial (LI) to the Planned Unit Development No. 78 zoning district. (Also known as the Chandler Crossing PUD). Jim Stendebach, Planning and Community Development Director made the staff presentation and gave the background and restrictions of PUD No. 78. Mayor Maxwell opened the public hearing. Billie Lewallen, 1201 E. Old Settlers Blvd, on behalf of the owners of Parkwood Terrace Apartments spoke against the rezoning due to traffic concerns on Old Settlers Blvd. There being no further testimony, the public hearing was closed. ORDINANCES: ! 8A1. Consider an ordinance rezoning of 65.35 acres, known as Lot 1, Chandler Crossing Subdivision from Light Industrial (LI) to the Planned Unit Development No. 78 zoning district. (Also known as the Chandler Crossing PUD) (First Reading) ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS 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 iA PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 65.35 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK; WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 78. MOTION: Mayor Pro-tem McGraw moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford; Councilmember Salinas, Councilmember Whitfield Mayor Maxwell Nays: Councilmember Rhode ACTION: The motion carried with 6,ayes and 1 nay: 8B1. Consider an ordinance removing Yield signs and replacing them with Stop signs at the following intersections: On Blair Street at Austin Avenue and Blair Street at • Liberty Avenue. (First Reading)(Requires Two Readings) Tom Martin, Director of Transportation Services made the staff presentation. ORDINANCE NO. I , :63 January 10, 2008 AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGNS WITH STOP SIGNS ON BLAIR STREET AT ITS INTERSECTION WITH AUSTIN AVENUE AND ON BLAIR STREET AT ITS INTERSECTION WITH LIBERTY AVENUE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8B2. Consider an ordinance to establish a No Parking Zone on the west side of San Saba Street from Round Rock Avenue to Liberty Avenue. (First Read ing)(Requires Two Readings) Tom Martin, Director of Transportation Services made the staff presentation and presented the Council with the. background on the need for the no parking zone. 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 SAN SABA STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-tem McGraw moved to table the item. Councilmember • Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 9A1. Consider a resolution authorizing the Mayor to execute a loan agreement with the Williamson County Historical Museum for the antique pumper fire truck. Larry Hodge, Fire Chief made the staff presentation. RESOLUTION NO. WHEREAS, the Williamsoh—County Historical Museum ("Museum") has sought the • loan of and has agreed to keep, display and maintain an antique pumper fire truck provided by the City of Round Rock, and WHEREAS, the City Council desires to enter into a Loan Agreement with the Museum for the placement of the referenced truck, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Loan Agreement with Williamson County Historical Museum, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. I 64 January 10, 2008 The City Council hereby finds and,declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public ,as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of January, 2008. ! MOTION: Councilmember Rhode moved to approveithe resolution. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw' Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B1. Consider a resolution authorizing the Mayor to execute Construction Change Order No. 9 with FT Woods Construction for the Round Rock Police Facility. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. i WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with F.T. Woods Construction for the Round Rock Police Facility, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined' that it is necessary to change said Contract in • accordance with the attached Contract Change Order No. 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 F.T. Woods Construction for the Round Rock Police Facility, a copy of said change order being attached hereto as Exhibit �'A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. i RESOLVED this 10th day of January; 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw', Councilmember Clifford! Councilmember Salinas'; Councilmember Rhode Coundimember Whitfield Mayor Maxwell Nays: None , ; ACTION: The motion carried unanimously. 9C1. Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the IH 35 Frontage Road .65 January 10, 2008 Collector/Distributor at Hester's Crossing Bridge Replacement project Tom Martin, Director of Transportation Services made the staff presentation and background on the item. 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 (AAgreement@) with the State of Texas, acting through the Texas Department of Transportation regarding the IH 35 Frontage Road Collector/Distributor at Hesters Crossing Bridge Replacement Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit AA@ and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of,the ,meeting at which this Resolution was adopted was posted and that such meeting was open to'the public as required by law at all times during which this Resolution' find 'the subject'matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of January, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9D1. Consider a resolution authorizing the Mayor to execute a possession agreement with Wells Fargo Bank for parcel 1 of the IH35/Hesters Crossing project Steve Sheets, City Attorney made the staff presentation. RESOLUTION NO. WHEREAS, the City desires to acquire 0.184 acres of land for the IH 35/Nesters Crossing project, and WHEREAS, Wells Fargo Bank, N.A., the owners of the property ("Owners"), have agreed to allow possession of 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 Right of Entry, Possession and Construction Easement with Owners, for the use of the above described property, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of January, 2008. 66 January 10, 2008 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt _ Mayor Pro-tem McGraw Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 7:57 p.m. Respectfully Submitted, �l/l.� < L ' Rfiit� Sara L. White, City Secretary • • 67 January 24, 2008 The Round Rock City Council met in Regular Session-on Thursday, January 24, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Pro-Tem McGraw called the session to order at 7:01 p.m. ROLL CALL: Those members present were Mayor Pro-tem Alan McGraw, • Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. Mayor Maxwell arrived later in the meeting. PLEDGE OF ALLEGIANCE: Mayor Pro-tem McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: There were no citizens wishing to speak at this City Council meeting. PROCLAMATIONS: 5A. Consider proclaiming January 2008 as "School Board of Trustees Recognition • Month." Mayor Pro-tem McGraw read the following proclamation and presented it to Dr. Chavez and Trustees Pat Abbott and Linelle Clark-Brown. WHEREAS, the mission of the Round Rock Independent School District is to provide exemplary education, guidance and encouragement to empower all students to reach their individual potential and become contributing members of a diverse community; and WHEREAS, members of the Round Rock ISD Board of Trustees strive to make certain that each Round Rock school is a place of nurturing, compassion, truth, happiness, respect, creativity, research and self-actualization and that all students and teachers are inspired to become partners in the quest for knowledge; and WHEREAS, local school board members are responsible for ensuring the structure that provides a solid foundation for all of Round Rock ISD's 42 campuses and for communicating the needs of the district to the public and the public's expectations to the district; and WHEREAS, local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; and WHEREAS, local school board members are committed to children and believe that all children can be successful learners, NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim January 2008 as "School Board Recognition Month" in the City of Round Rock and urge all citizens to join me in recognizing the dedication and hard work of local school board members and to work with them to mold an educational • system that meets the needs of both today's and tomorrow's children. PROCLAIMED this 17th day of January, 2008. With the unanimous consent of the Council, Presentations was moved before the Approval of the Minutes. PRESENTATIONS: 7A1. Consider a presentation regarding the Williamson County Conservation Foundation. Gary Boyd, Environmental Project Manager gave a brief introduction on the 68 January24, 2008 Williamson County Conservation Foundation and the habitat conservation plan (HCP). Gary Galbreath presented the details on the Regional Habitat Conservation Plan. Immediately following the presentation, Mayor Pro-tem McGraw read a letter announcing his intent to seek the office of Mayor and his resignation from the position of City Council Place 2 and requested that his letter be reflected in the minutes. Sara White • City Secretary City of Round Rock VIA HAND DELIVERY Dear Sara: Articles 11 and 16 of the Texas Constitution provide that if a councilmember"shall announce their candidacy . . . for any office . other than the office held, at any time when the unexpired term of the office held shall exceed (1) year, such announcement . . . shall constitute an automatic resignation of the office then held." The Constitution further provides that"any vacancy . . . on such governing body . . . must be filled by majority vote of the qualified voters at a special election . . . within 120 days after such vacancy occurs." Following Mayor Maxwell's recent announcement that he does not intend to seek another term as Mayor, I am announcing tonight that I intend to seek the office of Mayor during the May election. Therefore, in compliance with the Constitution of the State of Texas, I am also announcing my immediate resignation from the position of City Council Place 2. This resignation shall also include my position on the Round Rock Transportation System Development Corporation, and the various corporations established by the City of which I am a member. • Please be advised that I delayed making a decision and an announcement until the May election was less than 120 days away. By doing so, the election to fill my seat should be held at the regular May election, thus avoiding the expense of a special election. Regardless of the outcome of the Mayoral election, I would like the minutes to reflect my sincere appreciation and gratitude to the citizens of Round Rock for the opportunity to serve them over the last seven years. I would also like to say that it has been a highlight of my life to serve alongside the Mayor, current members of the Council, the current members of staff, and all the previous councilmembers and staff with whom I've had the privilege of working. It truly has been an unforgettable blessing. Sincerely yours, Alan McGraw City Council Place 2 Mayor Pro-Tem APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes for January 10 2008. MOTION: Councilmember Clifford moved to approve the minutes as submitted. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. PUBLIC HEARINGS: 69 January 24, 2008 8A1 Consider public testimony regarding an application filed by Today PRA Hickerson LP to amend Planned Unit Development No. 62, Provident Crossings, to rezone 8.17 acres of land for a senior independent living facility. Jim Stendebach, Planning and Community Development Director made the staff presentation. Jerry Kavan from Cameron General Contractors made a presentation on the Senior • Independent Living facility and the amenities planned for the facility. Mayor Maxwell opened the public hearing. There being no further testimony, the public hearing was closed. 8A2. Consider public testimony regarding the application filed by Avery Ranch Company, Ltd., to zone 16.562 acres, located north of CR 112 and west of North A.W. Grimes Boulevard, to PF-3 (Public Facilities - High Intensity) District. (Also known as the Seton Hospital - Round Rock Tract), Jim Stendebach, Planning and Community Development Director made the staff presentation. This item is adjacent to the current Seton campus. Mayor Maxwell opened the public hearing. There being no further testimony, the public hearing was closed. 8A3. Consider public testimony regarding the application filed by Avery Ranch Company, Ltd., to zone 60.023 acres, located west of CR 112 and south of University • Boulevard, to PF-3 (Public Facilities - High Intensity) District. (Also known as the ACC - Round Rock Campus Tract). Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Maxwell opened the public hearing. There being no further testimony, the public hearing was closed. 8A4. Consider public testimony regarding the application filed by Palm Valley, Lutheran Church, to rezone 9.564 acres of land (Tract One) from SF-2 (Single Family - Standard Lot) District to PF-3 (Public Facilities - High Intensity)• and zone 41.09 acres of land (Tract Two), PF-3 (Public Facilities - High Intensity) District located on the north side of East Palm Valley Blvd (US Hwy 79), east of North A.W.'Grimes (CR 1460) to PF-3 (Public Facilities - High Intensity). (Also known as the Palm Valley Lutheran Church Tracts One and Two). Jim Stendebach, Planning and Community Development Director made the staff • presentation. Mayor Maxwell opened the public hearing. Mollie Duvries, 65 Woodland Lane, Round Rock, Executive Administrator for the Palm Valley Lutheran Church addressed the Council and thanked them for their patience in working with the Church. There being no further testimony, the public hearing was closed. 70 January 24, 2008 ORDINANCES: 9A1. Consider an ordinance removing Yield signs and replacing them with Stop, signs at the following intersections: On Blair Street at Austin Avenue and Blair Street at Liberty Avenue. (Second Read ing)(Requires Two Readings) Tom Martin, Transportation Services Director made the staff presentation. The first reading of this ordinance was approved at the January 10, 2008 City Council meeting. • ORDINANCE NO. AN ORDINANCE AMENDING THE TRAFFIC CODE BY REPLACING THE YIELD SIGNS WITH STOP SIGNS ON BLAIR STREET AT ITS INTERSECTION WITH AUSTIN AVENUE AND ON BLAIR STREET AT ITS INTERSECTION WITH LIBERTY AVENUE; 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 Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9A2. Consider an ordinance prohibiting through trucks on Falcon Drive from Wyoming Springs Dr. to Oakwood Blvd; on Oakwood Blvd. from RM 620 to Falcon Dr. (First • Read ing)(Reguires Two Readings) Tom Martin, Director of Transportation Services 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 ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON FALCON DRIVE FROM WYOMING SPRINGS DRIVE TO OAKWOOD BOULEVARD, ON OAKWOOD BOULEVARD FROM RM 620 TO FALCON DRIVE, AND ON OAKLANDS-DRIVEFROM RM 620 TO FALCON DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B1. Consider an ordinance rezoning of 65.35 acres, known as Lot 1, Chandler Crossing Subdivision from Light Industrial (LI) to the Planned Unit Development No. 78 zoning district. (Also known as the Chandler Crossing PUD) (Second Reading) Jim Stendebach, Planning and Community Development Director, made the staff presentation. =71 January 24, 2008 MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Whitfield Mayor Maxwell Nays: Councilmember Salinas Councilmember Rhode • ACTION: The motion carried with four Ayes and two Nays. 9B2. Consider an ordinance amending Planned Unit Development No. 62, Provident Crossings, to rezone 8.17 acres of land for a senior independent living facility. (First Reading). Jim Stendebach, Planning and Community Development Director, made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-05-05-26-11D1, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON MAY 26, 2005, BY AMENDING SECTIONS II.2, II.5, II.7, II.8, II.11, II.14 AND THE LIST OF EXHIBITS OF PUD NO. 62, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, 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 Clifford Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION:.......Councilmember Honeycutt moved to dispense with the second reading of the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B3. Consider an ordinance annexing 16.562 acres more or less out of the Abel Eaves Survey, Abstract No. 215, located north of CR 112 and west of North A W Grimes Boulevard, in Williamson County.'(Also known as the Seton Hospital - Round Rock Tract) • (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: 16.562 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 72 January 24, 2008 SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B4. Consider an ordinance regarding the application filed by Avery Ranch Company, Ltd., to zone 16.562 acres, located north of CR 112 and west of North A.W. • Grimes Boulevard, to PF-3 (Public Facilities - High Intensity) District. (Also known as the Seton Hospital - Round Rock Tract) (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 11.401(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 16.562 ACRES OF LAND OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT PF-3 (PUBLIC FACILITIES - HIGH INTENSITY). MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas 73 January 24, 2008 Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B5. Consider an ordinance annexing 60.023 acres, located west of CR 112 and south of University Boulevard. (Also known as the ACC - Round Rock Campus Tract) (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: 60.023 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 Whitfield moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Clifford moved to dispense with the second reading of the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes:. Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B6. Consider an ordinance regarding the application filed by Avery Ranch Company, Ltd., to zone 60.023 acres, located west of CR 112 and south of University Boulevard, to PF-3 (Public Facilities - High Intensity) District..(Also known as the ACC - • Round Rock Campus Tract) (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 11.401(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 60.023 ACRES OF LAND OUT OF THE ABEL EAVES SURVEY, ABSTRACT NO. 215, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT PF-3 (PUBLIC FACILITIES - HIGH INTENSITY). 74 January 24, 2008 MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B7. Consider an ordinance annexing 41.09 acres, located north side of East Palm Valley Blvd (US Hwy 79), east of North A.W. Grimes (CR 1460). (Also known as the Palm Valley Lutheran Church Annexation Tract Two) (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: 41.09 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas .75 January 24, 2008 Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B8. Consider an ordinance regarding the application filed by Palm Valley Lutheran Church, to zone 41.09 acres to PF-3 (Public Facilities - High Intensity), located on the north side of East Palm Valley Blvd (US Hwy 79), east of North A. W. Grimes (CR 1460).(Also known as the Palm Valley Lutheran Church Tract Two) (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 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 41.09 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT PF-3 (PUBLIC FACILITIES - HIGH INTENSITY). MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: .The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9B9. Consider an ordinance regarding the application filed by Palm Valley Lutheran Church, to rezone 9.564 acres of`land from SF-2 (Single Family - Standard Lot) District to • PF-3 (Public Facilities - High Intensity), located on the north side of East Palm Valley Blvd SUS Hwy 79), east of North A. W. Grimes (CR 1460). Also known as the Palm Valley Lutheran Church Tract One) (First Reading). Jim Stendebach, Planning and Community Development Director, made the staff presentation. ORDINANCE NO. 76 January 24, 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 9.564 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT PF-3 (PUBLIC FACILITIES - HIGH INTENSITY). MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: • 10A1. Consider a resolution approving the funding of certain capital projects from the General Self-Financed Construction Fund. Cindy Demers, Finance Director, made the staff presentation. RESOLUTION NO. WHEREAS, the City Staff and the City Council have studied and assessed the needs of the City for certain capital projects, and WHEREAS, the City Council desires to prioritize and fund these needed capital projects from the Self-Financed Construction Fund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the list of capital projects along with their estimated costs as shown in Exhibit "A", attached hereto and incorporated herein, are approved for funding from the General Self-Financed Construction Fund. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember • Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None 77 January 24, 2008 ACTION: The motion carried unanimously. 10B1. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement between Owner and Architect and Supplemental Agreement No. 1 with KA Hickman Architects & Interior Designers for the design and remodel of the existing three story City Hall Building at 221 East Main Street and the two story building being purchased • at 231 East Main Street. Tom Word, Chief of Public Works, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services for the design and remodel of the City Hall Building located at 221 East Main Street and the office building located at 231 East Main Street, and WHEREAS, KA Hickman Architects & Interior Designers has submitted a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with KA Hickman Architects & Interior Designers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, and Supplemental Agreement No. 1 with KA Hickman Architects & Interior Designers for the design and remodel of the City Hall Building located at 221 East Main Street and the office building located at 231 East Main Street, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 24th day of January, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt N:< Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C1. Consider a resolution authorizing the Mayor to execute Change Order No 1 with Murphy Pipeline Contractors. Inc. for the Greenlawn Place Blue Tubing and Waterline Replacement Project. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. 'I RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Murphy Pipeline Contractors, Inc. for the Greenlawn Place Blue Tubing and Waterline Replacement 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 Murphy Pipeline Contractors, Inc. for the 78 January 24, 2008 Greenlawn Place Blue Tubing and Waterline Replacement Project, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Cedar Park and Leander Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line along Trails End Road. Michael Thane, Water/Wastewater Utilities 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 City of Cedar Park and the City of Leander Regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the City of Cedar Park and the City of Leander, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during, which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D1. Consider a resolution supporting the Brushy Creek Regional Utility Authority's application for financing to the Texas Water Development Board. Jim Nuse, City Manager made the staff presentation. RESOLUTION NO. .. .:i`.ri-c'..f`" ':r, ., "iii%�j•!:�•`s�-'�,i . 79 January 24, 2008 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has made an application for funding to the Texas Water Development Board ("TWDB") for the regional water treatment system (the "Project") for the cities of Cedar Park, Leander, and Round Rock, and WHEREAS, the Project is critical to meet the future needs of Round Rock, Cedar Park, and Leander, and WHEREAS, the City Council of Round Rock wishes to express its support for the BCRUA's application, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Round Rock City Council strongly supports the aforesaid application of the BCRUA and urges the Texas Water Development Board to approve said application. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10D2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Consuelo Gonzales for the purchase of property for the Downtown Land Acquisition • Proiect. Steve Sheets, City Attorney made the staff presentation. RESOLUTION NO. WHEREAS, the City desires to purchase approximately 5,625 square feet of land located along the southeast line of E. Liberty Avenue for the Downtown,.,Land Acquisition Project, and WHEREAS, Consuelo Gonzales, 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 Consuelo Gonzales, 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 24th day of January, 2008. MOTION: Councilmember,.lSalinas moved to approve the resolution. Councilmember • Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 80 January 24, 2008 10D3. Consider a resolution authorizing the Mayor to execute a contract with Thomas Blevins for the sale of 1.3 acres of land designated as LOT 2 BLOCK A STONE OAK AT ROUND ROCK, SECTION 6, LOT 2. Jim Nuse, City Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City is the owner of a tract of land known as Lot 2 Block "A", Stone Oak at Round Rock, Section 6, Lot 2, a subdivision in Williamson County, Texas, and WHEREAS, the City desires to sell the property and has duly published notice for bids • in a newspaper of general circulation in Williamson County to sell the property, and WHEREAS, Thomas Blevins has submitted the best bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Sale of Real Property with Thomas Blevins, for the sale of the ,above described property, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Cit Council hereby finds and declares that written notice of the date hour, Y Y , place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell • Nays: None ACTION: The motion carried unanimously. 10E1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Huggins/Seiler &Associates, L.P. for the North Mays Extension/Arterial "M" from Jeffrey Way to Old Settler's Blvd. Proiect. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the North Mays Extension/Arterial "M" from Jeffrey Way to Olds Settlers Boulevard Project, and WHEREAS, Huggins/Seiler & Associates, 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 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 a Contract for Engineering Services with Huggins/Seiler & Associates, L.P., for the North Mays Extension/Arterial "M" from Jeffrey Way to Olds Settlers Boulevard Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Clifford seconded the motion. 81 January 24, 2008 VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10E2. Consider a resolution authorizing the Mayor to execute an Annual Contract for • General Engineering Services with Huggins/Seiler &Associates, L.P. Tom Martin, Director of Transportation Services 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 24th day of January, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10E3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Capital Area Metropolitan Planning Organization for Fiscal Year 2008 Tom-Martin, Director of Transportation Services 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 Capital Area Metropolitan Planning Organization ("CAMPO") regarding the local match for the Modeling Improvements program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is' hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with CAMPO, 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 82 January 24, 2008 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. Rick Atkins, Parks and Recreation Director made the staff presentation for items 10F1, 10F2, 10F3, 10F4, 10F5, and 10F6 all together. All items are for the OSPV Sports Complex Improvements Project "B" and all are outside the initial scope of the contractor Journeyman Construction. 10F1. Consider a resolution authorizing the City Manager to issue a Purchase Order to Daktronics for scoreboards for the OSPV Sports Complex Improvements Project "B". RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase scoreboards for the OSPV Sports Complex Improvements Project "B", and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Daktronics is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Daktronics, 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 Daktronics for the purchase of scoreboards for the OSPV Sports Complex Improvements Project"B" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 10F2. Consider a resolution authorizing the City Manager to issue a Purchase Order to.USA Shade and Fabric Structures for playground shade structures for the OSPV Sports Complex Improvements Project "B". RESOLUTION NO. h - 83 January 2 , a 4 2008 WHEREAS, the City of Round Rock ("City") desires to purchase playground shade structures for the OSPV Sports Complex Improvements Project "B", and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, USA Shade and Fabric Structures is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to USA Shade and Fabric Structures, 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 • USA Shade and Fabric Structures for the purchase of playground shade structures for the OSPV Sports Complex Improvements Project "B" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10F3. Consider a resolution authorizing the City Manager to issue a Purchase Order • to MUSCO Lighting for sports lighting for the OSPV Sports Complex Improvements Project 111311. RESOLUTION NO. WHEREAS,.the City of Round Rock ("City") desires to purchase sports, lighting for the OSPV Sports Complex Improvements Project "B", and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, MUSCO Lighting is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to MUSCO Lighting, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to MUSCO Lighting for the purchase of sports lighting for the OSPV Sports Complex Improvements Project "B" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None 84 January 24, 2008 ACTION: The motion carried unanimously. 1OF4. Consider a resolution authorizing the City Manager to issue a Purchase Order to Recreation Consultants of Texas for playground equipment for the OSPV Sports Complex Improvements Project "B". RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase playground • equipment for the OSPV Sports Complex Improvements Project "B", and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Recreation Consultants of Texas is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Recreation Consultants of Texas, 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 Recreation Consultants of Texas for the purchase of playground equipment for the OSPV Sports Complex Improvements Project "B" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 1OF5. Consider a resolution authorizing the City Manager to issue a Purchase Order to The Playwell Group for bleacher shade structures for the OSPV Sports Complex Improvements Project "B". RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to purchase bleacher shade structures for the OSPV Sports Complex Improvements Project "B", and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, The Playwell Group is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to The Playwell Group, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to The Playwell Group for the purchase of bleacher shade structures for the OSPV Sports Complex Improvements Project "B" The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. 85 January 24, 2008 MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Council member_Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell • Nays: None ACTION: The motion carried. unanimously. 10F6. Consider a resolution authorizing the City Manager to issue a Purchase Order to Custom Swings of Texas for the installation of playground equipment for the OSPV Sports Complex Improvements Project "B". RESOLUTION NO. WHEREAS, the City of Round Rock ("City") desires to install playground equipment for the OSPV Sports Complex Improvements Project "B", and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Custom Swings of Texas is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Custom Swings of Texas, 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 Custom Swings of Texas for the installation of playground equipment for the OSPV Sports Complex Improvements Project "B", The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPOINTMENTS: 11A1. Consider:approving the Mayor's appointment of James Kratz as Secretary of the Round Rock Transportation System Development Corporation MOTION: Councilmember Honeycutt moved to approve the appointment. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 86 January 24, 2008 NEW BUSINESS: 12A1. Consider discussion and action on the proposals to amend the Round Rock Home Rule Charter. Steve Sheets, City Attorney made the staff presentation. He reviewed the official report from the Charter Review Commission. He then went over each recommendation MOTION: Councilmember Rhode made the motion to Charter Review Committee recommendation number that the Council adopt the alternative language provided by the City Attorney in replacement to the Review Committee's language regarding the publication requirements. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. No action was taken on the recommendation to amend the Charter to require the City Manager to place an item on the Council's agenda to review the Council's compensation. MOTION: Councilmember Honeycutt made the motion to accept the recommended language as set forth by the City Attorney to amend the Charter in regards to the Charter • Review Commission's written report. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:02 p.m. Respectfully Submitted, <�*�- tk�- Sara L. White, City Secretary • 87 The Round Rock City Council met in Special Called Work Session on Thursday, February 7, 2008 at the United Heritage Center, Round Rock Room, 3400 Palm Valley Boulevard. CALL WORK SESSION TO ORDER - 7:35 A.M. ROLL CALL: Those members present were Mayor Nyle Maxwell, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, Councilmember Scott Rhode and Councilmember Kris Whitfield. • Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. Other directors that were present were Finance Director Cindy Demers, Planning Director Jim Stendebach, Chief of Public Works Operations Tom Word, Chief of Police Bryan Williams, Fire Chief Larry Hodge, Parks and Recreation Director Rick Atkins, Chief of Police Bryan Williams, Transportation Director Tom Martin, City Engineer Danny Halden, Library Director Dale Ricklefs, Human Resources Director Teresa Bledsoe, Communications Director Will Hampton, Water/ Wastewater Director Michael Thane, and Jill Goodman, Executive Assistant to the City Council. WORK SESSION: 3.A. Consider opening remarks by the City Manager. Jim Nuse, City Manager gave a brief overview of the agenda and the presentations that will be made to the Council. • 3.B. Consider a presentation and discussion regarding the following topics: 1. Ongoing Strategic Planning Cindy Demers gave an overview of the strategic plan update that is currently underway, the timeline for completing the update and also did a brief overview of the entire presentation. Bryan Williams then gave presented on departmental strategic plans and what departments currently have strategic plans. He emphasized that the City needs to connect departmental planning initiatives with our City Strategic Plan. Will Hampton then covered the City's leadership philosophy and values. Teresa Bledsoe covered the labor force of the City and what the demographics of the City look like regarding those employees eligible to retire within the next five years. She also addressed the issues that affect the City and how the strategic plan update must provide mechanism to: • Attract new workers • Attract older skilled workers • Retain young workers Energize and prolong careers In conclusion, the City must develop more vigorous recruitment and retention policies and practices to address the aging workforce and increased competition for skilled workers. It was noted that it is critical that greater attention be paid to having a public sector workforce that can effectively provide public services to the citizens. 88 2. Budget & Economic Outlook Cindy Demers covered the economic outlook for fiscal year_2008-2009. She also covered property tax revenue in depth and how it impacts the City's finances. Ms. Demers then covered sales tax numbers and the percentage change over the years with and without Dell. She then covered the City's fiscal management policy and plans to reduce Dell's percentage of sales tax for operations. Significant expenditure issues that finance is looking at: • Texas Municipal Retirement System • • Fire Truck Replacement Program • Absorbing full year impact of 2008 new programs • Seal Coat Ms. Demers then gave an overview of the Utility fund and covered some utility issues impact the City: • Reserve Water Costs • LCRA/BRA Wastewater Costs • Regional Water Partnership • Debt Issuance • Water Conservation Rates David Kautz, Assistant City Manager made a few comments on the City's budget and the economic outlook. After Mr. Kautz's comments, Cindy Demers then reviewed the Popular Report (for the month Ending December 2007) with the Mayor and Council. 3. Procurement Changes Cindy Demers introduced the presentation and briefed the Council that this is a high level overview of the purchasing department of the City. Randy Barker made the staff presentation. He reviewed the current methods of procurement utilized which is broken down to "General Procurement" and "Formal Solicitations." He explained to the Council that the City does not do a "low bid" award but uses the "best value evaluation criteria" which scores bids on the following items: • Price • Long-term cost to the City • Reputation of bidder • Quality of goods or services • Meets the City's needs • Past relationship with the City Mr. Barker then went over some procurement changes made due to legislative changes. The next element covered was the HUB (Historically Underutilized Businesses) Inclusion Process. He covered the City's policy to use the State of Texas CMBL list and require that users contact all HUB's listed by commodity code and in Travis and Williamson Counties. Mr. Barker covered recent legislative changes effective September 1, 2007. <,l : 89 Senate Bill 1765 raised the bid limit for annual purchases requiring formal solicitation from $25,000 to $50,000. House Bill 3517 permits the use of Competitive Sealed Proposal for all formal solicitations. Lastly, Mr. Barker covered the City's external education and communication policies and how the City of Round Rock communicates to vendors. 4. Friendly Rock Cindy Demers gave the Council an update on including a Friendly Rock program donation on their monthly utility bill. She showed the Council an example of the current bill • and a revised bill that would include a donation to the program. Council requested to make sure an "opt-out" option'on the bill for those citizens who choose not to participate. Council also discussed the amount of donation to include on the bill. 5. AW Grimes/1460 Funding Jim Nuse outlined the item and gave a brief over of the project and the funding sources. Tom Word outlined the project and informed the council on what areas of FM 1460/AW Grimes are included. He explained that the road would look similar to US Hwy 79 with a divided highway from just north of University to just north of Old Settlers Blvd. From Old Settlers Blvd to Hwy 79 would be like a city street with a continuous turn lane and curb and gutter. Mr. Word then moved on to the City's plan to complete the design of the road as well as the funding issues due to TxDOT removing all funding. Staff and Council also discussed who would be responsible for the maintenance of the road when finished and • some possible other funding options. 6. Downtown Plan Will Hampton made the staff presentation and started with background on the Downtown development plan. Mr. Hampton then reviewed and highlighted the Draft Scoping Report that staff received on December 21. Mr. Hampton went on to review the following items: • Vision • Plan Elements • Planning Scope • Timeline 7. Future Policy Center Tom Word made the staff presentation. He gave a brief overview and history of the • project and then highlighted the following items: • Functional Relationships • City Hall as a Policy Center • Located at the current municipal complex • Current proposal - Create 25,000 sq. ft City Hall Policy center for $7,845,000 and purchase building at 231 E. Main Street for City Hall Functions for $4,000,000. • Selection Process Schedule 90 • Design Team Finalists - Three firms with City Council interview of the finalists on February 14, 2008 with Council selection on February 28, 2008. • Projected Project Timeline - Design April 2008 to April 2009 and Construction June 2009 to November 2010. 8. Contracts for Services with Social Service Organizations and Co-location of Social Service Organizations This item was split into two topics and the Co-location of Social Service Organizations was covered first followed by Contracts for Services with Social Service 0 Organizations. Jim Stendebach covered the proposed ballfield site and what is currently being done and planned for the site. He also covered what the sites are currently zoned. Cindy Demers reviewed the Outside Services Funding Types/Sources as follows: • Williamson County & Cities Health District • Social Service Agencies • Specialized Transit Services • Community Development Block Grant - • Museum/Performing Arts Ms. Demers also reported on the Social Service Funding Process Committee and their functions. She gave an update on Committee and reported on what they have recently discussed. She also reported on the FY2008 Philosophy and Guidelines. They are as follows: • • Municipal Public Purpose • Focus on agencies that provided the most impact to Round Rock citizens in need • Increased available General Fund budget by 3.3% Steve Sheets went over requirements by the Texas Constitution and legislature regarding Social Service funding. Mr. Sheets then went over how City of Round Rock resolutions and contracts with Social Service Agencies have very specific language to ensure that all requirements, legislative and constitutional are met. After discussion, Ms. Demers went over what other Texas cities' policies are for funding Social Service Agencies. 9. HOT Funding for Arts Councilmember Honeycutt gave a brief overview of funding for Arts and some proposed changes. 10. Environmental Stewardship Michael Thane, outlined what environmental stewardship is and gave a brief overview of existing programs. Michael then introduced guest speakers from Dell, Round Rock Independent School District and Capital Area Council of Governments. Jeff Krech, Manager of Business Processes and Energy Programs at Dell went over their Global Climate Change Strategy for 2008 - 2012, what their plans are and what they are doing now. Ed 9�1 Sevcik, Director of Construction and Facilities with the Round Rock Independent School District gave an overview of the following items: • Energy Efficiency Measures • Future Cost Avoidance and Energy Efficiency Goals • Recycling Program Efforts Bill Gill with the Capital Area Council of Governments (CAPCOG) Air Quality Program spoke on Air Quality Improvement Planning for the Region. He,gave a brief overview of the • TCEQ Grant funded air quality activities. Mr. Gill highlighted the current air quality status as well. Michael Thane went over a list of voluntary Early Action Compact (EAC) measures taking place in the City of Round Rock. He also went over all of the current recycling services available in Round Rock. The current revenue generated from Drop-Off Recycle Center on Deepwood Drive in 2006-2007 was $54,363.63. Michael Thane gave a brief overview of the curb side recycling program. He reported that out of 30,000 households, only 20% or less participated in the program. 11.Conservation Water Rates Michael Thane went over the purpose of conservation water rates and who will be impacted. The purpose of this program is to try and shrink the difference between peak use and average use. Mr. Thane covered the proposed rate increases for residential customers and then also for commercial customers. Lastly, he covered the proposed implementation • schedule for the new conservation rates. 12.Special Event Center Proposals David Kautz made a brief overview of the history of the plan for a special events center. David also reviewed a report by Economic Research Associates during the background explanation. Reid Ryan then presented their plan for a Special Events Center located next to the Dell Diamond and expressed to the Council why Round Rock Baseball thinks they will deliver the best value for the City. They feel that this plan is just an extension of what is already offered at the Dell Diamond/Round Rock Convention Center. They see this facility as a good way to get a lot of people to Round Rock from out of town. David Kautz provided a financial summary in conclusion and went over different funding options for the planned special events center. Adjournment: • There being no further business, the meeting adjourned at 3:56 p.m. Respectfully Submitted, 21 a/t' - dkft Sara L. White, City Secretary 92 February 14, 2008 The Round Rock City Council met in a Special Called Work Session on Thursday, February 14, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 3:00 P.M. Mayor Maxwell called the session to order at 3:03 p.m. ROLL CALL: Those members present were Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and Councilmember Kris • Whitfield. Also present were City Manager Jim Nuse and Assistant City Manager David Kautz. Councilmember Scott Rhode was absent from this meeting. City Manager, Jim Nuse made a brief introduction on the format of the work session. Each presenter will have 30 minutes for their presentation and then 15 minutes of questions and answers. PRESENTATIONS: 3A. Consider interviewing representatives of HKS Architects, Inc. regarding its experience, qualifications, and vision for the design of the new City Hall Policy Center. This architect firm is out of Dallas. Kevin Bailey, Dennis Agren, Chris Hylton and Travis Sheets were present representing the firm. Kevin Bailey started the presentation for HKS Architects. Mr. Bailey went through some background information of the firm and showed the Council some of the relevant projects that the firm has worked on. Dennis Agren then • went over the design management of the project. Chris Hylton, Design Director went over the way the firm designs buildings and specifically the City Hall Policy Center. Mr. Hylton then showed the Council some concept sketches of their vision for the Policy Center. Mr. Bailey concluded the presentation. The question and answer portion of the program began and the firm answered questions posed by Council members. 3B. Consider interviewing representatives of Architecture Plus and Barnes Gromatzky Korsarek Architects regarding their experience, qualifications, and vision for the design of the new City Hall Policy Center. Mac Ragsdale began the presentation by introducing the entire team and reviewed some of the credentials of Architecture Plus as well as the entire team. He then turned the presentation over to Betty Trent who went over the programming portion of the project. Jay Barnes continued with the presentation and covered the design portion of the project. He provided the Council with his firm's credentials within the City of Round Rock. Mr. Barnes reviewed the process that the firm • goes through in designing_a building, specifically one in Round Rock. He shared with the Council some visions that the team feels the building should represent. Tom Korsarek continued with the presentation and showed the Council specific examples of public building work in the Austin area. He then reviewed the City Of Round Rock site and their vision for the site and shared concept sketches with the Council. Mac Ragsdale concluded the 93 February 14, 2008 presentation by covering the team's Principal Involvement, Local Presence, Prior Working Relationship, Size of Firm & Projects, Innovative &Avvard-vvinn|ng Design, and Rewarding Process & Sharad Vision. He then turned |tover to the Council and answered any questions posed by the Council. 3C. Consider interviewing rewesentatives of KA Hickman Architects and Perkins + Will regarding their experience, gualifications, and vision for the design of the new City Hall Policy Center. Keith Hickman started the presentation. He started by covering vvhx kA Hickman and Perkins f Will are the best team. KA Hickman is the Architect firm and Perkins f Will is the Design Firm. Phil Callison from Perkins + Will covered the credentials ofPerkins + Will. Mr. Hickman then covered the members ofproject,team. Jerry Johnson from Perkins f Will introduced himself and stated that he would be the lead designer on the � project. Mr. Callison touched on the process of the project from start to finish and then moved on to trends and issues that innpacttha project. Mr. Callison went on to cover some oftheir visions for the project. Mr. Johnson continued with the presentation by covering some of the design opportunities available for the Policy Center building. Hashowed the Council several different schemes of designs. Mr. Hickman concluded the presentation by � reiterating why they are the best team for the project. He shared some comments from some of their civic clients. He than turned it over to the Council to answer any questions they may have. ` There being no further business, the meeting adjourned at 5:44 p.m. Respectfully Submitted, an,xt - Sana L. White, City Secretary /.' p 94 February 14, 2008 The Round Rock City Council met in Regular Session on Thursday, February 14, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:03 p.m. ROLL CALL: Those members present were Mayor Maxwell, Councilmember Rufus Honeycutt, Councilmember Joe Clifford, Councilmember Carlos T. Salinas, and • Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. Councilmember Scott Rhode was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: Alicia Carlile, 2612 Sinclair Street, Chairman of the Daffodil Festival spoke on the 13th Annual Daffodil Festival. Ron Buffum, Board President and Victoria Lippman, Executive Director of the Round Rock Volunteer Center made a special presentation the Mayor and entire Maxwell family for their volunteer work and recognized them as a sponsor family for the Family Volunteer Day 2007. PROCLAMATIONS: • 5A. Consider proclaiming February as "Black History Month." .Mayor Maxwell read the following proclamation and presented it to Debbie Bruce Julke, Dr. Kathryn Chilton, Corma Collins, and Jesse Carson. WHEREAS, much of the City of Round Rock's honor, strength and stature can be attributed to the diversity of cultures and traditions that are celebrated by the residents of this great region; and WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm the importance of Black History throughout our American experience, which goes back thousands of years and includes some of the greatest, most advanced and innovative societies in our history that we can all draw inspiration from; and WHEREAS, Black History Month is a time for all Americans to remember the stories and teachings of those who helped build our nation, took a stance against prejudice to build lives of dignity and opportunity, and advanced the cause of civil rights; and WHEREAS, the Black Voice of Round Rock, is a group of education, business and community professionals organized to carry out programs for educational enhancement, economic empowerment and civic involvement among African-Americans, other minority groups and disadvantaged persons; and WHEREAS, the Black Voice of Round Rock will host a Black History Month celebration at 4:00 p.m. Saturday, February 23 at the Round Rock Independent School • District's Performing Arts Center, 5800 McNeil Drive, with the theme: "Retracing our Past as we Head in the Future." NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock do proclaim the month of February 2008 as "BLACK HISTORY MONTH" in the City of Round Rock and encourage all citizens to join me in recognizing Black History Month and urge everyone to participate in the Black Voice of Round Rock's celebration at the Performing Arts Center. PROCLAIMED this 14th day of February 2008. 1 f � 95 February 14, 2008 APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes for January 24 2008 MOTION: Councilmember Honeycutt moved to approve the minutes as submitted. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford • Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. PRESENTATIONS: 7A1. Consider a presentation by Police Chief Williams regarding Homeland Security grant funding. Chief Williams made the staff presentation. He addressed the placement of Round Rock / Austin area being placed on the Homeland Security watch list. This designation makes the City eligible to participate in the grants available. Chief Williams highlighted the three priorities and objectives of the grant program. Applications for grant funding must be completed and turned back in by May 1, 2008. There is $782 Million available in the initiative. There are several requirements that the City must meet in order to be eligible to participate. • ORDINANCES: 8A1. Consider an ordinance changing the date of the March 13, 2008 City Council meeting to March 6, 2008. (First Reading) Sara White, City Secretary made the staff presentation. AN ORDINANCE RESCHEDULING THE FIRST REGULAR MEETING OF THE ROUND ROCK CITY COUNCIL FOR THE MONTH OF MARCH, 2008; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. • MOTION: Councilmember Whitfield moved to dispense with the second reading of the ordinance. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode 96 February 14, 2008 ACTION: The motion carried unanimously. 8A2. Consider an ordinance calling the May 10, 2008 City Election for Mayor Council Place 1, Council Place 2, Council Place 4, and for three propositions for Charter Amendments. (First Reading) AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION ON MAY 10, 2008 FOR THE PURPOSE OF ELECTING CERTAIN CITY OFFICIALS AND FOR SUBMITTING TO THE VOTERS CERTAIN PROPOSED AMENDMENTS TO THE HOME RULE • CHARTER OF THE CITY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; AND PROVIDING FOR OTHER MATTERS RELATING TO SUCH CITY ELECTION. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford • Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 8B1. Consider an ordinance prohibiting through trucks on Falcon Drive from Wyoming Springs Dr. to Oakwood Blvd; on Oakwood Blvd. from RM 620 to Falcon'Dr. (Second Reading) MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt -Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. • 8B2. Consider an ordinance prohibiting through commercial trucks on Oaklands Drive from RM 620 to Falcon Drive (First Reading)(Reauires Two Readings) AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON OAKLANDS DRIVE FROM RM 620 TO FALCON DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. February r 14. 209708 ;. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 9A1. Consider a resolution authorizing the Mayor to approve a construction contract with Murphy Pipeline Contractors, Inc. for the Greenlawn Boulevard 12-inch Waterline Replacement Proiect. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Greenlawn Boulevard 12-inch Waterline Replacement Project, and WHEREAS, while only one bid was received from Murphy Pipeline Contractors, Inc., the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Murphy Pipeline Contractors, 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 Murphy Pipeline Contractors, Inc. for the Greenlawn Boulevard 12-inch Waterline Replacement Project. The City Council hereby finds and declares that written notice of the date, hour, • place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9A2. Consider a resolution authorizing the Mayor to execute a construction contract with Garney Companies, Inc. for the Raw Water Delivery System - Line Improvements Proiect. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Raw Water Delivery System - Line Improvements Project, and WHEREAS, Garney Companies, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Garney Companies, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, no February 14, 2008 That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Garney Companies, Inc. for the Raw Water Delivery System - Line Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. • Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9B1. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement with the Counties of Williamson, Travis, Bastrop, Caldwell and Hays the Cities of Austin, Bastrop, Elgin, Lockhart, Luling, and San Marcos, the Texas Commission on Environmental Quality and the Environmental Protection Agency regarding the 8-hour Ozone Flex Plan agreement. Alan McGraw, the City's representative to the Clean Air Coalition and gave a brief presentation to the Council regarding the Memorandum of Agreement for the 8- • Hour Ozone Flex Program. John Dean, Transportation Planner made the staff presentation. The City has previously entered into several agreements to help reduce ozone in the City, the first being in November of 2001 and the second in December of 2002. The most recent agreement (Early Action Compact) expired on December 31, 2007. 8-Hour Ozone Flex Program continues the efforts of the City to reduce ozone contamination in the City of Round Rock. RESOLUTION NO. WHEREAS, the local governments within the Austin/Round Rock Metropolitan Statistical Area, including the geographical counties of Bastrop, Caldwell, Hays, Travis and Williamson, recognize that they have periodically monitored high ozone values close to exceeding the 8-hour National Ambient Air Quality Standards (NAAQS) for ozone, and may therefore be subject to nonattainment designation by the Environmental Protection Agency (EPA) if high ozone values are monitored in the future; and WHEREAS, it is the City of Round Rock's understanding that long-term air quality will not improve without a concerted emission-reduction effort; and WHEREAS, EPA and the Texas Commission on Environmental Quality (TCEQ) have approved the Guidance for 8-hour Ozone Flex Programs to support and reward innovative, • voluntary, local strategies to reduce ground-level ozone, thereby improving air quality and helping areas maintain attainment; and WHEREAS, the Austin-Round Rock region is currently designated in attainment of the 8-hour ozone NAAQS and 8-hour Ozone Flex Program (8-03 Flex) Guidance Document allows a region to enter into an 8-03 Flex Program prior to monitoring ozone in violation of the NAAQS; and WHEREAS, the 8-03 Flex Program is an Interlocal Memorandum of Agreement (MOA) which will continue local clean air plan commitments undertaken in the Early Action Compact and include additional commitments to maintain compliance with the ozone NAAQS through 2013; and February 14, 2008 WHEREAS, should the region fail to meet any 8-03 Flex terms or milestones, resulting in termination of the agreement, safeguards allow emission reduction credit to be given for measures implemented under the Program if the area is subsequently designated nonattainment and is required to develop a nonattainment State Implementation Plan; and WHEREAS, such an agreement would achieve and maintain air quality and public health benefits more quickly than delaying action until a possible nonattainment designation is made in the future; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, The Mayor is authorized to negotiate and execute an Interlocal Memorandum of Agreement for entry into a voluntary 8-hour Ozone Flex Program with other entities in the 5-county Austin/Round Rock Metropolitan Statistical Area and the EPA and TCEQ to facilitate continued compliance with the 8-hour ozone standard through 2013. BE IT FURTHER RESOLVED The Mayor is authorized to evaluate air pollution control priorities and strategies appropriate to the City/County and the region, and to undertake public involvement and outreach efforts to promote the 8-hour Ozone Flex Program and increase citizen awareness of air quality issues. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9B2. Consider a resolution authorizing the Mayor to execute a License Agreement with CCG Systems, Inc. for the purchase of fleet maintenance software. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City has a need for technical services for the purchase, installation, and support of fleet maintenance software, and WHEREAS, CCG Systems, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with CCG Systems, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Software License Agreement with CCG Systems, Inc. for the for the purchase, installation, and support of fleet maintenance software, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby„finds and declares that written notice of the date, hour, place and subject of the meeting-'at which this Resolution was adopted was posted and that • such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford 100 February 14, 2008 Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9B3. Consider a resolution authorizing the Mayor to execute a Planning Services Agreement with The Goodman Corporation to develop and implement a Peak Hour Express Transit Service between Round Rock and the Capital Metropolitan Transit Authority service • area. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional planning services for the development and implementation of a Peak Hour Express Transit Service between Round Rock and the Capital Metropolitan Transit Authority (CTMA) service area, and WHEREAS, The Goodman Corporation has submitted an Agreement 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 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 14th day of February, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9C1. Consider a resolution authorizing the Mayor to execute an Election Services Contract with the Williamson County Elections Administrator for the May 10, 2008 City 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 10, 2008 election, and WHEREAS, the Williamson County Elections Administrator has submitted a proposed Election Services Contract ("Contract"), and WHEREAS, the City Council desires to enter into said Contract, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Election Services Contract with the Williamson County Elections Administrator to conduct the May 10, 2008 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. 10:1 February 14, 2008 RESOLVED this 14th day of February, 2008. MOTION: Councilmember Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9C2. Consider a resolution authorizing the Mayor to execute a Joint Election Agreement with the Williamson County Participating Entities for the May 10, 2008 Election. David Kautz, Assistant City Manager 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.10, 2008; and WHEREAS, other political subdivisions within the County have contracted or are contracting with Williamson County to conduct and provide election services on May 10, 2008; and WHEREAS, pursuant to Section 271.002, Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and WHEREAS, the City of Round Rock wishes to enter into a Joint Election Agreement for the purpose of sharing election equipment, election officials, and sharing precinct polling • locations, and election ballots where appropriate; and WHEREAS, the City Council desires to enter into a Joint Election Agreement with the Williamson County Participating Entities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Joint Election Agreement with the Williamson County Participating Entities, a copy of said agreement being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of.,:the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None • Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9C3. Consider a resolution authorizing the City Manager to issue a purchase order to Daktronics for a scoreboard at the Dell Diamond/Heritage Convention Center Com?lex. David Kautz, made the staff presentation. RESOLUTION NO. 102 February 14, 2008 WHEREAS, Round Rock Baseball has offered to contribute $407,934.00 to the City for the purpose of purchasing a new scoreboard for Dell Diamond and a two-year extension of the lease agreement, and WHEREAS, the City of Round Rock ("City") desires to purchase said scoreboard for the Dell Diamond and to extend the lease agreement, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Daktronics is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Daktronics, 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 • Daktronics for the purchase of a scoreboard for the Dell Diamond. The City Council hereby finds and declares that written notice of the date hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9C4. Consider a resolution approving an amendment to the Convention Center Lease Agreement to extend the lease term by two years. David Kautz, Assistant City • Attorney made the staff presentation. RESOLUTION NO. WHEREAS, on January 20, 1999, the City and Ryan Sanders Ryan, Inc. ("RSR") entered into that one certain Convention Center Complex Lease Agreement ("Agreement"), and WHEREAS, on March 29, 1999, RSR assigned its'interest in and to the Lease to Round Rock Baseball, Inc. ("RRB"), and WHEREAS, on October 14, 1999, the City and RRB entered into that one certain First Amendment to the Agreement, and WHEREAS, Round Rock Baseball has agreed to contribute $407,934.00 to the City in consideration for the City's purchase of a new scoreboard and a two-year extension of the Agreement, and WHEREAS, the City Council now wishes to amend and revise the aforesaid Agreement to extend the lease term, and BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Second Amendment to the Convention Center Complex Lease Agreement, 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 14th day of February, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford 103 February 14, 2008 Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 9C5. Consider a resolution authorizing the Mayor to execute a Contract for Sale with Christian Noel Marsh for the purchase of the office building located at 231 East Main Street. David Kautz, Assistant City Manager, made the staff presentation. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.279 acre tract of land and improvements located at 231 E. Main for City offices, and WHEREAS, Christian Noel Marsh, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Sale with Christian Noel Marsh, for the purchase of the above described property, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of February, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford Councilmember Salinas > Councilmember Whitfield ` Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPOINTMENTS: 10A1. Consider the Council's appointment of the Mayor Pro-tem. Councilmember Whitfield nominated Joe Clifford to be appointment Mayor Pro-Tem. MOTION: Councilmember Honeycutt moved to approve the appointment of Councilmember Joe Clifford as Mayor Pro-Tem. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Clifford • Councilmember Salinas Councilmember Whitfield Mayor Maxwell Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. EXECUTIVE SESSION: 104 February 14, 2008 11A1. Consider Executive Session as authorized by X551.071 Government Code, related to pending litigation, to wit: City of Round Rock vs. Donald Holder, Cause No. 05- 0720-CC3, County Court at Law No. 3 of Williamson County, Texas. 11A2. Consider Executive Session as authorized by 8551.071 Government Code, to consult with the City Attorney on a matter in which the duty of the City Attorney to the Council clearly conflicts with the Open Meetings Act. ACTION RELATIVE TO EXECUTIVE SESSION: 12A1. Consider discussion and/or possible action related to City of Round Rock vs. Donald Holder, Cause No. 05-0720-CC3, County Court at Law No. 3 of Williamson County, Texas. Steve Sheets, City Attorney made the staff presentation. MOTION: Councilmember Whitfield moved to approve the settlement offer made by Mr. Holder in the amount of$132,500. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Councilmember Rhode Mayor Maxwell ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:09 p.m. • Respectfully Submitted, ?a4v . 4�/� Sara L. White, City Secretary • 105 February 28, 2008 The Round Rock City Council met in Regular Session on Thursday, February 28, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:10 p.m. ROLL CALL: Those members present were Mayor Maxwell, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember Carlos T. Salinas, Councilmember Scott Rhode. Also present were City Manager Jim Nuse, Assistant City Manager David Kautz and City Attorney Steve Sheets. Councilmember Kris Whitfield was absent from the meeting. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: Alicia Carlile, 2612 Sinclair Street, Chairman of the Daffodil Festival spoke on the 13th Annual Daffodil Festival. Sharon Prete, spoke on the People & Parks "Giving Circle through the Greater Round • Rock Community Foundation. Jonathon Taylor addressed the Council on seeking help to fund a trip to the Amazon rainforest with Global Explorers, a nonprofit organization that organizes educational "international immersion" trips for students with disabilities. PROCLAMATIONS: 5A. Consider proclaiming March 1, 2008 as the 13th Annual Daffodil Festival. Mayor Maxwell read the following proclamation and presented it to Alicia Carlile. 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 13th Annual Daffodil Festival; and WHEREAS, the Daffodil Festival will have entertainment, games, shopping, foods, arts and crafts, an auction and raffle for everyone of all ages; and • NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim March 1, 2008 as the "13th ANNUAL DAFFODIL FESTIVAL" in the City of Round Rock and urge everyone to come out to the Allen R. Baca Center on March 1 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 28th day of February 2008. CONSENT AGENDA: 106 February 28, 2008 The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7A. Consider approval of the City Council minutes for February 7, 2008 Council Retreat, February 14, 2008 Special Called Work Session and February 14, 2008 Regular Session. • *10131. Consider an ordinance prohibiting through commercial trucks on Oaklands Drive from RM 620 to Falcon Drive. (Second Reading) *11C1. Consider a resolution authorizing the City Manager to issue a purchase order to Southwest Solutions Group for additional shelving systems for the new Police Department headquarters building. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. APPROVAL OF MINUTES: • *7A. Consider approval of the City Council minutes for February 7, 2008 Council Retreat, February 14, 2008 Special Called Work Session and February 14, 2008 Regular Session. This item was approved under the consent agenda. PRESENTATIONS: 8A1. Consider a presentation regarding receipt of the GFOA awards for the Comprehensive Annual Financial Report and the Operating Budget. David Kautz, Assistant City Manager made the staff presentation on award received by the City of Round Rock Financial Department. Less than 5% of governmental entities in the US receive this type of award. This award marks the 21St year in a row that the annual financial report has received this award and the 14th year in a row for the budget. 861. Consider a presentation regarding the possible annexation of Round Rock • Glen. Jim Stendebach, Planning and Community .Development Director made the staff presentation on the area that is a `donut hole" surrounded by the city on all sides. 862. Consider a presentation regarding Multi-Family development in the City. Jim Stendebach made the staff presentation. PUBLIC HEARINGS: 107 February 28, 2008 9A1. Consider public testimony regarding an application filed by Vista 620 Partners. LLC to rezone 8.457 acres of land located at the northeast corner of the intersection of RM 620 and Oaklands Dr. from General Commercial (C-1) zoning district to Planned Unit Development (PUD) No. 79 zoning district. Jim Stendebach made the staff presentation and gave background to the Council on the PUD. Mayor Maxwell opened the public hearing. There being no further testimony, the public hearing was closed. ORDINANCES: 10A1. Consider an ordinance re-adopting guidelines and criteria governing reinvestment zones and tax abatement agreements within the city limits or extraterritorial jurisdiction of the City of Round Rock. (First Reading) David Kautz made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.704, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS TO AMEND AND RE-ADOPT GUIDELINES AND CRITERIA GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS WITHIN THE CITY LIMITS OR EXTRATERRITORIAL JURISDICTION OF ROUND ROCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Mayor Pro-Tem . Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. • *10B1.Consider an ordinance prohibiting through commercial trucks on Oaklands Drive from RM 620 to Falcon Drive. (Second Reading). This item was approved under the Consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON OAKLANDS DRIVE FROM RM 620 TO FALCON DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. .1.08 February 28, 2008 10C1. Consider an ordinance rezoning 8.457 acres of land located at the northwest corner of the intersection of RM 620 and Oaklands Dr. from General Commercial (C-1) zoning district to Planned Unit Development (PUD) No. 79 zoning district. (First Reading). Jim Stendebach 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 8.457 ACRES OF LAND, OUT OF THE J. M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 79. MOTION: Councilmember Clifford moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode_ Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. MOTION: Mayor Pro-Tem Salinas moved to dispense with the second reading of the ordinance. Councilmember Rhode seconded the motion. VOTE. Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10C2. Consider an ordinance annexing 3.7638 acres of A. W. Grimes right-of-way located between the approximate centerline of Brushy Creek and the approximate centerline of Lake Creek. (First Reading). Jim Stendebach made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 3.7638 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; • PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode s 109 February 28, 2008 Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10D1. Consider an ordinance amending authorized assignment pay and the amount associated with the specific assignment pay in the Round Rock Fire Department. (First Reading) Chief Hodge made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1002.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND ASSIGNMENT PAY FOR FIREFIGHTERS WHO PERFORM SPECIALIZED FUNCTIONS WITHIN THE FIRE DEPARTMENT; SETTING AMOUNTS AND CONDITIONS FOR SUCH ASSIGNMENT PAY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Y Absent: Councilmember Whitfield ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 10D2. Consider an ordinance amending Chapter 3, Section 3.105 of the Round Rock • Code of Ordinances regarding construction permit and inspection fees. (First Reading), (Requires Two Readings). Billy Wusterhausen, Fire Marshal made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING PERMIT FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 110 February 28, 2008 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays:y None Absent: Councilmember Whitfield • ACTION: The motion carried unanimously. 10D3. Consider an ordinance amending Sections 5.502, 5.604 and 8.501 of the Round Rock Code of Ordinances regarding Fire Department permit fees (First Reading) (Requires Two Readings). Billy Wusterhausen, made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 5.502, 5.603, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADDING CERTAIN PERMIT FEES; 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 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell • Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding with Williamson County regarding radio template installation on County's consoles. Chief Hodge made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") and Williamson County ("County") have identified a need, in certain emergency contingencies, for City's telecommunications operators to use County's communications consoles as a backup, and WHEREAS, the City and County agree that in order to meet this need, it is necessary to place folders containing City's Fire Department radio templates and City's Police Department radio templates on County's dispatch radio consoles, and WHEREAS, the City and County wish to enter into a Memorandum of Understanding outlining their mutual intent and understanding in the use of the County's communications consoles, Now Therefore BE IT RESOLVED BY THE 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 Williamson County, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2008. 1;141 February 28, 2008 MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None • Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11B1. Consider a resolution authorizing the Mayor to execute a Wastewater Service Billing Agreement with the Round Rock Higher Education Center. Michael Thane made the staff presentation. RESOLUTION NO. WHEREAS, Texas State University-San Marcos Round Rock Higher Education Center ("HEC") is currently receiving wastewater services from the City of Round Rock ("City") and is billed for such services utilizing the winter average, and WHEREAS, the City Council wishes to enter into a Wastewater Service Billing Agreement with HEC to provide for new and different terms to govern the charges due for wastewater service provided by 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 said Agreement with HEC, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted • upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. *11C1.Consider a resolution authorizing the City Manager to issue a purchase order to Southwest Solutions Group for additional shelving systems for the new Police Department headguarters building. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock ("City") desires to purchase additional shelving systems for the new Police Department headquarters building, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Southwest Solutions Group is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order in the amount of $19,453.56 to Southwest Solutions Group, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Southwest Solutions Group for the purchase of additional shelving systems for the new Police Department headquarters building. The City Council hereby finds and declares that written notice of the date, hour, 112 February 28, 2008 place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2008. 1.1D1. Consider a resolution authorizing the Mayor to execute an agreement for the temporary closure of the right westbound lane of US 79 with the Texas Department of Transportation for the 5t" Annual Texas Road Rash Inline Skating Marathon Rick Atkins • 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 closed on Sunday, April 6, 2008 from 5:30 o'clock a.m. to 1:00 o'clock p.m. for the Texas Road Rash Inline Skating Marathon ("Event"), and WHEREAS, the City Council has determined that the Event will serve a legitimate public purpose, and WHEREAS, City Council wishes to enter into an Agreement for the Temporary Closure of State Right-of-Way with TxDOT authorizing the closure of US 79 as set forth above, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Texas Road Rash Inline Skating Marathon will serve a legitimate public purpose, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Temporary Closure of State Right-of-Way with the Texas Department of • 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 28th day of February, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11D2. Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding with Round Rock ISD regarding the West Side Recreation Center Proiect • This item was withdrawn from the agenda per the request of staff. 11E1. Consider a resolution authorizing the City Manager to issue a purchase order for data network equipment and installation from INX Inc. Brian Finger made the staff presentation. RESOLUTION NO. 113 February 28, 2008 WHEREAS, the City of Round Rock ("City") desires to purchase data network equipment and installation for the City Wide Fiber Ring Buildout Project, and WHEREAS, the City is a member of the State Department of Information Resources ("DIR"), and WHEREAS, INX Inc. ("INX") is an approved vendor of the DIR, and WHEREAS, the City wishes to issue a purchase order in the amount of $60,616.40 to INX, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to INX for data network equipment and installation for the City Wide Fiber Ring Buildout Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. 11E2. Consider a resolution authorizing the City's participation with Envision Central Texas in the amount of $10,000. Jim Nuse and Jim Stendebach made the staff • presentation. , RESOLUTION NO. WHEREAS, Envision Central Texas is a non-profit organization that is a regional planning effort studying, educating and advocating for effective strategies to accommodate future growth in Central Texas as it relates to the environment, land use, transportation and communities, and WHEREAS, the City of Round Rock wishes to join other Central Texas governmental entities in participating in Envision Central Texas, and WHEREAS, the City Council wishes to contribute $10,000 to participate in Envision Central Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the contribution of $10,000 to participate in Envision Central Texas. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. • Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember Salinas Mayor Maxwell Nays: Mayor Pro-Tem Clifford Councilmember Rhode Absent: Councilmember Whitfield ACTION: The motion failed with a vote of 3 ayes and 2 nays. 114 February 28, 2008 11E3. Consider a resolution determining the current-rates of the Atmos Energy Corporation. David Kautz made the staff presentation. Jim Boyle, Attorney for the ATM cities also presented the Council with background on the item. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS DETERMINING THE CURRENT RATES OF THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE UNJUST AND UNREASONABLE; PROVIDING FOR A REASONABLE NOTICE AND HEARING; FINDING THAT • THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Atmos Energy Corporation - Mid-Tex Division ("Atmos") filed a Statement of Intent with the City of Round Rock, Texas ("City") on September 20, 2007 to increase its system-wide, annual revenue requirement, by approximately $51.9 million; and WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original jurisdiction over Atmos' rates, operations, and services of a gas utility within the municipality; and WHEREAS, the City has, by previous ordinance or resolution, denied the requested rate increase, authorized participation in a coalition of cities known as Atmos Texas Municipalities ("ATM") and authorized the hiring of lawyers and rate experts; and WHEREAS, Atmos has appealed the previous ordinance or resolution to the Railroad Commission of Texas, which has docketed the appeal along with other appeals as Gas Utilities Docket No. 9762; and WHEREAS, ATM has conducted extensive discovery upon Atmos and has engaged in extensive negotiations regarding the appropriate rates and rate structure for Atmos; and WHEREAS, Atmos and ATM have entered into a settlement agreement resolving all disputes regarding the appropriate rates, terms and conditions for Atmos; and WHEREAS, Atmos and ATM have determined that the best method to implement such settlement agreement is to have it approved by each ATM city; and WHEREAS, in order for City to examine the settlement agreement, it must reestablish its original jurisdiction over the rates of Atmos; and WHEREAS, the Gas Utilities Regulatory Act authorizes municipalities exercising • original jurisdiction over gas utilities to issue a Show Cause as to their rates, terms and conditions; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. Pursuant to Utilities Code Section 104.151, the City finds that the existing rates, terms and conditions of Atmos are unreasonable and determines that Atmos should Show Cause why such rates, terms and conditions should not be changed. Section 3. In light of the fact that a settlement agreement has been reached between Atmos and ATM resolving all issues, it is reasonable to proceed to a hearing on the settlement agreement without additional notice to Atmos and it is reasonable to hold such hearing at the same city council meeting as the meeting at which this resolution is adopted. Section 4. This resolution shall become effective from and after its passage. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried ;unanimously. 115 February 28, 2008 11E4. Consider a resolution approving a settlement agreement between Atmos Energy Corporation, MID-TEX Division and Atmos Texas Municipalities. David Kautz made the staff presentation. RESOLUTION NO. A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS APPROVING A SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY CORPORATION, MID-TEX DIVISION AND ATMOS TEXAS MUNICIPALITIES; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT; FINDING THE RATES TO BE 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 THIS 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 a 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, and GUD Docket No. 9670; and WHEREAS, ("Atmos") filed a Statement of Intent with the City on or about September 20, 2007 to increase its system-wide, annual revenue requirement, by approximately $51.9 million; and WHEREAS, the City has, by previous ordinance or resolution, denied the requested rate increase, authorized participation in ATM and authorized the hiring of lawyers and rate experts; and WHEREAS, Atmos has appealed the previous ordinance or resolution to the Railroad Commission of Texas, which has docketed the appeal along with other appeals as GUD No. 9762; and WHEREAS, ATM has conducted extensive discovery upon Atmos and has engaged in • extensive negotiations regarding the appropriate rates and rate structure for Atmos; and WHEREAS, Atmos and ATM have entered into a Settlement Agreement resolving all disputes regarding the appropriate rates, terms and conditions for Atmos; and WHEREAS, Atmos and ATM have determined that the best method to implement such settlement agreement is to have it approved by each ATM city; and WHEREAS, in order for City to examine the Settlement Agreement, it has reestablished its., original jurisdiction over the rates of Atmos by issuing-:;;a Show Cause against Atmos; and WHEREAS, the City has given reasonable notice to Atmos regarding the consideration of the Settlement Agreement; and WHEREAS, the Settlement Agreement will resolve several previously-litigated cases and will resolve all issues currently pending before the Railroad Commission in GUD No. 9762, as well as issues relating to franchise agreements with Atmos; and WHEREAS, the Settlement Agreement will result in Atmos receiving a $10 million system-wide rate increase, which is significantly smaller than the $51.9 million sought by Atmos; and WHEREAS, the Settlement Agreement creates an experimental and expedited rate review process, called the Rate Review Mechanism ("RRM") in lieu of the Section 104.301 filings, which will allow for a consideration of both increases and decreases in expenses and investments and will allow for increased participation by City regulators in future rate cases; and WHEREAS, the RRM will also allow Atmos a greater opportunity to earn its authorized rate of return, but no more, by use of a "true-up" calculation contained within the RRM tariff; and • WHEREAS, the Settlement Agreement calls for a reduction in customer charges for residential and commercial customers; and WHEREAS, the Settlement Agreement excludes specified expenses from recovery by Atmos; and WHEREAS, the Settlement Agreement contains a "most-favored-nations" clause that provides„' .City-with the,,benefit of any other RRM settlement or any other settlement of the issues related to-the September 20, 2007 Statement of Intent or GUD No. 9672, under certain conditions; and WHEREAS, the Settlement Agreement authorizes other changes in rates and tariffs that should enable Atmos to provide efficient service at reasonable rates and provides for the reimbursement of ATM expenses; and WHEREAS, the Settlement Agreement provides for quarterly meetings between Atmos and City representatives in order to improve communication and cooperation; and 116 February 28, 2008 WHEREAS, the Settlement Agreement provides a mechanism for the City to amend or renew its franchise agreement with Atmos at 5% of Gross Revenues; and WHEREAS, the Settlement Agreement resolves numerous cases currently pending on appeal and provides for payment to ATM associated with such cases; and WHEREAS, the City desires to avoid the cost and uncertainty of litigating the cases at the Railroad Commission and the courts; and WHEREAS, the ATM lawyers as well as numerous representatives from the ATM Cities have negotiated with Atmos on several occasions; and WHEREAS, the ATM lawyers have recommended the approval of the Settlement Agreement; and WHEREAS, the City has examined the Settlement Agreement and its attached tariffs, rates, terms and conditions; and WHEREAS, the Settlement Agreement as a whole is consistent with the public interest; and WHEREAS, the tariffs, rates, terms and conditions attached to the Settlement Agreement should be found to be just, reasonable and in the public interest; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. Pursuant to Utilities Code Section 104.151, the City finds that the existing rates, terms and conditions of Atmos are unreasonable and determines that such rates, terms and conditions should be changed. Section 3. The City Council finds that the Settlement Agreement, which is attached hereto and incorporated herein as Attachment. A, is in the public interest and is hereby endorsed in all respects. Section 4. The City Council finds that the new tariffs, which are attached hereto and incorporated herein as Attachment B, are just and reasonable and are hereby adopted. Section 5. To the extent, any resolution or ordinance previously adopted by the Council.is inconsistent with this Resolution, it is hereby repealed. Section 6. 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 7. 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 LBJ Freeway, Suite 1800, • Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, Herrera and Boyle, PLLC, 860 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 28th day of February, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Mayor Maxwell Nays: None Absent: Councilmember Whitfield ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:12 p.m. Respectfully Submitted, CJ , . Sara L. White, City Secretary =.' 117 March 6, 2008 Special Called Work Session The Round Rock City Council met in a Special Called Session on Thursday, March 6, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 5:00 P.M. Mayor Maxwell called the session to order at 5:00 p.m. ROLL CALL: Those members present were Mayor Maxwell, 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 City Manager David Kautz and City Attorney Steve Sheets. CITY HALL POLICE CENTER: 3A. Consider discussion regarding the proposals received from the architectural firms for-"the City Hall Policy Center. Tom Word, Chief of Public Works gave a brief review of the plans for the new City Hall Policy Center and how it ties into the Southwest Downtown area. He explained that this would be a policy making center for the City and a gathering place. It will be a significant architectural structure that would be a point of community pride and identity. Mr. Word then covered the scope of the project as well as the budget for the project. Mr. Word finished his presentation and the Council deliberated and discussed the architectural firms that submitted proposals for this project. 3B. Consider action selecting the architectural firm for the City Hall Policy Center. • Each council member ranked (with a 1, 2, or 3) the architectural firms in the order of their first choice, second choice, and third choice. The firm with the least number of"points" was selected as the architectural firm for the new City Hall Policy Center. Below is the grid showing how each Councilmember ranked each of the firms along with their totals. Councilmember Mayor Pro- Councilmember Councilmember Councilmember Mayor Totals Honeycutt Tem Clifford Salinas Rhode Whitfield Maxwell HKS 3 2 1 2 3 3 14 Architecture 1 1 2 1 2 2 9 Plus KA Hickman 2 3 3 3 1 1 13 After the ranking of the firms by the Council, Architecture Plus was chosen as the firm for the new City Hall Policy Center. EXECUTIVE SESSION: 9A1. Consider an executive session as authorized by X551.071 Government Code, related to a claim for damages submitted by RGM Constructors, L.P. for delays on the A.W. Grimes Boulevard - Phase II construction project. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to Order by Mayor Maxwell at 6:05 p.m. and adjourned the Executive Session at 6:34 p.m. 118 March 6, 2008 Special Called Work Session 9A2. Consider an executive session as authorized by 8551.071 Government Code, related to S.J. Louis Construction of Texas, LTD vs. City of Round Rock and Garnex Companies Inc., Cause#08-143-C277 in the 277th Judicial District, Williamson County, Texas. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to Order by Mayor Maxwell at 6:35 p.m. and adjourned the Executive Session at 6:48 p.m. ADJOURNMENT: There being no further business, the meeting adjourned at 6:48 p.m. Respectfully Submitted, awA� ktAtc Sara L. White, City Secretary r 1.19 March 6, 2008 The Round Rock City Council met in Regular Session on Thursday, March 6, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:04 p.m. ROLL CALL: Those members present were Mayor Maxwell, 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 City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: .There were no citizens wishing to speak during Citizen's Communications at this meeting. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were • removed from the consent agenda. *6A. Consider approval of the City Council minutes for February 28, 2008 Regular Session. *8C1. Consider an ordinance amending Chapter 3, Section 3.105 of the Round Rock Code of Ordinances regarding construction permit and inspection fees. (Second Reading). *8C2. Consider an ordinance amending Sections 5.502, 5.604, and 8.501 of the Round Rock Code of Ordinances, regarding Fire Department permit fees. (Second Reading) MOTION: Councilmember Whitfield moved to approve all the items on the consent agenda. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes for February 28, 2008. This item was approved under the consent agenda. PRESENTATIONS: 120 March 6, 2008 7A1. Consider a presentation regarding the Williamson County Regional Animal Shelter. Chief Williams gave an update on the Williamson County Regional Animal Shelter. He gave some background on some of the issues that have occurred with the Animal Shelter and he also reported on the current statistics of the shelter. ORDINANCES: 8A1. Consider an ordinance amending library fees. (First Reading)(Requires Two • Readings) Dale Ricklefs, Library Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF-ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1902 AMENDING THE LIBRARY CARD FEE SCHEDULE AND THE TYPES OF CARDS OFFERED TO NON-RESIDENTS, ELIMINATING CERTAIN FEES, PROVIDING AN EFFECTIVE DATE, A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • 8B1. Consider an ordinance amending the Code of Ordinances by adding Section 6.800, prohibiting graffiti. (First Reading)(Requires Two Readings). Assistant Police Chief, Tim Ryle made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 6.800 REGARDING GRAFFITI; PROVIDING FOR ENFORCEMENT AND PENALTY; 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 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 8B2. Consider an ordinance amending the Law Enforcement Fund Budget (First Read ing)(Requires Two Readings) Tim Ryle, Assistant Police Chief, made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007-2008 LAW ENFORCEMENT BUDGET. March 6, 2008 121 MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *8C1. Consider an ordinance amending Chapter 3, Section 3.105 of the Round Rock Code of Ordinances regarding construction permit and inspection fees. (Second Reading). This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.105, CODE OF ORDINANCES 1995 EDITION CITY OF ROUND ROCK TEXAS REGARDING PERMIT FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS *8C2. Consider an ordinance amending Sections 5.502, 5.604, and 8.501 of the Round Rock Code of Ordinances, regarding Fire Department permit fees. (Second Reading). This item was approved under the consent agenda. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 5.502, 5.603, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADDING CERTAIN PERMIT FEES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS EXECUTIVE SESSION: 9A1. Consider an executive session as authorized by 8551.071 Government Code related to a claim for damages submitted by RGM Constructors L.P. for delays on the A.W. Grimes Boulevard - Phase II construction project. This item was covered earlier in the evening during the Special Called Work Session. 9A2. Consider an executive session as authorized by 5551 071 Government Code related to S.J. Louis Construction of Texas, LTD vs. City of Round Rock and Garney Companies Inc., Cause#08-143-C277 in the 277th Judicial District Williamson County, Texas. This item was covered earlier in the meeting during the Special Called Work Session. • ADJOURNMENT: There being no further business, the meeting adjourned at 7:20 p.m. Respectfully Submitted, Sara L. White, City Secretary 122 March 27, 2008 The Round Rock City Council met in Regular Session on Thursday, March 27, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:00 p.m. ROLL CALL: Those members present were Mayor Maxwell, 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 City Manager David Kautz and City Attorney Steve Sheets. PLEDGE OF ALLEGIANCE: Colby Dutton, Eagle Scout from Troop 365 led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: There were no citizens wishing to speak at this Council meeting. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *6A. Consider approval of the City Council minutes for March 6, 2008 Regular Session and March 6, 2008 Special Called Work Session. *7A1. Consider an ordinance amending library fees. (Second Reading) *7131. Consider an ordinance amending the Code of Ordinances by adding Section 6.800, prohibiting graffiti. (Second Reading) *7132. Consider an ordinance amending the Law Enforcement Fund Budget. (Second Reading) *8A1. Consider a resolution authorizing the Mayor to execute a Contract with Progressive Commercial Aquatics, Inc. for the Lake Creek Pool and Rabb Pool Resurfacing Proiect. *8A2. Consider a resolution authorizing the City Manager to issue a purchase order to JH Mechanical for the Clay Madsen Recreation Center Pool Air Handler. • MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 123 March 27, 2008 Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for March 6, 2008 Regular Session and March 6, 2008 Special Called Work Session. This item was approved under the consent agenda. ORDINANCES: *7A1. Consider an ordinance amending library fees. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1, SECTION 1.1902 AMENDING THE LIBRARY CARD FEE SCHEDULE AND THE TYPES OF CARDS OFFERED TO NON-RESIDENTS, ELIMINATING CERTAIN FEES, PROVIDING AN EFFECTIVE DATE, A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *7B1. Consider an ordinance amending the Code of Ordinances by adding Section 6.800, prohibiting graffiti. (Second Reading) This item was approved under the consent agenda ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 6.800 REGARDING GRAFFITI; PROVIDING FOR ENFORCEMENT AND PENALTY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *7B2. Consider an ordinance amending the Law Enforcement Fund Budget (Second Reading). This item was approved under the consent Agenda. ORDINANCE NO. AN ORDINANCE AMEDNING THE 2007-2008 LAW ENFORCEMENT FUND BUDGET. 7C1. Consider an ordinance prohibiting through commercial trucks on Red Bud Lane from Gattis School Road to US 79 (First Read ing)(Requires Two Readings). Tom Martin, Transportation Services Director 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 ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON RED BUD LANE FROM GATTIS SCHOOL ROAD TO U.S. 79; PROVIDING FOR A SAVINGS CLAUSE AND.REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 124 March 27, 2008 Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: *8A1. Consider a resolution authorizing the Mayor to execute a Contract with Progressive Commercial Aquatics, Inc. for the Lake Creek Pool and Rabb Pool Resurfacing Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Lake Creek . Pool and Rabb Pool Resurfacing Project, and WHEREAS, Progressive Commercial Aquatics, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Progressive Commercial Aquatics, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Progressive Commercial Aquatics, Inc. for the Lake Creek Pool and Rabb Pool Resurfacing Project. The City Council hereby finds and declares that,written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2008. *8A2. Consider a resolution authorizing the City Manager to issue a purchase order to JH Mechanical for the Clay Madsen Recreation Center Pool Air Handler. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for an Air Handling Unit for the Clay Madsen Recreation Center, and WHEREAS, JH Mechanical has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of JH Mechanical, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of JH Mechanical is hereby accepted and the City Manager is hereby authorized and directed to issue a purchase order in the amount of $127,315.00 to JH Mechanical for an Air Handling Unit for the Clay Madsen Recreation 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. RESOLVED this 27th day of March, 2008. 8B1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with RGM Constructors for the Gattis School Roadway Improvements Project. Tom,Martin, Director of Transportation Services, made the staff presentation and gave the Council is background and details on the Change Order. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the Gattis School Roadway 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 4 { i.,, .. 125 March 27, 2008 WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 1, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, Contract Change Order No. 1 to the Contract with RGM Constructors, L.P. for the Gattis School Roadway 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 27th day of March, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8B2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with FT Woods Construction for the Construction of Seton Parkway. Tom Martin, Director of Transportation Services made the staff presentation and presented Council with background • and details on the change order. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with F.T. Woods Construction for the Arterial "T" Roadway (now known as Seton Parkway) 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 F.T. Woods Construction for the Seton Parkway 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 27th day of March, 2008. • MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 126 March 27, 2008 8C1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for the Establishment, Operation, and Maintenance of The Williamson County Radio Communications System. Rick White, Sr. Management Analyst with the Round Rock Police Department, made the staff presentation and presented the Council with the background and details of the agreement. 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, the City of Georgetown, the City of Cedar Park, and the City of Hutto/ESD #3 regarding the establishment, operation and maintenance of the Williamson County Radio Communications System, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Williamson County, the City of Georgetown, the City of Cedar Park, and the City of Hutto/ESD #3, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2008.. MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro- tem Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8D1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Joe Bland Construction, L.P. for the East Water Transmission Line - Phase 3B-1 Improvements Project. Michael Thane, Director of Water/Wastewater Utilities, made the staff presentation. He presented the Council with all of the background and details of the change order. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Joe Bland Construction, L.P. for the East Water Transmission Line - Phase 3B-1 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 Joe Bland Construction, L.P. for the East Water Transmission Line - Phase 3B-1 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, 127 March 27, 2008 place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember • Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8D2. Consider a resolution authorizing the Mayor to execute Change Order No. 2 with Keystone Construction, Inc. for the Raw Water Delivery System - Pump Improvement Project. Michael Thane, Director of Water/Wastewater Utilities made the staff presentation. He presented the Council with background and details of the change order. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Keystone Construction, Inc. for the Raw Water Delivery System - Pumps Improvements Project, and WHEREAS, the Council has determined that it is necessary to make changes to the • quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 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 Keystone Construction, Inc. for the Raw Water Delivery System - Pumps Improvements Project, a copy of said change order being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 8D3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for Emergency Water Service with the Brushy Creek Municipal Utility District and the City of Round Rock. , Michael Thane, Director of Water/Wastewater Utilities, made the 128 March 27, 2008 staff presentation. He presented the Council with the background and details of the agreement. 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 Brushy Creek Municipal Utility District for emergency water service, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the Brushy Creek Municipal Utility District, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of March, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • APPOINTMENTS: 9A1. Consider the appointment of one Councilmember and one citizen to fill vacancies on the Round Rock Transportation System Development Corporation board of directors. These two appointments will fill the vacancies left by Alan McGraw (Council representative) and Susan Moss (citizen) when they resigned from the board. MOTION: Councilmember Rhode moved to nominate Councilmember Honeycutt to the Round Rock Transportation System Development Corporation board of directors. Councilmember Whitfield seconded the motion. MOTION: Councilmember Honeycutt moved to nominated J. Hollis Bone to the Round Rock Transportation System Development Corporation board of directors. Mayor Pro-Tem Clifford seconded the motion. MOTION: Councilmember Honeycutt moved approve the nominees by acclamation to sit on the Round Rock Transportation System Development Corporation board of Directors. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 129 March 27, 2008 Nays: None ACTION: The motion carried unanimously. EXECUTIVE SESSION: 10A1. Consider an executive session as authorized by 5551.071 Government Code, related to Fern Bluff Municipal Utility District vs. Jean I. Cochran and the City of Round Rock, Texas, Cause# 08-189-C277 in the 277th Judicial District, Williamson County, Texas. • The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to Order by Mayor Maxwell at 7:39 p.m. and adjourned the Executive Session at 7:52 p.m. ADJOURNMENT: - There being no further business, the meeting adjourned at 7:53 p.m. Respectfully Submitted, j 011) /W/t, tj'w Sara L. White, City Secretary • 130 April 10, 2008 The Round Rock City Council met in Regular Session on Thursday, April 10, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER - 7:00 P.M. Mayor Maxwell called the session to order at 7:05 p.m. ROLL CALL: Those members present were Mayor Maxwell, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Attorney Steve Sheets and Finance Director Cindy Demers. PLEDGE OF ALLEGIANCE: Michael Sharp, Eagle Scout from Troop 214 led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZENS COMMUNICATIONS: There were no citizens wishing to speak at this Council meeting. PROCLAMATIONS: 5A. Consider a proclamation designating the week of April 13 through April 19, 2008, as Round Rock Telecommunications Week. Mayor Maxwell read the following proclamation and presented it to Becky Rodriguez, Round Rock Communications Center Manager. WHEREAS, emergencies can occur at anytime that require police or fire or emergency 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 Telecom m u nicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information, and ensuring their safety; and WHEREAS, Public Safety Telecom mu nicators of the Round Rock Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each Telecom municator 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 vital public service and whose diligence and professionalism keep our City and citizens safe; NOW, THEREFORE, I, NYLE MAXWELL, 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 13 through April 19, 2008, as "Round Rock Telecommunicators Week" and respectfully ask all citizens, Public Safety, Health, and Public Service personnel alike to • join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. PROCLAIMED this 10th day of April 2008. 5B. Consider a proclamation designating the week of April 13 through April 19, 2008, as Round Rock Animal Control Officers Week. Mayor Maxwell read the following proclamation and presented it to Bob Drawbaugh and several Animal Control Officers. WHEREAS, the National Animal Control Association has designated the second week of April each year as Animal Control Appreciation Week; and 131 April 10, 2008 WHEREAS, the various federal, state, and local government officials throughout the country take this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they provide to the citizens, various Public Safety, Public Service Agencies and Departments through the Country; and WHEREAS, the shocking and dramatic turn of events of one single day — September 11, 2001, caught everyone by surprise and struck the very heart of our society with the terrorist attacks on the World Trade Center and the Pentagon, the dedication, honor and respect for those individuals serving on the front lines as firefighters, rescue personnel, police officers and emergency animal control officers was never greater or more strikingly illustrated; and WHEREAS, the City of Round Rock would like to recognize and commend animal control • officers for the many dedicated and long hours of service they perform in serving this community, and for fulfilling the commitment to providing the highest and most efficient level of customer service; NOW, THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, do hereby proclaim the week of April 13 through April 19, 2008, as "Round Rock Animal Control Officers Week" and urge all citizens, Public Safety, Health, and Public Service personnel to join in expressing their gratitude and appreciation for the outstanding service these individuals provide day after day to assure our safety and welfare. PROCLAIMED this 10th day of April 2008. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7A. Consider approval of the City Council minutes for March 27, 2008. *10A1. Consider an ordinance prohibiting through commercial trucks on Red Bud Lane • from Gattis School Road to US 79. (Second Reading) *11E2. Consider a resolution authorizing a property tax refund to F&F/WC Warner Ranch Associates, LP for 2005 taxes in the amount of $7,421.00. *11E3. Consider a resolution authorizing a property tax refund to D. Ansley Company, Inc. for 2006 taxes in the amount of $2,440.72. *11E4. Consider a resolution authorizing property tax refunds to Photronics Texas I, LP for 2005 and 2006 taxes totaling $5,554.47. *11E5. Consider a resolution authorizing a property tax refund to Farmers Insurance Group Holding Co. for 2005 taxes in the amount of$4,416.26. MOTION: Councilmember Rhode moved to approve all the items on the consent agenda. Councilmember Honeycutt seconded,,,the motion. • VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the City Council minutes for March 27, 2008. This item was approved under the consent agenda. 132 April 10, 2008 PRESENTATIONS: 8A1. Consider a presentation regarding the Transportation Capital Improvement Program (TCIP) quarterly report. Tom Martin, Transportation Services Director made the staff presentation and gave an update on the action of the 4B Corporation in the last quarter. PUBLIC HEARINGS: 9A1. Consider public testimony regarding community needs for the development of the • 2008-2009 Community Development Annual Action Plan. Mona Ryan, Community Development Coordinator made the staff presentation. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 9A2. Consider public testimony regarding an application filed by the Round Rock Independent School District to rezone 86.65 acres of land from Single Family - Large Lot (SF-1) and Single Family - Standard Lot (SF-2) zoning districts to Public Facilities - High Intensity (PF-31 zoning district. Jim Stendebach, Planning and Community Development Director made the staff presentation. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: *10A1.Consider an ordinance prohibiting through commercial trucks on Red Bud Lane from Gattis School Road to US 79. (Second Reading). This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.1700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS; MAKING CERTAIN ADDITIONS TO SAID SECTION; THEREBY DECLARING IT UNLAWFUL TO DRIVE OR OPERATE A TRUCK ON RED BUD LANE FROM GATTIS SCHOOL ROAD TO U.S. 79; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 10B1. Consider an ordinance amending Chapter 1, Section 1.1002.1(4)(b) of the Round Rock Code of Ordinances regarding firefighter civil service classifications and number of positions. (First Reading). Fire Chief, Larry Hodge made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND • ROCK, TEXAS, CHAPTER 1, SECTION 1.002.1(4)(b) RELATING TO CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE, AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. - MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell ,yt`� •I"•.'M .. . _ it.. _ ,ill ,. 133 April 10, 2008 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 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield' Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C1. Consider an ordinance rezoning 86.65 acres of land from Single Family - Large Lot (SF-1) and Single Family - Standard Lot (SF-2) zoning districts to Public Facilities - High Intensity (PF-3) zoning district. (First Reading). Jim Stendebach made the staff presentation on this item 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 86.65 ACRES OF LAND, OUT OF THE J.M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-1 (SINGLE FAMILY - LARGE LOT) AND DISTRICT SF-2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT PF-3 (PUBLIC FACILITIES - HIGH INTENSITY). MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode • Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 10C2. Consider an ordinance amending the 2007-2008 Community Development Block Grant Program Budget. (First Read i ng)(Requires Two Readings). Mona Ryan, Community Development Director made the staff presentation. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. 134 April 10, 2008 MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Austin Bridge and Road for the Austin Avenue and Liberty Avenue Improvements. Danny Halden, City Engineer made the staff presentation. The Council expressed concerns with the company and requested that the item be tabled until the April 24th Council meeting. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Austin Avenue and Liberty Avenue Improvements Project, and WHEREAS, Austin Bridge and Road has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Bridge and Road, Now Therefore BE IT RESOLVED BY THE 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 Bridge and Road for the Austin Avenue and Liberty Avenue Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. MOTION: Councilmember Rhode moved to approve to table the item until April 24th, 2008. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11B1. Consider a resolution approving the action of the Round Rock Transportation System Development Corporation in amending the Transportation Capital Improvement Program TCIP . Tom Martin, Transportation Services Director 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 135 April 10, 2008 "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 10th day of April, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11C1. Consider a resolution determining that"Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Old Settlers Park Tennis Restroom/Pro Shop Project. Cory Styron, Assistant Director of Parks and Recreation made the staff presentation. RESOLUTION NO. WHEREAS, Texas Local Government Code, Section 271.111 (et seq) allows governmental entities to use certain methods other than competitive bidding in entering into contracts for construction of Facilities, as defined therein, and WHEREAS, the City of Round Rock is considering using an alternative method other than • competitive bidding in entering into a contract for construction of the Old Settlers Park Tennis Restroom/Pro Shop Project ("Project"), and WHEREAS, the statute requires that a project-by-project determination be made as to what method provides the best value for the governmental entity in relation to a particular project, and WHEREAS, the Council has determined that this Project would be best served by utilizing the "Competitive Sealed Proposal" method, and 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 Old Settlers Park Tennis Restroom/Pro Shop 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 10th day of April, 2008. • MOTION: Councilmember Rhode moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 136 April 10, 2008 11D1. Consider a resolution of support for the award of a school charter to Imagine International Academy Williamson County_ Maria Garza Brown and Karalei Nunn, two of the Round.Rock and Georgetown citizens that are working to get the charter for the school, made a presentation on the charter school and provided the Council background on Imagine International Academy. RESOLUTION NO. WHEREAS, the City of Round Rock is supportive of efforts to provide quality public education to the children in our City and County; and WHEREAS, there is currently no open-enrollment charter school in Williamson County, thereby limiting parental options; and WHEREAS, the population growth in our City and surrounding County is more than sufficient to support public, tuition-free school choice; and WHEREAS, the City of Round Rock is supportive of bringing educational choices to families in Round Rock; and WHEREAS, the International Baccalaureate curriculum is a world-renowned curriculum having been in schools around the globe for the past forty years, and is the curriculum for thirty- four of the top one hundred schools in the United States; and WHEREAS, a student graduating with an International Baccalaureate Diploma will be granted 24 college credit hours at any State University in Texas, thus providing a virtual scholarship; and WHEREAS, Imagine International Academy will serve up to 1,300 students K-12; and WHEREAS, graduates of Imagine International Academy will be equipped for higher education and thus improve the quality of life in Central Texas; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That Imagine International School Williamson County is a desirable and high quality addition to the educational opportunities for families in Round Rock and the surrounding County, and the City Council hereby expresses its support for the award of a Charter to said school. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the • subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt' Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11E1. Consider a resolution approving the modification of the City's utility bill format to include the "Friendly Rock" program. Cindy Demers, Finance Director made the staff presentation. RESOLUTION NO. • WHEREAS, in 1994 the City of Round Rock developed the "Friendly Rock" Program to provide charitable assistance to citizens for municipal'utility related costs, and WHEREAS, the Round Rock Area Serving Center administers the funds generated by the "Friendly Rock" Program, and WHEREAS, since its inception, customer participation has been minimal, while the community need has grown, and WHEREAS, a modification of the utility bill format will allow for the automatic inclusion of $1.00 per month participation in the program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby approves the modification of the utility bill format to include the "Friendly Rock" Program, as shown in Exhibit"A", attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting `1 137 April 10, 2008 was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *11E2. Consider a resolution authorizing a property tax refund to F&F/WC Warner Ranch Associates, LP for 2005 taxes in the amount of$7,421.00. 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, F&F/WC Warner Ranch Associates, L.P. has made an • overpayment or erroneous payment of 2005 taxes in the amount of $7,421.00; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$7,421.00. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and-that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. *11E3. Consider a resolution authorizing a property tax refund to D. Ansley Company, Inc. for 2006 taxes in the amount of $2,440.72. 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, D. Ansley Company, Inc. has made an overpayment or erroneous payment of 2006 taxes in the amount of $2,440.72; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $2,440.72. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 138 April 10, 2008 RESOLVED this 10th day of April, 2008. *11E4. Consider a resolution authorizing property tax refunds to Photronics Texas I LP for 2005 and 2006 taxes totaling $5,554.47. 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, Photronics Texas I, L.P. has made an overpayment or erroneous payment of 2005 and 2006 taxes in the amount of $5,554.47; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$5,554.47. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. *11E5. Consider a resolution authorizing a property tax refund to Farmers Insurance Group Holding Co. for 2005 taxes in the amount of $4,416.26. 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, Farmers Insurance Group Holding Co. has made an overpayment or erroneous payment of 2005 taxes in the amount of $4,416.26; 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$4,416.26. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. 11F1. Consider a resolution authorizing the Mayor to approve Change Order No. 2 with Murphy Pipeline Contractors, Inc. for the Greenlawn Place Blue Tubing and Waterline Replacement • Project. Michael Thane, Water/Wastewater Utilities Director made the staff presentation and gave the Council details on the Change Order. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Murphy Pipeline Contractors, Inc. for the Greenlawn Place Blue Tubing and Waterline Replacement 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 139 April 10, 2008 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 Murphy Pipeline Contractors, Inc. for the Greenlawn Place Blue'Tubing and Waterline Replacement 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 10th day of April, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11F2. Consider a resolution authorizing the Mayor to execute Change Order No. 1 to the construction contract with Cash Construction Company, Ltd. for the RM 1431 36-Inch Water Line Improvements Project. Michael Thane, Water/Wastewater Utilities Director made the staff presentation and provided the Council with details on the change order and the project. • RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Cash Construction Company, Ltd. for the RM 1431 36-Inch Water Line Improvements Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the.,attached Contract Change Order No. 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 Cash Construction Company, Ltd. for the RM 1431 36- Inch Water Line 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 10th day of April, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11G1. Consider a resolution amending the 2004-2009 Community Development Consolidated Plan. Mona Ryan, Community Development Director made the staff presentation RESOLUTION NO. 140 April 10, 2008 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Program, and WHEREAS, the City of Round Rock adopted the 2004-2009 Community Development Consolidated Plan (the "Plan") by Resolution No. R-04-07-22-13C1 on July 22, 2004, which identified how the City would use federal resources to meet priority community needs, and WHEREAS, the City of Round Rock wishes to amend the Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby amends the 2004-2009 Community Development Consolidated Plan in accordance with Exhibit "A" - "D", attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted,was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 11G2 Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement in the amount of$106,921.00 with Habitat for Humanity for land acquisition. Mona Ryan, Community Development Director made the staff presentation. Debbie • Hoffman, Executive Director of Habitat for Humanity Williamson County gave the Council background on the agreement and what the money will be spent on. 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 Habitat for Humanity to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Habitat for Humanity for acquisition and improvement of real 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 Agreement with Habitat for Humanity for acquisition and improvement of real property, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 10th day of April, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. •- 7.. fiZn�r y t L.. .. April 10, 2008 11H1. Consider a resolution authorizing the Mayor to execute a real estate contract with co Land LTD for the purchase of right of way for construction of the Old Settlers Bouleva, former) Ki hen Road Im rovement Project. This item was considered out of the norma enda order and was moved to after the Executive Session. IIF EXEC VE SESSION: • 10A1. isider an executive session as authorized b 551.071 Government Code related to the Aase of right of way from Camco Land Ltd for construction of the Old Settlers Boulevard rmerly Ki hen Road Improvement Project. The Council r ssed to the Executive Chamber for the Executive Session. The Executive Session wa lied to Order by Mayor Maxwell at 8:44 p.m. and adjourned the Executive Session at 8: p.m. 111-11. Consider a olution authorizing the Mayor to execute a real estate contract with Camco Land LTD for%tDurchase of right of way for construction of the Old Settlers Boulevard (formerly Ki hen XR ) Improvement Project. R LUTION NO. WHEREAS, the City desire o purchase a 0.531 acre tract of land for additional right-of-way for the Old Settlers evard (formerly Kiphen Road) Improvement Project, and WHEREAS, Camco Land, Ltd., a owner of the property, has agreed to sell said • property to the City, Now Therefore BE IT RESOLVED BY THE COUNCI THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authoriz nd directed to execute on behalf of the City a Real Estate Contract with Camco Land, L a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorpora herein for all purposes. The City Council hereby finds and d res that written notice of the date, hour, place and subject of the meeting at which this solution was adopted was posted and that such meeting was open to the public as req by law at all times during which this Resolution and the subject matter hereof were cussed, considered and formally acted upon, all as required by the Open Meetings Act, ter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. MOTION: Councilmember Honeycutt moved to ove the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycu • 142 April 10, 2008 11H1. Consider a resolution authorizing the Mayor to execute a real estate contract with Camco Land, LTD for the purchase of right of way for construction of the Old Settlers Boulevard (formerly Kiphen Road) Improvement Project. This item was considered out of the normal agenda order and was moved to after the Executive Session. EXECUTIVE SESSION: 10A1. Consider an executive session as authorized by > 551.071 Government Code, related to the purchase of right of way from Camco Land, Ltd for construction of the Old Settlers Boulevard (formerly Kiphen Road) Improvement Proiect. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to Order by Mayor Maxwell at 8:44 p.m. and adjourned the Executive Session at 8:51 p.m. 11H1. Consider a resolution authorizing the Mayor to execute a real estate contract with Camco Land LTD for the purchase of right of way for construction of the Old Settlers Boulevard (formerly Kiphen Road) Improvement Project. RESOLUTION NO. WHEREAS, the City desires to purchase a 0.531 acre tract of land for additional right-of-way for the Old Settlers Boulevard (formerly,Kiphen Road) Improvement Project, and WHEREAS, Camco Land, Ltd., the owner of the property, has agreed to sell said property to the City, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Camco Land, Ltd., a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of April, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • ADJOURNMENT: There being no further business, the meeting adjourned at 8:52 p.m. Respectfully Submitted, Sara L. White, City Secretary 143 April 24, 2008 The Round Rock City Council met in Regular Session on Thursday, April 24, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. Mayor Maxwell called the session to order at 7:00 p.m. • ROLL CALL:Those members present were Mayor Maxwell, 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. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag Before citizen's communications, Mayor Maxwell presented City Manager,Jim Nuse with a plaque that he received for being "Mentor of the Year" with Round Rock Independent • School District's mentor program. CITIZENS COMMUNICATIONS: Raveena Saini and Neha Prabhu from Ridgeview Middle School shared with the Council information on their Veterans Appreciation Night on May 21. PROCLAMATIONS: 5A. Consider proclaiming April 26, 2008 as "Arbor Day 2008." Mayor Maxwell read the following proclamation and presented it to Emsud Horosovic of the Parks and Recreation Department. 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, 2008 is the 136th 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 are a source of joy and spiritual renewal wherever they are planted; and 144 April 24, 2008 WHEREAS, the Parks and Recreation Department's Forestry Division, with the help of hundreds of volunteers will be planting 75 trees along Greater Lake Creek Trail on Saturday, April 26, 2008, from 9:00 a.m. to noon for Arbor Day; NOW, THEREFORE, I, NYLE MAXWELL, Mayor of the City of Round Rock, do hereby proclaim April 26, 2008 as "ARBOR DAY" in the City of Round Rock and urge all citizens to support the efforts to protect our trees and woodlands and further urge all citizens to plant trees to gladden the heart and promote the well-being of our community and future generations. • PROCLAIMED this 24th day of April 2008. 56. Consider proclaiming April as "Sexual Assault Awareness Month." Mayor Maxwell read the following proclamation and presented it to Patty Conner, Chief Executive Officer of Hope Alliance/Williamson County Crisis Center. WHEREAS, sexual assault continues to be a major social crisis in our society; and WHEREAS, sexual abuse affects almost every child and adult in Round Rock, Texas, as either a survivor or as a family member, significant other, neighbor, friend or co-worker of a survivor; and WHEREAS, volunteers and service providers in our community are working to provide a continuum of care to sexual abuse survivors through a 24-hour hotline, counseling, support groups, advocacy, medical care and education; and WHEREAS, Round Rock seeks,to improve services for survivors of sexual violence and prevent future sexual violence through public awareness and services for survivors; and WHEREAS, this community recognizes the vital importance of designating a time devoted to increasing the general public's awareness and support of agencies providing services to survivors; and WHEREAS, we hold forth a vision of a community free from sexual violence; NOW, THEREFORE, I, NYLE MAXWELL, by virtue of the authority vested in me as Mayor of Round Rock, Texas, do hereby proclaim April 2008 as "Sexual Assault Awareness Month" in Round Rock and urge all citizens to take part in activities that raise awareness for sexual assault and to join in this vision of a community free from sexual violence. PROCLAIMED this 24th day of April 2008. 5C. Consider proclaiming April 27-May 3, 2008 as "Cover the Uninsured Week." Mayor Maxwell read the following proclamation and presented it to LeAnn Powers, Doug Groves and Amy Ellsworth from Lone Star Circle of Care. WHEREAS, 47 million Americans—including 9 million children—do not have health coverage; and WHEREAS, in Williamson County 25 percent of the population, or roughly 83,000 individuals, is uninsured; and WHEREAS, Lone Star Circle of Care is the only primary healthcare safety net for the uninsured and underinsured in Williamson County; and WHEREAS, more than eight out of 10 people who are uninsured are in working families; • and WHEREAS, Lone Star Circle of Care provides medical, dental, and mental health care to . thousands of uninsured Central Texas adults and children each year; and WHEREAS, not having health insurance means minor illnesses can become major ones when care is delayed; and WHEREAS, an estimated 18,000 – 22,000 Americans die each year because they don't have health coverage; and 145 April 24, 2008 WHEREAS, lack of coverage can allow one serious ailment or accident to wipe out a family's bank account; and WHEREAS, every year more Americans join the ranks of the uninsured —faced with the reality that uninsured people live sicker and die younger than those who are covered; and WHEREAS, Lone Star Circle of Care is working to inform the community of the great need for their services of affordable, quality healthcare for the uninsured and underinsured; while bringing attention to the uninsured crisis facing our city, county, state, and nation; THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock, Texas, proclaim April 27—May 3, 2008, as "Cover the Uninsured Week" in the City of Round Rock and call upon our nation's leaders and citizens to acknowledge this serious issue and work together to find solutions for the health coverage crisis. PROCLAIMED this 24th day of April 2008. 5D. Consider proclaiming May 2008 as "Hispanic Heritage Month." Mayor Maxwell read the following proclamation and presented it to Patricia Ephlin,Assistant Principal at Wells Branch Elementary and Fred Yebra, Vice President of the 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 cultural and brings focus to the many traditions that have been handed down from generation to generation, NOW THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock,Texas do hereby proclaim the month of May 2008 as "HISPANIC HERITAGE MONTH" in the City of Round Rock and urge everyone partake in the many cultural events that will be held throughout this month. PROCLAIMED this 24th day of April 2008. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. *7A. Consider approval of the City Council minutes for April 10, 2008. *9131. Consider an ordinance amending the 2007-2008"Community Development Block • Grant Program Budget. (Second Reading) *10131.Consider a resolution authorizing the Mayor to execute a grant contract with the Texas Historical Commission to develop a preservation promotion and public education program for the City of Round Rock. i -146 April 24, 2008 *10D1.Consider a resolution authorizing the Mayor to'execute a Joint Election Agreement with Travis County Participating Entities for the May 10, 2008 General and Special election. MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Mayor Pro-Tem Clifford seconded the motion. •, VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem,Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the City Council minutes for April 10, 2008. This item was approved under the consent agenda. PRESENTATIONS: 8A1. Consider presentation regarding the City's FY 2008 financial status. Cindy Demers, Financial Director made the staff presentation. Ms. Demers briefly reviewed the • FY2007-2008 Approved Budget Summary. She then covered the General Fund specifically and the breakdown of what makes up the revenue for the General Fund. Property tax and Sales tax are the primary funding sources. Ms. Demers went on to cover sales tax projections and actual i sales tax collections through April 2008. She,reported that sales tax collections are up 3.63% over last year's actual, however, Dell is down 5% and all other sales tax collections are up 10.6% from last year (primarily from a one-time collection). Projections are that overall sales tax collections will be flat in 2008. Some other General Fund highlights were covered as well. Ms. Demers reported that department expenditures are at 43% spent through March and that hiring for new positions are being considered on a case by case basis. Inflationary cost increases (fuel, electricity, etc.) will also impact the rest of this fiscal year and the 2008-2009 • i fiscal year. Utility fund highlights included 49%of revenues have been collected through March and departments have spent 44.5%through March. Some inflationary cost increases will also impact the Utility fund. i i _.a 147 April 24, 2008 8A2. Consider a presentation regarding Sales Tax Legislative Issues. David Kautz, Assistant City Manager, made the staff presentation: David briefed the Council on that 60%of our general revenue is from sales tax and 100%of our transportation funding is from sales tax. Mr. Kautz went on to say that because Round Rock is so heavily reliant on sales tax, it is important that the City keeps a keen eye on any legislation that may affect sales tax. Mr. Kautz went on to give the Council an update on the Streamlined Sales Tax project. Under streamlined sales tax,Texas would have to become a "destination based" sales tax state (as it stands,Texas is an "origin based" sales tax state. Mr.'Kautz covered some other important sales tax issues that may affect the City of Round Rock. He told the Council that this is a very important issue that the City must stay on top of and be on the fore front of every meeting regarding sales tax as the summer goes on and more importantly into the next legislative session. RESOLUTION: 10132. Consider a resolution authorizing-the Mayor to execute a Statement of Support for the Guard and Reserve. This item was considered out of order with the consent of • all Councilmembers. Mayor Maxwell introduced Rodney McNelley and Major General Jose Mayorga who thanked the Mayor, Council, and City Manager,Jim Nuse for their support of the National Guard and Reserve. Jim Nuse briefly named the ten City employees that currently serve in the milita"ry reserve. RESOLUTION NO. WHEREAS, America's National Guard and Armed Forces Reserve are essential to the strength of our nation and the well-being of our communities, and WHEREAS, the City Council wishes to express its support for the patriotic men and women of the Guard and Reserve, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the City Council hereby authorizes the Mayor to execute on behalf of the City a Statement of Support for the Guard and Reserve, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 24th day of April, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt 148 April 24, 2008 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ORDINANCES: • 9A1. Consider an ordinance amending water rates to promote the conservation of water. (First Reading)(Requires Two Readings). Michael Thane, Water/Wastewater Utilities Director made the staff presentation. Mr.Thane covered the-details of the conservation water rates. 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 Rhode moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember.Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *9131. Consider an ordinance amending the 2007-2008 Community Development Block Grant Program Budget. (Second Reading) This item was approved under the consent agenda. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET. 962. Consider an ordinance amending the Sign Ordinance, Section 3.1403 Business Uses Sign and Section 3.1408, Signs, Posters and Outdoor Advertising in Public Rights-of-Way. • (First Reading) (Requires Two Readings) Jim Stendebach, Planning and Community Development Director, made the staff presentation. ORDINANCE,NO. AN ORDINANCE AMENDING CHAPTER 3, SECTIONS 3.1403 AND 3.1408, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING BUSINESS USES SIGNS AND SIGNS, :S 'ittr l^t. 149 April 24, 2008 POSTERS AND OUTDOOR ADVERTISING IN PUBLIC RIGHTS-OF-WAY; 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 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 9133. Consider an ordinance annexing the right of way of County Road 112 from the south right of way line of University Blvd.to the west right of way line of A.W. Grimes Blvd. (First Reading) Jim Stendebach made the staff presentation. ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 18.178 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. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember:Rhode moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield 150 April 24, 2008 Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 10A1. Consider a resolution authorizing the Mayor to execute a Discretionary Service Agreement for electric utility relocation with Oncor Electric Delivery along the Old Settlers • Boulevard (Kiphen Road), Phase II Project. Tom Martin, Transportation Services Director made the staff-presentation. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") is planning a roadway improvement project for the widening of Kiphen Road ("Project"), and WHEREAS, Oncor Electric Delivery ("Oncor") has electrical lines which must be relocated in order to proceed with the Project, and WHEREAS, the City and Oncor wish to enter into a Discretionary Service Agreement for the relocation of said electrical lines, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Discretionary Service Agreement with Oncor Electric Delivery, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 24th day of April, 2008. MOTION: Councilmember Honeycutt moved to approve to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10131. Consider a resolution authorizing the Mayor to execute a grant contract with the Texas Historical Commission to develop a preservation promotion and public education program for the City of Round Rock. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City has filed a grant application with the Texas Historical Commission for funds available from the U.S. Department of the Interior, National Park Service, through the Certified Local Government Program, and WHEREAS, the grant application has been approved by the Texas Historical Commission, 1511 April 24, 2008 which has submitted the grant contract to the City to fund and establish the development of a preservation promotion and public education program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Grant Contract with the Texas Historical Commission for the above-described grant, a copy of said Grant Contract being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 24th day of April, 2008. 10132. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant funding agreement in the amount of$77,430.00 with the Round Rock Housing Authority for the facility expansion at 1505 Lance Lane. Jim Stendebach, Planning and Community Development Director 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 to assist the City in utilizing said funds, and . WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Round Rock Housing Authority for facility expansion at 1505 Lance Lane, Now Therefore BE IT RESOLVED BY THE 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 for facility expansion's at 1505 Lance Lane, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2008. MOTION: Councilmember Salinas moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt, Mayor Pro-Tem Clifford • Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 152 April 24, 2008 10C1. Consider a resolution authorizing the MaVor to execute a Construction Contract with Austin Bridge and Road for the Austin Avenue and Liberty Avenue Improvements. Danny Halden, City Engineer, made the staff presentation. The Council requested that an estimate be done to extend the road improvements on Austin Avenue past Nelson Street. The project manager from Austin Bridge and Road provided the Council with some background on the company. The project manager for the this project provided the Council with details on the timeline for the project and committed making sure the project stays within the projected timeline. The project superintendent also gave the Council some information on other similar projects that the company has done. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Austin Avenue and Liberty Avenue Improvements Project, and WHEREAS, Austin Bridge and Road has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Austin Bridge and Road, Now Therefore BE IT RESOLVED BY THE 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 Bridge and Road for the Austin Avenue and Liberty Avenue Improvements Project. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. *10D1.Consider a resolution authorizing the Mayor to execute a Joint Election • Agreement with Travis County Participating Entities for the May 10, 2008 General and Special election. This item was approved under the consent agenda.' RESOLUTION NO. L�: ifitS l`�Y 153 April 24, 2008 WHEREAS, the City of Round Rock has contracted with Travis'County to conduct and provide election services on May 10, 2008; and WHEREAS, other political subdivisions have contracted or are contracting with Travis County to conduct and provide election services on May 10, 2008; 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 24th day of April, 2008. 10D2. Consider a resolution authorizing the Mayor to execute a Statement of Support for the Guard and Reserve. This item was considered earlier in the meeting. • 10D3. Consider a resolution authorizing the Mavor to execute an agreement with Economics Research Associates to determine the feasibility and to develop a recommended business plan for the proposed special events center. Jim Nuse, City Manager and David Kautz, Assistant City Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for an Event Center Business Plan Review and Feasibility Study, and WHEREAS, Economics Research Associates ("ERA") has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with ERA, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Professional Consulting Services for Event Center Business Plan Review and Feasibility Study with Economics Research Associates, a copy of same being attached hereto as • Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended RESOLVED this 24th day of April, 2008. 154 April 24, 2008 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield • Mayor Maxwell Nays: None ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:41 p.m. Respectfully Submitted, Sara L. White, City Secretary • • May 8, 2008 155 The Round Rock City Council met in Regular Session on Thursday, May 8, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. Mayor Maxwell called the session to order at 7:00 p.m. ROLL CALL: Those members present were Mayor Maxwell, 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. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag 'Texas State Flag CITIZENS COMMUNICATIONS: Aleta Wallace, 1606 Egger Ave, spoke about the police department George White, 25 Wilderness Way, spoke in regards to the water rate increase. • PROCLAMATIONS: 5A. Consider proclaiming the week of May 11 through May 17 as "National Police Week" and May 15 as "Peace Officers Memorial Day". Mayor Maxwell read the following proclamation and presented it to Assistant Police Chief Tim Ryle. WHEREAS, the U.S. Congress and President Bush have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police week; and WHEREAS, the members of the Round Rock Police Department play an essential role in safeguarding the rights and freedoms of Round Rock citizens; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of peace officers, and that members of the Round Rock Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the Round Rock Police Department unceasingly provide a vital public service; NOW,THEREFORE, I, Nyle Maxwell, Mayor of the City of Round Rock,Texas, call upon all • citizens of Round Rock and all patriotic, civic and educational organizations to observe the week of May 11 through May 17, 2008, as "Round Rock Police Week" with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established an enduring reputation for preserving our rights and security. I further call upon all citizens of Round Rock to observe May 15, 2008, as i 156 May 8, 2008 "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 8th day of May 2008. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by • one motion. There was no an separate discussion on of these items and no items were p Y removed from the consent agenda. *7A. Consider approval of the City Council minutes for April 24, 2008. *961. Consider an ordinance amending the Sign Ordinance, Section 3.1403 Business Uses Sign and Section 3.1408, Signs, Posters;and Outdoor Advertising in Public Rights-of-Way. (Second Reading) MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt ` Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode . Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *7A. Consider approval of the City Council minutes for April 24, 2008. This item was approved under the consent agenda. PUBLIC HEARINGS: 8A1. Consider public testimony pursuant to Chapter 26 of the Texas Parks and Wildlife Code regarding the proposal to use public parkland for an elevated water storage tank and related facilities. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. This water storage tank will be placed in the northwest part of Round Rock. • Mayfield Park was found to be the best site for the water storage tank. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. .�aF.'�. .. 157 May 8, 2008 8A2. Consider public testimony regarding an ordinance amending water rates to promote the conservation of water. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 8131. Consider public testimony regarding an application to zone 23.09 acres of land • known as East Rock Cove to Planned Unit Development (PUD) No. 80 zoning district. Jim Stendebach, Planning Director made the staff presentation. He provided the Council with details on the location of the PUD and the details of the PUD agreement. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. 8132. Consider public testimony regarding an ordinance amending Chapter 11 of the Round Rock Code of Ordinances (1995 Edition) regarding the permitted use of Residential to Office Conversions in commercial and office zoning districts. Jim Stendebach, Planning Director made the staff presentation. Mayor Maxwell opened the public hearing. • There being no testimony, the public hearing was closed. 8133. Consider public testimony regarding proposed amendments to Chapter 11 of the Round Rock Code of Ordinances (1995 Edition)to add an expiration for permit applications. Jim Stendebach, Planning Director made the staff presentation. Mayor Maxwell opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 9A1. Consider an ordinance amending water rates to promote the conservation of water. (Second Reading) The presentation for this item was given earlier in the meeting during the Public Hearing. 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 Honeycutt moved to amend the ordinance and delay implementation until May 2009. Mayor Pro-Tem Clifford seconded the motion. I 158 May 8, 2008 VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Nays: Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell ACTION: The motion failed with 2 Ayes and 4 Nays. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Salinas . Councilmember Rhode Councilmember Whitfield Nays: Councilmember Honeycutt Mayor Pro-Tem Clifford Mayor Maxwell ACTION: The motion failed with 3 Ayes and 3 Nays. *9131. Consider an ordinance amending the Sign Ordinance, Section 3.1403 Business Uses Sign and Section 3.1408, Signs, Posters and Outdoor Advertising in Public Rights-of-Way. i ' (Second Reading) This item was approved under the consent�agenda. • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, SECTIONS 3.1403 AND 3.1408, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING BUSINESS USES SIGNS AND SIGNS, POSTERS AND OUTDOOR ADVERTISING IN PUBLIC RIGHTS-OF-WAY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 962. Consider an ordinance zoning 23.09 acres of land known as East Rock Cove to Planned Unit Development (PUD) No. 80 zoning district. (First Reading). The presentation for this item was given 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 ORIGINALLY ZONE 23.09 ACRES OF LAND, KNOWN AS EAST ROCK COVE, IN ROUND ROCK, WILLIAMSON COUNTY,TEXAS,AS PLANNED UNIT DEVELOPMENT(PUD) NO. 80. MOTION: Councilmember Honeycutt moved to adopt�the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford May 8, 2008 . 159 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember.Rhode moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the • ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. 963. Consider an ordinance amending Chapter 11 of the Round Rock Code of Ordinances (1995 Edition) to add an expiration for permit applications. (First Reading) The presentation for this item was given earlier in.the meeting during the Public Hearing. ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.114, OF THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ADDING EXPIRATION OF SITE DEVELOPMENT PERMIT APPLICATIONS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. MOTION: Councilmember Honeycutt moved to dispense with the second reading of the • ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 160 May 8, 2008 Nays: None ACTION: The motion carried unanimously. 9134. Consider an ordinance amending Chapter 11 of the Round Rock Code of Ordinances (1995 Edition) regarding the-permitted use of Residential to Office Conversions in commercial and office zoning districts. (First Reading) The presentation for this item was given earlier in the meeting during the public hearing. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.409,1111.409.1, 11.410, 11.411, 11.423, 11.800, AND APPENDIX A, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE ESTABLISHED ZONING DISTRICTS; TO PERMIT AND ESTABLISH REQUIREMENTS FOR THE STANDARDS FOR RESIDENTIAL TO OFFICE CONVERSION; TO ADD THE DEFINITION OF "RESIDENTIAL TO OFFICE CONVERSION"; 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 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell 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 Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 10A1. Consider a resolution approving and authorizing the R.M. 1431 Water Tank • Construction Proiect to proceed and authorizing the Mayor to execute a Declaration of Water Storage Tank and Water Line Easement in Mayfield Park. Michael Thane, Director of Water/Wastewater Utilities made the staff presentation. RESOLUTION.NO. i J May 8, 2008 161 WHEREAS, the City of Round Rock ("City") desires to construct a water tank and related facilities ("Project") on a portion of property that it currently owns and which fronts on FM 1431; and WHEREAS, the Project requires the use of easements across a portion of public land designated for future use as a park, namely Mayfield Park; and WHEREAS, the City will require the permanent use of the parklands for the easements, and improvements to the water system of the City of Round Rock; and WHEREAS, in accordance with Sec. 26.002 of the Texas Parks and Wildlife Code, after due notice and publication, a public hearing on the aforesaid proposed easements was held on the 8th day of May, 2008; and • WHEREAS, Sec. 26.001 of the Texas Parks and Wildlife Code requires that prior to the City of Round Rock approving the use of the easements across the aforesaid public lands, the City must determine that (1) there is no.feasible and prudent alternative to the use of such lands and (2)the System includes all reasonable planning to minimize harm to the land; and WHEREAS, the City desires to formally approve the Project and.authorize it to proceed; and WHEREAS, the City desires to establish an easement upon and across a 1.451 acre parcel where the water tank and related facilities that are part of this Project are to be constructed; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, 1) That there is no feasible and prudent alternative to the use of easements across Mayfield Park for the Project, and 2) That the plans for the Project include all reasonable planning to minimize any harm to said parks. IT IS FURTHER RESOLVED, That the City Council hereby approves the Project and authorizes and directs that it proceed to completion at the location identified in the Exhibit to the Declaration of Water Storage Tank and Water Line-Easement. IT IS FURTHER RESOLVED, That the Mayor is hereby authorized and directed to execute on behalf of the City, a • Declaration of Water Storage Tank and Water Line Easement, 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 May, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None • ACTION: The motion carried unanimously. 10A2. Consider a resolution authorizing the Mayor to execute a Personal Services Contract with John H. Konzen for Project Administration and Inspection for the 2008-2010 Tank Rehabilitation Proiect. Michael Thane, Director or Water/Wastewater Utilities made the staff presentation. j 162 May 8, 2008 RESOLUTION NO. WHEREAS, the City of Round Rock. desires to retain personal services for Project Administration and Inspection for 2008-2010:Tank Rehabilitation Project, and WHEREAS, John H. Konzen has submitted an Agreement for Personal Services for Project Administration and Inspection for 2008-2010 Tank Rehabilitation Project to provide said services, and WHEREAS, the City Council desires to enter into saidl agreement with John H. Konzen, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized, and directed to, execute on behalf of the City an • Agreement for Personal Services for Project Administration and Inspection for 2008-2010 Tank Rehabilitation Project with John H. Konzen, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this,Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended, RESOLVED this 8th day of May, 2008.' MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Maxwell Nays: None ACTION: The motion carried unanimously. • ADJOURNMENT: There being no further business, the meeting adjourned at 8:48 p.m. Respectfully Submitted, Sara L. White, City Secretary 163 May 22, 2008 The Round Rock City Council met in Regular Session on Thursday, May 22, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. Mayor Maxwell called the session to order at 7:03 p.m. ROLL CALL: Those members present were Mayor Maxwell, 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, Mayor Elect Alan McGraw, and Councilmember Elect George White. PLEDGE OF ALLEGIANCE: Mayor Maxwell led the following Pledges of Allegiance: United States Flag Texas State Flag Following the Pledges, each one of the Councilmembers gave outgoing Mayor Maxwell i comments and words of encouragement regarding his leadership in the City of Round Rock for the past six years. Mayor Maxwell gave final comments to the Council, City staff,family and the,citizens of Round Rock. Mayor Pro-Tem Clifford presented Mayor Maxwell with a gift. SWEAR IN NEWLY ELECTED MAYOR AND COUNCILMEMBERS: Mayor Maxwell introduced Chief Justice Wallace Jefferson of the Supreme Court of the State of Texas who made addresses the City Council, Staff and citizens prior to the swearing in. 4A. Swear in Rufus Honeycutt for Council Place 1 4B. Swear in George White for Council Place 2 • 4C. Swear in Carlos T. Salinas for Council Place 4 4D. Swear in Alan McGraw as MaVor Rufus Honeycutt, George White, Carlos T. Salinas and Alan McGraw were all sworn in by Chief Justice Wallace Jefferson. The City Council adjourned for a`short recess. I 164 May 22, 2008 it The City Council reconvened at 7:45 pm. Mayor McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item: PROCLAMATIONS: • 6A. Consider a proclamation recognizing Nancy Rabb for her service as founding Chair of the Greater Round Rock Community Foundation. Nyle Maxwell shared achievements of Nancy Rabb during the time she has served as the founding Chair of the Greater Round Rock Community Foundation. Mayor McGraw read the following proclamation and presented it to Nancy Rabb. WHEREAS, the Round Rock community is only as strong as its most enduring public servants who willingly and selflessly give of their time and talents to others; and WHEREAS, Nancy Rabb, one of the City's most" respected leading advocates for community service has served so well as the Founding Chair of the Greater Round Rock Community Foundation Board of Governors;;and WHEREAS, Nancy valiantly led the Foundation from its inception and continued to serve in the position of Chair of the Board of Governors for three years; and WHEREAS, Nancy proactively assisted with financial support to the Foundation by making the first donation to its five-year operations campaign; and WHEREAS, Nancy dedicated her time; talents and treasure to grow the Foundation from i its infancy to its current level of success; and. WHEREAS, Nancy served as a gracious leader, representing and speaking on behalf of the Foundation to her friends and colleagues; and WHEREAS, Nancy worked not only to further the mission of the Foundation to inspire philanthropy, but personally inspired others by her example; NOW THEREFORE, I, Alan McGraw, Mayor of the City of Round Rock, Texas, do hereby recognize and thank Nancy Rabb for her service as Founding Chair of the Greater Round Rock Community Foundation and urge all citizens to thank her for her support of our community. PROCLAIMED this 22nd day of May 2008. Mayor McGraw continued with the order of the agenda. CITIZENS COMMUNICATIONS: David Cunningham spoke to the Council regarding transportation and CARTS in the City of Round Rock. Sally Decker spoke on transportation issues in the Citylfor persons with disabilities, and requested a review of CARTS. APPOINTMENTS: Mayor McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item: ti;. Til 165 May 22, 2008 11A. Consider the appointment of the Presiding Municipal Judge and an Associate Municipal Judge. David Kautz made the staff presentation. MOTION: Councilmember Honeycutt moved to appoint Dan McNery as Municipal Judge iand Troy Voelker as Associate Municipal Judge. 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 ACTION: The motion carried unanimously. Mayor McGraw continued with the order of the agenda. PROCLAMATIONS: 6A. Consider a proclamation recognizing Nancy Rabb for her service as founding Chair of the Greater Round Rock Community Foundation. This item was considered earlier in the meeting, out of order of the regular agenda. APPROVAL OF MINUTES: 7A. Consider approval of the City Council minutes for May 8, 2008..;<< MOTION: Councilmember White moved to approve all the items on the consent agenda. 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 ACTION: The motion carried unanimously. • PRESENTATIONS: SAL Consider a presentation regarding a draft report of the proposed Impact Fees for customers connecting to the City's water and wastewater systems. Michael Thane, Water/Wastewater Utilities Director made the staff presentation, and then introduced Tony 166 May 22, 2008 Bagwell, from HDR who gave an overview of the draft consultant's report of the Water and Wastewater Impact Fees for the City of Round Rock. The fees were last updated in 2004. 8A2. Consider a presentation regarding the Deep Water Intake Site Study for the Brushy Creek Regional Utility Authority's regional water treatment project. Michael Thane, Director of Water/Wastewater Utilities Director made the staff presentation. He explained that the Deep Water Intake Site Study is part of Phase 2 of the Brushy Creek Regional Water project with Cedar Park and Leander. Mr. Thane introduced Drew Hardin with Jacobs, Carter& Burgess who continued the presentation and presented the findings and results of the engineering study. ORDINANCES: 9A1. Consider an ordinance approving and adoptink,,the Forest Creek Golf Course Capital Budget for FY 2007-2008. (First Reading)(Reguires Two Readings) Cindy Demers, f Finance Director made the staff presentation. AN ORDINANCE ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2007-2008. • MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas i Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9131. Consider an ordinance amending Garbage Collection Rates for Residential Customers. (First Read ing)(Reguires Two Readings) Tom Word, Director of Public Works made the staff presentation. Staff made the recommendation to revisit the cost of fuel regarding • garbage collection with Round Rock Refuse every six months,;with the first time being in October 2008. AN ORDINANCE AMENDING CHAPTER 6,: SECTION 6.615, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE GARBAGE COLLECTION SERVICE CHARGES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. y 167 May 22, 2008 MOTION: Councilmember Honeycutt moved 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 ACTION: The motion carried unanimously. . Y 9C1. Consider an ordinance amending water rates to promote the conservation of water. (First Read ing)(Requires Two Readings) MOTION: Councilmember Whitfield moved to table the item. 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 ACTION: The motion carried unanimously. RESOLUTIONS: 10A1. Consider a resolution setting the date, time, and place for a Public Hearing regarding a proposed ordinance amending the land use assumptions,the capital improvements plan, and/or the water and wastewater impact fees. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. WHEREAS, Sections 395.053 and 395.054, Texas Local Government Code, require a municipality modifying impact fees to adopt a resolution setting a public hearing date to consider updates to the land use assumptions and capital improvements plan and amendments to the impact fees for the designated service area, and • WHEREAS, the City has determined the land use assumptions, capital improvements plan and/or the impact fees need to be updated, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of the public hearing in order to comply with said Texas Local Government Code requirements for same, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That a public hearing to consider updates to the land use assumptions and capital improvements plan and amendments to the impact fees for the designated service area be held on the 10th day of the month of July, 2008, at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County,Texas. 168 May 22, 2008 The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of May, 2008. 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 ACTION: The motion carried unanimously. 10131. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with Greenlander, LLC for vegetation control services. Tom Martin, Transportation Services Director made the staff presentation.' WHEREAS, the City of Round Rock has previously entered into an Agreement for • Purchase of Vegetation Control Services ("Agreement") with Greenlander, LLC, and WHEREAS, Greenlander, LLC has submitted Supplemental Agreement No. 3 to the Agreement to renew the contract term, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 3 with Greenlander, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 3 to the Agreement for Purchase of Vegetation Control Services with Greenlander, LLC, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 22nd day of May, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember 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 ACTION: The motion carried unanimously. 169 May 22, 2008 APPOINTMENTS: 11A. Consider the appointment of the Presiding Municipal Judge and an Associate Municipal Judge. This item was considered earlier in the meeting, out of order of the regular agenda. 11B. Consider the appointment of a Council representative to the Economic Development Program Oversight Committee. Jim Nuse, City Manager made the staff presentation. MOTION: Councilmember Rhode moved to appoint by acclamation Mayor McGraw to the Economic Development Program Oversight Committee. 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 ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 9:08 p.m. Respectfully Submitted, Sara L. White, City Secretary • I 170 June 12, 2008 The Round Rock City Council met in Regular Session on Thursday,June 12, 2008, 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 7:01 p.m. ROLL CALL:Those members present were Mayor McGraw, Mayor Pro-Tem Joe Clifford, • Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Couhcilmember 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 CITIZENS COMMUNICATIONS: The following people spoke on funding for the arts:. Sandra Meyer, 941 Hesters Crossing Rd #1109, Round Rock • Jim Putnam, 1108 Ravens Cove, Cedar Park Susan Putnam, 1108 Ravens Cove, Cedar Park Christina Brown, 20632 Farm Pond Lande, Pflugerville. Randi Bolding, 2610 Hill Street Cove, Round Rock Kirsten Woldman, 13239 Armaga Springs Road, Austin Michelle Mayfield, 1129 Wilderness Path, Round Rock Ron Butler, 11310 Spicewood Club Drive#14, Austin Chris`Hornsby, 36Q5 Windhill Loop, Round Rock Nod,RasmuSsen, 1106 Sundrop Place, Round Rock John Moman, 1701 Johnson Way, Round Rock congratulated Rufus Honeycutt on a successful campaign in the May 10, 2008 election. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion.There was no separate discussion on any of these items. Item 9C1 was removed from the consent agenda and considered in its regular place on the agenda. • * 6A. Consider approval of the City Council minutes for MaV 22 2008. *9A1. Consider an ordinance approving and adopting;the Forest Creek Golf Course Capital Budget for FY 2007-2008. (Second Reading) 10C1. Consider a resolution authorizing a property tax refund to Cintas R Us LP for p p v 2007 taxes in the amount of$2,731.23. ' r 17-1 June 12, 2008 *10C2. Consider a resolution authorizing a property tax refund to Tri Fusion LP for 2007 taxes in the amount of$18,589.30. *10C3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Cedar Park allowing cooperative purchasing between the two cities. • MOTION: Councilmember Whitfield moved to approve all the items on the consent agenda. 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 ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for May 22, 2008. This item was approved under the consent agenda. • PRESENTATIONS: 7A1. Consider a presentation of the Tourism Commission's recommendations for Hotel Occupancy Tax Funding for fiscal year 2008-2009. Nancy Yawn, Director of the Convention and Visitor's Bureau made the staff presentation. Ms. Yawn reviewed with the Council the recommendations that have been made by the Tourism Commission for funding for fiscal year 2008-2009. 7131. Consider a presentation from the BWM Group regarding Round Rock Gateway Signs. Tim Bargainer from the BWM Group made the presentation and showed the Council six different concepts that were designed for the new City of Round Rock gateway signs. Councilmembers provided feedback as to which concepts they liked and disliked and what • aspects of some they like over others. 7C1. Consider a presentation regarding the red light camera Automated Traffic Enforcement Program. David Bartels made the staff presentation. He reviewed current red light running statistics with the Council, presented the plan for the red light camera program and outlined the time frame and steps necessary to put it in place. s i 172 June 12, 2008 7D1. Consider a presentation regarding a proposed ordinance to allow gated residential development and non-residentiaWrivate streets. Jim Stendebach, Planning and Community Development Director made the,staff presentation. He briefed the Council on the history behind the item and reviewed, in detail,the proposed!ordinance that would allow gated communities but only with specific PUD zoning. PUBLIC HEARINGS: 8A1. Consider public testimony regarding the request filed by Camco Land, LTD to amend the use of 2.132 acres in the Chandler Creek Municipal Utility District Land Use Plan. 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. 8A2. Consider public testimony regarding the proposal to originally zone 14.450 acres of land located at the southwest corner of the intersection of County Road 112 and A.W. Grimes Boulevard to Public Facilities — High Intensity. (Also known as the Texas A&M Health Science Center—Round Rock) This item was removed from the agenda at the request of staff. 8A3. Consider public testimony regarding the rezoning of 9.959 acres of land at the northwest corner of the intersection of Chisholm Trail Road and Old Settler Boulevard from Light. Industrial to General Commercial — Limited. 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: *9A1. Consider an ordinance approving and adopting the Forest Creek Golf Course Capital Budget for FY 2007-2008. (Second Reading) This item was approved under the consent agenda. • AN ORDINANCE ADOPTING A BUDGET FOR THE FOREST CREEK GOLF COURSE FOR FISCAL YEAR 2007-2008. 9131. Consider an ordinance amending Section 2.1401 of the Code of Ordinances i .adding an affirmative defense for the owner of cats running at large. (First Reading) This item was removed from the agenda at the request of Councilmember Honeycutt. 173 June 12, 2008 9C1. Consider an ordinance amending Garbage Collection Rates for Residential Customers. (Second Reading) Tom Word, Chief of Public Works made the staff presentation. He informed the Council that the US Department of Energy adjusted their projections for fuel costs for 2008 and therefore the Council was presented with two options for the second ;`• reading of the ordinance. Option A would amend the rate from $12.00 to $12.58 and Option B would amend the rate from $12.00 to$12.81. AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.615, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY AMENDING THE GARBAGE COLLECTION SERVICE CHARGES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the Option B 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 ACTION: The motion carried unanimously. Mayor McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item: 10D2. Consider a resolution authorizing the Mayor to execute the Fourth Amendment to the Refuse Collection Contract with Round Rock Refuse. Tom Word, Chief of Public Works made the staff presentation in conjunction with the previous item, 9C1. Mr. Word again presented an Option A and an Option B based on the projections from the Department of Energy. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") has previously entered into a Refuse Collection Contract ("Contract") with Round Rock Refuse, Inc. ("Contractor"), and has entered into subsequent amendments, and WHEREAS,the City and Contractor wish to again amend the Contract, and WHEREAS, the City Council now desires to enter into a Fourth Amendment to Refuse Collection Contract with Round Rock Refuse, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Fourth Amendment to Refuse Collection Contract with Round Rock Refuse, 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 I 174 June 12, 2008 the subject matter hereof 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 June, 2008. MOTION: Councilmember Rhode moved to approve the Option B resolution and execute the Fourth Amendment to the Refuse Collection Contract. 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 ACTION: The motion carried unanimously. Mayor McGraw continued with the order of the agenda. 9D1. Consider an ordinance amending Chapter 9 Section 9.1816 of the Code of Ordinances prohibiting the parking of vehicles on a portion of Hermitage Drive. (First Reading) (Requires Two Readings) John Dean, Transportation Servicers Project Manager made the staff presentation. • 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 HERMITAGE DRIVE; 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 Mayor Pro-Tem Clifford Councilmember Salinas ' Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9D2. Consider an ordinance prohibiting the parking of vehicles on a portion of Lamar Drive. (First Reading) (Requires Two Readings) John Dean, Transportation Services Project Manager made the staff presentation. 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 LAMAR DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 175 June 12, 2008 MOTION: Councilmember Salinas moved 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 ACTION: The motion carried unanimously. 9E1. Consider an ordinance annexing 0.812 acres of land located at the northwest corner of Old Settlers Boulevard and Red Bud Lane. (First Reading) Jim Stendebach made the staff presentation. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF ROUND ROCK, TEXAS, TO WIT: 0.812 ACRE 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. 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 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 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. 176 June 12, 2008 9E2. Consider an ordinance rezoning 9.959 acres sof land located at the northwest corner of the intersection of Chisholm Trail Road and Old Settler Boulevard from Light Industrial to General Commercial — Limited. (First Reading) Jim Stendebach made the staff presentation. Mr. Stendebach requested the Council only consider the first reading of the ordinance at this meeting. • AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCESI(1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 9.959 ACRES OF LAND, LOCATED AT THEi INTERSECTION OF FM 3406 AND CHISHOLM TRAIL ROAD,, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL)TO DISTRICT C-1A (GENERAL COMMERCIAL- LIMITED). MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None • ACTION: The motion carried unanimously. 9E3. Consider an ordinance annexing 14.450 acres of land located at the southwest corner of the intersection of County Road 112 and A.W. Grimes Boulevard. (Also known as the Texas A&M Health Science Center—Round Rock) (First Reading) This item was removed from the agenda at the request of staff. 9E4. Consider an ordinance to zone 14:450 acres of land located at the southwest corner of the intersection of Countv Road 112 and A.W. Grimes Boulevard as Public Facility— High Intensity. (Also known as the Texas A&M Health ScienceiCenter—Round Rock) (First Reading) This item was removed from the agenda at the request of staff. RESOLUTIONS: I 10A1. Consider a resolution declaring the Charter Amendments from the City of Round Rock's General and Special Election of May 10, 2008 are adopted. ,Steve Sheets, City Attorney made the presentation. He informed the Council that this is the final step in ,adopting the Charter Amendments approved by the voters in the May 10, 2008 Election. RESOLUTION NO. L5 '.1'c„�1 S 1 •S 7�kJt- t y5 17° June 12, 2008 RESOLUTION DECLARING THAT CHARTER AMENDMENTS FROM THE CITY OF ROUND ROCK'S GENERAL AND SPECIAL ELECTION OF MAY 10, 2008 ARE ADOPTED WHEREAS, the City Council of the City of Round Rock ordered a general and special election to be held May 10, 2008 for, among other purposes, submission to voters of certain proposed amendments to the Home Rule Charter of the City; and WHEREAS, lawful canvass and declaration of results of said election was made on May 20, 2008 in accordance with Chapter 67 of the Texas Election Code; WHEREAS, the Council now wishes to ratify such results in accordance with Texas Local Government Code, Section 9.005(b). NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 1. That the City Council officially finds and determines that the following votes were cast by the resident, qualified electors of the City who voted at the election held for the purpose of submitting to voters certain proposed amendments to the Home Rule Charter of the City: PROPOSITION NO. 1 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, PROVIDING FOR ASSISTANT(S) TO THE MAYOR AND COUNCIL APPOINTED BY THE CITY MANAGER, WHICH ASSISTANT(S) SHALL BE DIRECTED AND SUPERVISED BY THE CITY MANAGER, MAYOR, AND COUNCIL. Total Votes Received Yes, the above described Charter amendment shall be adopted 1,821 votes No, the above described Charter amendment shall not be adopted 719 votes • PROPOSITION NO. 2 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, REMOVING PUBLICATION REQUIREMENTS AND ADDING A PROVISION THAT THE COUNCIL MAY BY ORDINANCE ESTABLISH ADDITIONAL PUBLICATION REQUIREMENTS. Total Votes Received Yes, the above described Charter amendment shall be adopted 1,497 votes No, the above described Charter amendment shall not be adopted 987 votes PROPOSITION NO. 3 AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND ROCK, TEXAS, PROVIDING THAT THE CHARTER REVIEW COMMISSION SHALL PRESENT ITS FINDINGS AND PROPOSALS TO COUNCIL IN A WRITTEN REPORT CONFORMING TO CERTAIN REQUIREMENTS AND BEING SIGNED BY AT LEAST A MAJORITY OF ITS MEMBERS. Total Votes Received Yes, the above described Charter amendment shall be adopted 2,233 votes No, the above described Charter amendment shall not be adopted 314 votes • 2. That the City Council officially finds, determines and declares the result of the election to be that all propositions passed, and declares that all charter amendments are adopted in accordance with Texas Local Government Code, Section 9.005(b). 3. That the provisions of this Resolution are severable; and in case any one or more of the provisions hereof 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. 4. 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 178 June 12, 2008 that such meeting was open to the public 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 the month of June, 2008. MOTION: Councilmember Whitfield 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 ACTION: The motion carried unanimously. 10131. Consider a resolution authorizing the Mayor to execute an agreement and development plan for 2.132 acres in the Chandler Creek Municipal Utility District. Jim Stendebach made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock, ("City") has previously entered into an Agreement Concerning Creation and Operation of The Meadows at Chandler Creek Municipal Utility District ("Agreement") dated May 10, 1984 whereby the City consented to the creation of the District, and WHEREAS, the Agreement provides that the City must approve any changes to Land Use Designations within the District, and WHEREAS, CAMCO Land, Ltd., the owner of property within the District-has submitted a proposed amended Land Use Plan to the City for its review and approval, and WHEREAS, the City's Planning and Zoning Commission has reviewed the Land Use Plan and has recommended.its approval, and WHEREAS, the City and CAMCO Land, Ltd. desire to enter into an Agreement and Development Plan for a 2.132 acre tract, in the Meadows of Chandler Creek Municipal Utility District, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement and Development Plan for a 2.132 acre tract, in the Meadows of Chandler Creek Municipal Utility District, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of June, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford 179 June 12, 2008 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. *10C1. Consider a resolution authorizing a property tax refund to Cintas R Us LP for • 2007 taxes in the amount of$2,731.23. This item was approved under the consent agenda. pp g 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, Cintas R Us LP has made an overpayment or erroneous payment of 2007 taxes in the amount of$2,731.23; that such amount is in excess of $500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers. The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of$2,731.23. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such • meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2008. *10C2. Consider a resolution authorizing a property tax refund to Tri Fusion LP for 2007 taxes in the amount of$18,589.30. 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, Tri Fusion LP has made an overpayment or erroneous payment of 2007 taxes.in the amount of$18,589.30;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$18,589.30. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2008. i 180 June 12, 2008 *10C3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Cedar Park allowing cooperative purchasing between the two cities This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government; Code, V.T.C.A., authorizes local • governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal-Agreement with the City of Cedar Park for cooperative purchasing between the two cities using each other's respective bid terms and agreements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the City of Cedar Park, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all time during which this Resolution and the subject matter hereof 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 June, 2008. 10D1. Consider a resolution authorizing the reimbursement to Chelsea Property Group i for the cost of waterline main oversizing for the Teravista Parkway and Oakmont Drive Roadway project. Tom Word, Chief of Public Works made the staff presentation. • RESOLUTION NO. WHEREAS, §8.503 Code of Ordinances (1995 Edition) provides for the reimbursement for the oversizing of water mains, and WHEREAS, Chelsea Property Group has submitted a reimbursement request for the oversizing of water mains associated with the Teravista Parkway and Oakmont Drive Roadway Project, and WHEREAS, the City Council wishes to approve said reimbursement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the reimbursement to Chelsea Property Group of $28,844.82, which is the cost of oversizing water mains associated with the Teravista Parkway and Oakmont Drive Roadway 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 time's during which this Resolution and the subject matter hereof 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 June, 2008. • MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas I Councilmember Rhode Councilmember Whitfield i 181 June 12 2008 Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10D2. Consider a resolution authorizing the Mayor to execute the Fourth Amendment to the Refuse Collection Contract with Round Rock Refuse. This item was considered earlier in the meeting, out of the regular order or the agenda. 10E1. Consider a resolution authorizing the Mavor to execute an Agreement for. Grounds Maintenance Services with International Building Services. This item was removed from the agenda at the request of staff. 10E2. Consider a resolution authorizing the Mavor to execute the Supplemental Contract No. 2 to the Contract for Engineering Services with PBS&J for the Creek Bend Boulevard Project. John Dean; Transportation Services Project Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with PBS&J for the design of the extension of Creek Bend Boulevard from • Creek Bend Circle to Wyoming Springs Drive, and WHEREAS, PBS&J has submitted Supplemental Contract No. 2 to the Contract to modify the provisions for the scope of services and to increase the fees, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 2 with PBS&J, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,_ That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 2 to the Contract with PBS&J, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 12th day of June, 2008. 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 ACTION: The motion carried unanimously. i 182 June 12, 2008 10E3. Consider a resolution authorising the Mayor to execute a Memorandum of Agreement with the Texas Commission on Environmental Quality (TCEQ) in support of the Texas Heavy-Duty Vehicle Idling Rule. John Dean,Transportation Services Project Manager made the staff presentation. RESOLUTION NO. • WHEREAS, the City of Round Rock has previously entered into an Early Action Compact Agreement ("Agreement") with the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) in order to proactively and effectively address the region's air quality issues, and WHEREAS, the City of Round Rock has, with other communities in the region, developed and approved the Clean Air Action Plan that consists of numerous state and locally- implemented measures to improve the area's air quality, and WHEREAS, the City of Round Rock is committed to implement the measures in the Clean Air Action Plan per Early Action Compact requirements, and WHEREAS, the TCEQ has incorporated the Clean Air Action Plan into the State Implementation Plan ("SIP"), making the measures in thei Clean Air Action Plan state and federally enforceable, and WHEREAS, one of the measures included in the Clean Air Action Plan and the SIP is the state rule for locally enforced motor vehicle idling limitations;and WHEREAS, implementation of the state rule for locally enforced motor vehicle idling limitations requires local governments to enter into a Memorandum of Agreement (MOA) with TCEQ for local implementation and enforcement of the rule, and WHEREAS, implementation of the state rule for locally enforced motor vehicle idling limitations also requires local governments to submit a detailed implementation plan to TCEQ • Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The City of Round Rock hereby approves theiMemorandum of Agreement and the Implementation Plan for the Texas Heavy-Duty Vehicle Idling Rule, attached hereto as Exhibits "A" and "B", respectively, and incorporated herein for all purposes. 2. The Mayor is hereby authorized and directed to execute on behalf of the City the Memorandum of Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June, 2008. MOTION: Councilmember Rhode moved to approve the resolution. 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 ACTION: The motion carried unanimously. APPOINTMENTS: -jA 1 183 June 12, 2008 11A. Consider the appointment of the Mayor Pro-Tem. MOTION: Councilmember Honeycutt moved to appoint, by acclamation,Joe Clifford as Mayor Pro-Tem. 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 ADJOURNMENT: There being no further business,the meeting adjourned at 9:43 p.m. Respectfully Submitted, Sara L. White,City Secretary • r. • 184 June 26, 2008 The Round Rock City Council met in Regular Session on Thursday,June 26, 2008, 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 7:05 p.m. ROLL CALL: Those members present were Mayor McGraw, Mayor Pro-Tem Joe Clifford • Y , Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Scott Rhode, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz and City Attorney Steve Sheets. Councilmember Carlos T. Salinas was absent from this meeting. ; PLEDGE OF ALLEGIANCE: Mayor:McGraw.led,the.follow'ing Pledges of Allegiance: . United States Flag Texas State Flag CITIZENS COMMUNICATIONS: Dr. Paul McCartney, 111 E Old Settlers Blvd, Round Rock spoke on the Mayor's Council on • fitness walk on July 4th Dale Damm, 1503 E. Mesa Park, spoke to the Council on traffic and crime on Mesa Park and requested that the speed limit be lowered to 20 mph. Cathy Munson, 6100 Gena Court, Austin.representing her mother Dorothy Walsh Munson at 107 N. San Saba expressed gratitude to the City for their historical designation on their house. Nancy Campbell, 1512 Woodhill Drive, spoke to the Council regarding her last month's water bill and the $1.00 donation to the Friendly Rock that is now included on all water bills. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion.There was no separate discussion on any of these items and,no items were removed from • the consent agenda. *6A. Consider approval of the City Council minutes for June 12, 2008. *9A1. Consider an ordinance amending Chapter 9, Section 9.1816 of the Code of Ordinances prohibiting the parking of vehicles on a portion of Hermitage Drive. (Second Reading) 185 June 26, 2008 *9A2. Consider an ordinance prohibiting the parking of vehicles on a portion of Lamar Drive. (Second Reading) *9A3. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Liberty Avenue at San Saba Street, Harris Street at Main Street, and Blair Street at Main Street. (First . Read ing)(Requires Two Readings) *9A4. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenwood Street at Briarwood Street, Tanglewood Street at Briarwood Street, Glenwood Street at Brentwood Street, and Tanglewood Street at Brentwood Street. (First Read ing)(Requires Two Readings) t *9A5. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenmeadows Dr at Meadows Dr, Highmeadows Cove at Meadows Dr, and Glenwood Cove at Meadows Dr. (First Reading)(Reguires Two Readings) *9B1., Consider an ordinance amending Section 3.1500, Code of Ordinances regarding the Building Standards Commission to correct a state statute reference. (First Reading) *10A1.Consider resolution authorizing the Mayor to approve a Grant Application for an Advanced Vehicle Tracking System (AVTS). *10B1. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Graphic Design and Printing of Annual Budget Book with GoGo Creative, Inc. *10D1.Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to Agreement for Engineering Services with Chiang, Patel &Yerby, Inc. *10E1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for Household Hazardous Waste Collection Activities/Waste Disposal Service with Philip Reclamation Services Houston, Inc. *10E2. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Cationic Polymer from Polvdyne, Inc. *10E3. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Ammonium Sulfate from General Chemical Performance Products, LLC. *10E4. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Aluminum Sulfate with 2% Copper Sulfate from General Chemical Performance Products, LLC. 186 June 26, 2008 *10E5. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Hydrofluosilicic Acid from Pencco, Inc. *10E6. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Chlorine (150 pound cylinders)from DPC Industries, Inc. *10E7. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Belt Press Polymer from Fort Bend Services, Inc. *10E8. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Aluminum Sulfate from General Chemical Performance'Products, LLC. *10F1. Consider a resolution authorizing the Mayor to execute an Agreement for rental of portable chemical toilets with Howse Brothers Sanitation Services, Inc. dba United Site Services. MOTION: Councilmember Rhode moved,to approve all the items on the consent agenda. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro=Tem Clifford Councilmember Rhode Councilmember Whitfield • Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Whitfield moved to dispense with the second reading of item 9131 with the unanimous consent of all the Councilmpmbers present and to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford- Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. • APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for June 12, 2008. This item was approved under the consent agenda. PRESENTATIONS: iY t -tr= .'f 1 r 187 June 26, 2008 7A1. Consider a presentation on the results of the 2008 biennial customer service survey. This item was removed from the agenda at the request of staff due to illness of the speaker. PUBLIC HEARINGS: 8A1. Consider public testimony regarding granting partial exemption from ad valorem taxes for qualified historical properties located within the City of Round Rock. Joelle Jordan made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: *9A1. Consider an ordinance amending Chapter 9, Section 9.1816 of the Code of Ordinances prohibiting the parking of vehicles on a portion of Hermitage Drive. (Second Reading) This item was approved under the consent agenda. 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 HERMITAGE DRIVE; PROVIDING FOR A SAVINGS CLAUSE'AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. • *9A2. Consider an ordinance prohibiting the parking of vehicles on a portion of Lamar Drive. (Second Reading) This item was approved under the consent agenda. 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 LAMAR DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9A3. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Liberty Avenue at San Saba Street, Harris Street at Main Street, and Blair Street at Main Street. (First Reading) (Requires Two Readings) 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 SAN SABA STREET AT LIBERTY AVENUE, HARRIS STREET AT MAIN STREET, AND BLAIR STREET AT MAIN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9A4. Consider an ordinance replacing Yield Signs with..Stop Signs at the intersections of Glenwood Street at Briarwood Street, Tanglewood Street at Briarwood Street, Glenwood Street at Brentwood Street, and Tanglewood Street at Brentwood Street. (First Reading) (Requires Two Readings) 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 GLENWOOD STREET AT BRIARWOOD STREET, TANGLEWOOD STREET AT BRIARWOOD STREET, GLENWOOD STREET AT BRENTWOOD STREET, AND TANGLEWOOD STREET AT BRENTWOOD STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. -188 June 26, 2008 *9A5. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenmeadows Dr at Meadows Dr Hi hmeadows Cove at Meadows Dr, and Glenwood Cove at Meadows Dr. (First Reading) (Requires Two Readings) This item was approved under the consent i agenda. AN ORDINANCE AMENDING THE TRAFFIC CODE-BY REPLACING THE YIELD SIGNS WITH STOP SIGNS AT THE INTERSECTIONS OF GLENMEADOWS DRIVE AT MEADOWS DRIVE, HIGHMEADOWS COVE AT MEADOWS DRIVE, AND GLENWOOD COVE AT MEADOWS DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR•RESOLUTIONS. *9131. Consider an ordinance amending Section 3.1500, Code of Ordinances regarding the i Building Standards Commission to correct a state statute reference. (First Reading) This item was approved under the consent agenda.. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1501(1) IAND SECTION 3.1502(1), CODE OF ORDINANCES, 1995 EDITION, CITY OF ROUND ROCK, TEXAS, TO REFERENCE CHAPTER 54, SUBCHAPTER C, PERTAINING TO THE BUILDING AND STANDARDS COMMISSION; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9C1. Consider an ordinance amending the consideration paid by Atmos Energy Corp. for the Gas Franchise from 4% to 5% of gross revenues. (First Reading) (Requires Two Readings) Cindy Demers, Finance Director made the staff presentation. AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE WITH ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION;' PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; 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 White Mayor Pro''Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas -ACTION: The motion carried unanimously. • 9D1. Consider an ordinance granting partial exemption from ad valorem taxes for qualified historical properties located within the City limits of Round Rock which 'comply with Chapter 11, Section 11.316 of the Code of Ordinances. (First Reading) The (presentation for this item was made earlier in the meeting during the public hearing: AN ORDINANCE GRANTING A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR CERTAIN 189 June 26, 2008 QUALIFIED HISTORICALLY SIGNIFICANT PROPERTIES LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Whitfield Mayor McGraw Nays: None Abstain: Councilmember Rhode Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Whitfield moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Whitfield Mayor McGraw Nays: None Abstain: Councilmember Rhode Absent: Councilmember Salinas ACTION: The motion carried unanimously. 9D2. Consider an ordinance amending Chapter 8, Code of Ordinances (1995 Edition), to allow gated residential development and non-residential private streets. (First Reading) Jim Stendebach, Planning and Community Development made the staff presentation. AN ORDINANCE AMENDING CHAPTER 8, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ADOPT REGULATIONS AND PROVISIONS ALLOWING GATED COMMUNITIES AND NON-RESIDENTIAL PRIVATE STREET DEVELOPMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Y Y Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield =190 June 26, 2008 -Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Whitfield moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 9E1. Consider an ordinance amendink water rates to ipromote the conservation of water. i (First Reading) (Requires Two Readings) This item was removed from the agenda at the request of staff. RESOLUTIONS: i • *10A1.Consider resolution authorizing,the Mayor to approve a Grant Application for an Advanced Vehicle Tracking System (AVTS). This-item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the U.S. Department of Homeland Security has grant funds available to cities for various law enforcement projects, and WHEREAS, grant funds are available through the CEDAP (Commercial Equipment Direct Assistance Program)to fund an Advanced Vehicle Tracking System, and WHEREAS, the City Council wishes to make application for the grant to provide financial assistance for the above-described system, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to make the necessary application for the above-described grant. The City Council hereby finds and declares that written, notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and.the subject matter hereof were discussed, considered and formally acted upon, all as.required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 26th day of June, 2008. I *10131. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Graphic Design and Printing of Annual Budget Book with GoGo Creative, Inc. This item was approved under the consent agenda. RESOLUTION NO. -19:1 June 26, 2008 WHEREAS, the City of Round Rock has duly advertised for bids for graphic design and printing of annual budget book, and WHEREAS, GoGo Creative, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of GoGo Creative, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Graphic Design and Printing of Annual Budget Book and a Work Made for Hire Agreement with GoGo Creative, Inc., a.copy of said Agreements being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. 10C1. Consider a resolution authorizing the MaVor to execute an Agreement for Architectural/Engineering Design Services for the City Hall Policy Center with Austin Architecture Plus, Inc. dba Architecture+ Plus. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural/engineering services for the design of the City Hall Policy Center, and WHEREAS, Austin Architecture Plus, Inc. has submitted a Standard Form of Agreement • Between Owner and Architect ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires to enter into said Agreement, and Supplemental Agreement No. 1 with Austin Architecture Plus, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Architect, and Supplemental Agreement No. 1 with Austin Architecture Plus, Inc. for the design of the City Hall Policy Center, 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 June, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford • Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 192 June 26, 2008 10C2. Consider a resolution authorizing the Mayor to execute a Construction Contract with Austin Engineering Co., Inc. for the Bowman Road Drainage Improvements. Danny Halden, City Engineer made the staff presentation. RESOLUTION N0. WHEREAS, the City of Round Rock has duly advertised for bids for the Bowman Road Drainage Improvements Project, and . WHEREAS, Austin Engineering Co., Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to�accept the bid of Austin Engineering Co., Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Engineering Co., Inc. for the Bowman Road Drainage Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. 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 Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. *10D1.Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to Agreement for Engineering Services with!Chiang, Patel &Yerby, Inc. for the Old Settlers Boulevard (Kiphen Road) Phase II Proiect. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously"entered into an Agreement for Engineering Services ("Agreement") with Chiang, Patel & Yerby, Inc. for the preparation of schematics, environmental documents, plans specifications, and estimates (PS&E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122 (Kiphen Road Phase II Project), and WHEREAS, Chiang, Patel &Yerby, Inc. has submitted Supplemental Agreement No. 5 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 5 with Chiang, Patel &Yerby, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 193 June 26, 2008 That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 5 to the Agreement with Chiang, Patel & Yerby, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject. of the meeting at which this Resolution was adopted was posted and that such J g p meeting was Open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2008. 10D2. Consider a resolution authorizing the Mavor to execute a Contract for Engineering Services with Klotz Associates. Inc. for the WVoming Springs Drive — Widening Proiect. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the Wyoming Springs Drive—Widening Project, and WHEREAS, Klotz 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 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 a Contract for Engineering Services with Klotz Associates, Inc. for the Wyoming Springs Drive — Widening 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 June, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. • 10D3. Consider a resolution authorizing the Mavor to execute an Agreement for Grounds Maintenance Services with International Building Services. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for grounds maintenance services, and ,194 June 26, 2008 WHEREAS, International Building Services has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of International Building 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 Purchase of Grounds Maintenance Services with International Building Services, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and9 the subject matter hereof 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 June, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. *10E1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 for Household Hazardous Waste Collection Activities/Waste Disposal Service • with Philip Reclamation Services Houston, .Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into an Agreement with Philip Reclamation Services Houston, Inc. for Household Hazardous;Waste Collection Activities/Waste Disposal Service ("Agreement"), and WHEREAS, Philip Reclamation Services Houston, Inc. has submitted Supplemental Agreement No. 2 to the Agreement to renew the contract term, and WHEREAS, the City Council desires to 'enter into said Supplemental Agreement No. 2 with Philip Reclamation Services Houston, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Household Hazardous Waste Collection Activities/Waste Disposal Service with Philip Reclamation Services Houston, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein;for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place- and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. i I 195 June 26, 2008 *10E2. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Cationic Polymer from Polydyne, Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water • treatment chemicals, and WHEREAS, Polydyne, Inc. has submitted the lowest responsible bid, and WHEREAS,the City Council wishes to accept the bid of Polydyne, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Liquid Cationic Polymer From Polydyne, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. *10E3. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Ammonium Sulfate from General Chemical Performance Products, LLC. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, General Chemical Performance Products, LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of General Chemical Performance Products, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Liquid Ammonium Sulfate From General Chemical Performance Products, LLC, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted. was posted and that such meeting was open to the publicus required by law at all times during which this Resolution and the subject matter hereof 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;June, 2008. • *10E4. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Aluminum Sulfate with 2% Copper Sulfate from General Chemical Performance Products, LLC. This item was approved under the consent agenda. RESOLUTION N 0. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and 196 June 26, 2008 WHEREAS, General Chemical Performance Products, LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of General Chemical Performance Products, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Liquid Aluminum Sulfate With 2% Copper Sulfate From General Chemical Performance Products, LLC, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein; and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all time's during which this Resolution and the subject matter hereof 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 June, 2008. *10E5. Consider a resolution authorizing the Mavor to execute an agreement for the purchase of Hydrofluosilicic Acid from Pencco, Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, Pencco, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Pencco, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an • Agreement for Purchase of Water Treatment Chemicals Hydrofluosilicic Acid From Pencco, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. *10E6. Consider a resolution authorizing the Mavor to execute an agreement for the purchase of Chlorine (150 pound cylinders) from DPC Industries, Inc. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised,for bids for the purchase of water treatment chemicals, and WHEREAS, DPC Industries, Inc: has submitted the lowest responsible bid, and • WHEREAS, the City Council wishes,to accept the bid of DPC Industries, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Chlorine (150 Ib. Cylinders) From DPC Industries, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 197 June 26, 2008 the subject matter hereof 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 June, 2008. *10E7. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Belt Press Polymer from Fort Bend Services, Inc. This item was approved under the consent agenda. • RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, Fort Bend Services, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Fort Bend Services, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Belt Press Polymer From Fort Bend Services, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. • *10E8. Consider a resolution authorizing the Mayor to execute an agreement for the purchase of Liquid Aluminum Sulfate from General Chemical Performance Products, LLC. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water treatment chemicals, and WHEREAS, General Chemical Performance Products, LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of General Chemical Performance Products, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Treatment Chemicals Liquid Aluminum Sulfate From General Chemical Performance Products, LLC, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. 10E9. Consider a resolution authorizing the Mayor to execute a Construction Contract with Landmark Structures I, L.P. for construction of the RM 1431-2.0 MG Elevated Water Storage Tank. Michael Thane, Utilities Director made the staff presentation. i -198 June 26, 2008 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the RM 1431 - 2.0 MG Elevated Water Storage Tank Project, and WHEREAS, Landmark Structures I, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Landmark Structures I, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Landmark Structures I, L.P. for the RM 1431 2.0 MG Elevated Water Storage • Tank 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 time's during which this Resolution and the subject matter hereof 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 June, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 10E10. Consider a resolution authorizing the Mayor to execute Change Order No. 2 to the construction contract with Cash Construction Company. Ltd. for the RM 1431 36-Inch Water Line Improvements Project. Michael Thane, Utilities Director imade the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with Cash Construction Company, Ltd. for the RM 1431 36-Inch Water Line Improvements Project, and WHEREAS, the Council has determined that it is necessary to make changes to the quantity of work to be performed or materials, equipment, or, supplies to be provided, and WHEREAS, it has been determined; that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 2, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed ;to execute on behalf of the City Contract Change Order No. 2 to the Contract with Cash Construction Company, Ltd. for the RM • 1431 36-Inch Water Line 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 time's during which this Resolution and the subject matter hereof 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 June, 2008. 5 199 June 26, 2008 MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 10E11. Consider a resolution authorizing the Mayor to execute a construction contract with Excel Construction Services. LLC. for construction of the new 7.5 MG High Service Pump Improvements at the Water Treatment Plant. Michael Thane, Utilities Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the 7.5 MG High Service Pump Improvements at the Water Treatment Plant, 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 7.5 MG High Service Pump Improvements at the Water Treatment Plant. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 June, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode . Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. *10F1. Consider a resolution authorizing the Mayor to execute an Agreement for rental of portable chemical toilets with Howse Brothers Sanitation Services, Inc. dba United Site Services. This item was approved under the consent agenda. 200 June 26, 2008 RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for rental of portable chemical toilets, and WHEREAS, Howse Brothers Sanitation Services, Inc. dba United Site Services has submitted the lowest responsible bid, and WHEREAS, the City Council wishes ;to accept the bid_ of Howse Brothers Sanitation Services, Inc. dba United Site 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 Rental of Portable Chemical;Toilets From Howse Brothers Sanitation Services, Inc. dba United Site Services, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. . i 10F2. Consider a resolution authorizing the Mayor to execute a Construction Contract with Westar Contracting for the Meadow Lake Park Trail North Development Project. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Meadow Lake Park Trail North Development Project, and WHEREAS, Westar Contracting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes. to accept the bid of Westar Contracting, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Westar Contracting for the Meadow Lake Park Trail North Development Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford • Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. st 201 June 26, 2008 10F3. Consider a resolution authorizing the Mayor to execute an agreement for Purchase of Grounds Maintenance Services with Greener Side, L.P. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for grounds maintenance • services, and WHEREAS, The Greener Side, L.P. has submitted the lowest responsible.bid, and WHEREAS, the City Council wishes to accept the bid of The Greener Side, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Grounds Maintenance Services with The Greener Side, L.P., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 10F4. Consider a resolution authorizing the Mayor to execute a Construction contract with Muniz Concrete & Contracting for the Bowman Park Development— Phase I Proiect. Rick Atkins, Parks and Recreation Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Bowman Park Development—Phase I Project, and WHEREAS, Muniz Concrete-'&Contracting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Muniz Concrete & Contracting, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Muniz Concrete & Contracting for the Bowman Park Development — Phase I 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. 202 June 26, 2008 RESOLVED this 26th day of June, 2008. MOTION: Councilmember Whitfield moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode • Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. APPOINTMENTS: 11A. Consider 5 appointments to the Planning and Zoning Commission. MOTION: Councilmember Rhode moved to nominate.all applicants. Mayor Pro-Tem Clifford seconded the motion. Councilmember Rhode withdrew his motion and Mayor Pro-Tem withdrew his second. Results from a poll of the Council follow: Dale Austin 6 votes Appointed David Pavliska 6 votes Appointed • John Latchford 6 votes 'Appointed Michael Morales 6 votes Appointed Peter Drapes 3 votes Georgi Ann Jasenovic 1 vote James Hemenes 2 votes Rene M. Flores 0 votes A second poll was taken to decide the fifth position as;a person must receive at least four votes to be appointed. Results from a poll of the Council follow: Peter Drapes 3 votes James Hemenes 3 votes The Council will consider the fifth appointment at the July 10th City Council meeting. 11B.' Consider 4 appointments to the Zoning Board of Adiustments. MOTION: Councilmember Rhode moved to appoint by acclamation Carol Hearn and Roy Beard to fill the regular positions on the Zoning Board of Adjustments. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode 203 June 26, 2008 Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to appoint by acclamation Breht Baker to fill the one alternate position on the Zoning Board of Adjustments. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. The Council will consider 1 more alternate appointment at another time. 11C. Consider 3 appointments to the Historic Preservation Commission. MOTION: Councilmember Rhode moved to appoint by acclamation Nancy Weaver and Gary Brown to fill the regular positions on the Historic Preservation Commission. • Councilmember White seconded the motion. VOTE: Ayes: Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Mayor McGraw Nays: Councilmember Honeycutt Councilmember Whitfield Absent: Councilmember Salinas ACTION: The motion carried with 4 ayes and-2 nayes. MOTION: Councilmember Honeycutt moved to appoint by acclamation Mario Carlin to fill the alternate position on the Historic Preservation Commission. The motion failed due to lack of second. Results from a poll of the Council follow: Mario Carlin 5 votes Appointed • Matthew Bogue 1 vote Carol A. Creamin 0 votes 11D. Consider 3 appointments to the Community Development Advisory Commission. MOTION: Councilmember Rhode moved to appoint by acclamation Camron Scott, Steve Laukhuf and Ulysses Moore to the Community Development Advisory Commission. Mayor Pro- Tern Clifford seconded the motion. 204 June 26, 2008 VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None - Absent: Councilmember Salinas ACTION: The motion carried unanimously. 11E. Consider 2 appointments to the Round Rock Housing Authority. MOTION: Councilmember Rhode moved to appoint by acclamation Paul Emerson and Mary Martinez to the Round Rock Housing Authority. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 11F. Consider 2 appointments to the Building Standards Commission. MOTION: Councilmember Rhode moved to table appointments to the Building g Standards Commission. Mayor Pro-Tem Clifford seconded the motion.. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 11G. Consider 4 appointments to the Transportation System Development Corporation. MOTION: Councilmember Rhode moved to appoint by acclamation Alan McGraw,Joe Clifford, Laurie McAnally, and J. Hollis Bone to the Transportation System Development Corporation. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw 205 June 26, 2008 Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. . 11H. Consider 3 appointments to the Ethics Review Commission. MOTION: Councilmember Rhode moved to appoint by acclamation Dennis Graffious, Rick Stewart and William Peckham to the Ethics Review Commission. Councilmember Whitfield • seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 111. Consider 4 appointments to the Tourism Commission. MOTION: Councilmember Rhode moved to appoint by acclamation Bob Godsey, Edna Rehbein, George Kash and Kyle Covington to the Tourism Commission. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 11J. Consider 5 appointments to the Capital Improvements Advisory Committee. No action was taken on this item. Appointments to this Committee are done simultaneously with the appointments to the Planning and Zoning Commission. Four appointments were made to this commission earlier in the meeting. 11K. Consider appointments of a representative and an alternate to the CAMPO • Transportation Policy Board. MOTION: Councilmember Rhode moved to appoint by acclamation Mayor Pro-Tem Clifford as the representative to the CAMPO Transportation Policy Board. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White June 26, 2008 Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to appoint by acclamation Councilmember Rufus Honeycutt as the alternate representative to the CAMPO Transportation Policy Board. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 11L. Consider the Council's approval of the appointment Alan McGraw as President and Laurie McAnally as Vice President of the Round Rock Transportation System Development Corporation. MOTION: Councilmember Hone cutf moved to approve the ointments of Alan Y pP pp McGraw as President and Laurie McAnally as'Vice President of the Round Rock Transportation System Development Corporation. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White, Mayor Pro-Tem Clifford Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: -None Absent: Councilmember Salinas ACTION: The motion carried unanimously. 11M. Consider confirming the City!Manager's appointment of 1 member to the Civil Service Commission. On June 18, 2008, Jim Nuse, City Manager appointed Jeff Seiler to another term on the Civil Service Commission to expire in July 2011. • MOTION: Councilmember Honeycutt moved to approve the appointment. Councilmember Rhode seconded the motion'. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Rhode 207 June 26, 2008 Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Salinas ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business,the meeting adjourned at 8:23 p.m. • Respectfully Submitted, Sara L. White, City Secretary • • 208 July 10, 2008 The Round Rock City Council met in Regular Session on Thursday,July 10, 2008, 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 7:05 p.m. ROLL CALL: Those members present were Mayor McGraw,, 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. Mayor Pro-Tem Joe Clifford was absent from this meeting. 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: • The following items were considered routine by the City Council and were enacted by one motion.There was no separate discussion on any of these items and no items were removed from the consent agenda. *6A. Consider approval of the City Council minutes for June 26, 2008. -*9A1. Consider an ordinance amending the consideration paid by Atmos Energy Corporation for the Gas Franchise from 4%to 5%of gross revenues (Second Reading) *961. Consider an ordinance renumbering subparagraphs of Article 13, Section 13.03 of the Round Rock Home Rule Charter. (First iReading) *9C1. Consider an ordinance rezoning 9.959 acres of land at the northwest corner of the intersection of Chisholm Trail Road and Old Settlers Boulevard from Light Industrial to • General Commercial— Limited. (Second Reading) *9D1. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenmeadows Dr at Meadows Dr, Highmeadows Cove at Meadows Dr and Glenwood Cove at Meadows Dr. (Second Reading) 209 . 1 July 10, 2008 *9D2. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Liberty Avenue at San Saba Street, Harris Street at Main Street, and Blair Street at Main Street. (Second Reading) *9D3. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenwood Street at Briarwood Street,Tanglewood Street at Briarwood Street. Glenwood • Street at Brentwood Street, and Tanglewood Street at Brentwood Street. (Second Reading) MOTION: Councilmember Honeycutt moved to approve all the items on the consent agenda. Councilmember'Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas t Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of item 9131 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 McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *6A. Consider approval of the City Council minutes for June 26, 2008. This item was approved under the consent agenda. PRESENTATIONS: • 7A1. Consider a presentation on the results of the 2008 biennial customer service survey. Will Hampton, Communications Director introduced Raymond Turco from Raymond Turco and Associates who conducted the 2008 biennial customer service survey. Mr. Turco covered the survey methodology, results from 2008 as well as a comparison from previous years. 210 July 10, 2008 7131. Consider a presentation by Waterstone Development regarding the proposed Avery Centre Planned Unit Development, 947.25 acres located south of Universitv Boulevard and bisected by FIV11460. Jim Stendebach, Director of Planning and Community Development introduced Bob Wunsch from Waterstone Development. Mr. Wunsch made some brief opening remarks and then introduced _Gary Newman, President of Waterstone Development • who presented background on the project. Mr. Newman introduced Mark Baker from SEC Planning, who presented details on the location (University and A.W. Grimes) and other projects going on in the area. He then covered the different uses planned for Avery Centre. An architectural 3-D video was shown to illustrate the size and scale of the buildings planned, the use of the water features, etc. PUBLIC HEARINGS: 8A1. Consider public testimony regarding the Community Development Block Grant (CDBG) Fifth Program Year Draft Action Plan. 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. 8131. Consider public testimony regarding the 2008 Update of the Water& Wastewater Impact Fees prepared by HDR Engineering. Michael Thane, Director of Water/Wastewater Utilities made a brief presentation on the background and then introduced Tony Bagwell, from HDR Engineering, who made the presentation on the 2008 update of the Impact fees. Mayor McGraw opened the public hearing. Les Tietz, 1100 E. Old Settlers Blvd, Round Rock, spoke in protest of the increase in impact fees. Brook Bulow, 8140 Exchange Drive, Austin, spoke against an increase in impact fees. There being no further testimony, the public hearing was closed. ORDINANCES: *9A1. Consider an ordinance amending the consideration paid by Atmos Energy Corporation for the Gas Franchise from 4% to 5% of gross revenues. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE WITH ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE 211 July 10, 2008 DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9131. Consider an ordinance renumbering subparagraphs of Article 13 Section 13.03 of the Round Rock Home Rule Charter. (First Reading) This item was approved under the consent agenda. • AN ORDINANCE RENUMBERING ARTICLE 13, SECTION 13.03 OF THE ROUND ROCK HOME RULE CHARTER; AND PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. *9C1. Consider an ordinance rezoning 9.959 acres of land at the northwest corner of the intersection of Chisholm Trail Road and Old Settlers Boulevard from Light Industrial to General Commercial—Limited. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 9.959 ACRES OF LAND, LOCATED AT THE INTERSECTION OF FM 3406 AND CHISHOLM TRAIL ROAD, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL)TO DISTRICT C-1A (GENERAL COMMERCIAL- LIMITED). 9C2. Consider an ordinance annexing 0.0401 acres of land located between the • Georgetown Railroad/Georgetown Railroad Company rail tracts and the City of Round Rock's water treatment plant, west of 1-35, iust south of the ETJ boundary with Georgetown. (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: 0.0401 ACRES OF LAND, OUT OF THE EPHRIAM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember"Honeycutt moved to adopt the ordinance. Councilmember • Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford 2:12 July 10, 2008 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 White 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. 9C3. Consider an ordinance annexing 50.085 acres of land located at the southwest corner of the intersection of County Road 112 and A.W. Grimes Blvd. (Also known as the Texas A&M Health Sciences Center—Round Rock) (First Reading) Jim Stendbbach, 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: 50.085 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, 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 McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to dispense with the second reading of the • ordinance with the unanimous consent of all'the Councilmembers present and to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes:- Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode i 213 _ July 10, 2008 Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. *9D1. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenmeadows Dr at Meadows Dr, Highmeadows Cove at Meadows Dr and Glenwood Cove at Meadows Dr. 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 GLENMEADOWS DRIVE AT MEADOWS DRIVE, HIGHMEADOWS COVE AT MEADOWS DRIVE, AND GLENWOOD COVE AT MEADOWS DRIVE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9D2. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Liberty Avenue at San Saba Street, Harris Street at Main Street, and Blair Street at Main Street. (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 SAN SABA STREET AT LIBERTY AVENUE, HARRIS STREET AT MAIN STREET, AND BLAIR STREET AT MAIN STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9D3. Consider an ordinance replacing Yield Signs with Stop Signs at the intersections of Glenwood Street at Briarwood Street,Tanglewood Street at Briarwood Street, Glenwood Street at Brentwood Street, and Tanglewood Street at Brentwood Street. (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 GLENWOOD STREET AT BRIARWOOD STREET, TANGLEWOOD STREET AT BRIARWOOD STREET, GLENWOOD STREET AT BRENTWOOD STREET, AND TANGLEWOOD STREET AT BRENTWOOD STREET; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9D4. Consider an ordinance repealing a 20 MPH school zone on Wayne Drive from Sunrise Road to 150' west of Mesa Park Drive. (First Reading) Tom Martin,Transportation Services Director made the staff presentation. • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ELIMINATING A PORTION OF WAYNE DRIVE FROM SUNRISE ROAD TO 150' WEST OF MESA PARK DRIVE AS A SCHOOL SPEED ZONE; 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 White 2.14 July 10, 2008 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford 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 McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. 9D5. Consider an ordinance repealing a 20 MPH school zone on Sam Bass Road from 700' west of Creek Bend Boulevard to 700' east of Creek Bend Boulevard. (First Reading) Tom Martin,Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ELIMINATING A PORTION OF SAM BASS ROAD FROM 700' WEST OF CREEK BEND BOULEVARD TO 700' EAST OF CREEK BEND BOULEVARD AS A SCHOOL SPEED ZONE; PROVIDING FORA 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 McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading • _ p g 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 1 F'Si 3 215 July 10, 2008 Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. 9D6. Consider an ordinance repealing a 20 MPH school zone on Mesa Park Drive from 530 north of the centerline of Wayne Drive to 565 south of the centerline of Wayne Drive. • (First Reading) Tom Martin,Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ELIMINATING A PORTION OF MESA PARK DRIVE FROM 530' NORTH OF CENTERLINE OF WAYNE DRIVE TO 565' SOUTH OF THE CENTERLINE OF WAYNE DRIVE AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 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 McGraw Nays: None • Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. MOTION: Councilmember Salinas moved to dispense with the second reading of the ordinance with the unanimous consent of all the Councilmembers present and to adopt the ordinance. Councilmember Whitfield 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. 9D7. Consider an ordinance amending Chapter 9,Section 9.503 of the Round Rock Code of Ordinances amending the school speed zone on Bowman Road. (First Reading) (Requires Two Readings) Tom Martin,Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING THE SCHOOL SPEED ZONE ON BOWMAN ROAD; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 216 July 10, 2008 MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember White seconded the motion. VOTE: Ayes: Councilmember.Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield i Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. 9D8. Consider an ordinance amending Chapter 91 'Section 9.503 of the Round Rock Code of Ordinances by repealing the existing school speed zone on Sunrise Road and designating two portions of Sunrise Road as school speed zones. (First Reading) (Requires Two Readings) Tom Martin,Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9,; SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO (ELIMINATE THE EXISTING SCHOOL SPEED ZONE ON A PORTION OF SUNRISE ROAD AND TO DESIGNATE TWO PORTIONS OF SUNRISE ROAD AS A SCHOOL SPEED ZONE; PROVIDING FORA 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 McGraw Nays: None , Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. 9D9. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances designating a portion of Thompson Trail as a school speed zone. (First Reading) (Requires Two Readings) Tom Martin, Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9,; SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF THOMPSON TRAIL AS A SCHOOL SPEED ZONE; PROVIDING FORA SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. 217' July 10, 2008 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. • 9D10. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances designating a portion of Dalea Street as a school speed zone. (First Reading) (Requires Two Readings) Tom Martin, Transportation Services Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF DALEA STREET AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Whitfield moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. RESOLUTIONS: 10A1. Consider a resolution authorizing the suspension of the proposed Oncor rate increase and authorizing the CitV to participate with the Alliance of TXU/Oncor Customers ("ATOC") in connection with said rate request. David Kautz, Assistant City Manager/CFO, made the staff presentation. A RESOLUTION OF THE CITY COUNCIL OF ROUND ROCK,TEXAS AUTHORIZING THE SUSPENSION OF PROPOSED RATES AND THE INTERVENTION IN THE ..`PUBLIC UTILITY COMMISSION • PROCEEDING INVOLVING THE REQUEST TO INCREASE ELECTRIC RATES OF ONCOR ELECTRIC DELIVERY COMPANY; AUTHORIZING PARTICIPATION IN A COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TXU/ONCOR CUSTOMERS ("ATOC"); PROVIDING FOR THE RETENTION OF EXPERTS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 27, 2008 Oncor Electric Delivery Company ("Oncor") filed a request to increase its transmission and distribution rates by more than $275 million; and WHEREAS, under the Public Utility Regulatory Act § 36.108 a municipality may suspend -the effective date for adoption of the request for a change in rates; and 2,18 July 10, 2008 WHEREAS, in June 2008 four retail electric providers ("REPs") have gone out of business, forcing thousands of electric customers to purchase electricity at prices which are unheard of in the United States; and WHEREAS, the Oncor rate increase request is being filed at a time when the Public Utility Commission of Texas is considering+,requests for over $5 billion in new transmission projects. A large portion of the costs for these projects will be borne by customers located within the municipalities served by Oncor; and WHEREAS, the general rate increase being requested by Oncor is in addition to the surcharge being sought for advanced metering services; and WHEREAS, the Oncor rate increase requires the specialized expertise of lawyers and • experts who concentrate on analyzing utility;rate requests; and WHEREAS, the coalition known as the Alliance of TXU/Oncor Customers ("ATOC") was active at the Public Utility Commission of Texas in the Oncor'2007 rate request proceeding and in the,proceeding involving the acquisition of' TXU Electric Distribution Company by Texas Entergy Future Holdings; and WHEREAS, participation in ATOC wills benefit electric customers within our municipality by helping insure that Oncor rates are just and reasonable; 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. That the City is authorized to join with other municipalities, public entities and commercial customers in order to participate in the Alliance of TXU/Oncor Customers ("ATOC"), to form a steering committee to provide direction and guidance to legal and consulting experts with regard to the On'cor 2008 General Rate Request. Section 4. That the City does hereby suspend the proposed effective date of Oncor's request for an increase in rates for a period of 90 days. Section 3. That the City authorizes the law firm of Herrera & Boyle, PLLC to act on behalf of the City and ATOC in the Oncor 2008 General Rate Request and related proceedings. Section 4. Legal counsel for ATOC is authorized to take such actions in connection with the Oncor 2008 General Rate Request as are in the best interest of the customers of Oncor who are located within the City's municipal boundaries, consistent with the instructions of the Steering Committee, including any administrative or judicial proceedings related to Oncor's 2008 General Rate Request. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which "this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 10th day of July, 2008' MOTION: Councilmember Rhode moped to approve the resolution. Councilmember Whitfield 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. 10131. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Interlocal Agreement with Cedar Park and Leander regarding Acquisition of Easements for 21`0 . ` July DI2OOQ Construction of a raw water transmission line along Trails End Road. Michael Thane, Water/Wastewater Utilities Director made the staff presentation. WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City mfCedar Park and the City of Leander regarding Acquisition of Easements for Construction of a Raw Water Transmission Line Along Trails End Road, and WHEREAS, the City now desires to enter into Amendment No. 1 to the Interlocal Agreement to set forth the terms and conditions regarding the acquisition of said easements, Now Therefore BE |TRESOLVED BYTHE COUNCIL OFTHE CITY C]FROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf ofthe City Amendment No. I to the Interlocal Agreement Regarding Acquisition pf Easements for . Construction of Raw Water Transmission Line Along Trails End Road withthe City of Cedar Park and the City of Leander, a copy of same being attached hereto as Exhibit "A° and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date' hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open tothe public asrequired bylaw otall times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 1Oth day ofJuly, 2OO8. Counci|nnernberWhitfield moved toapprove the resolution. Gounci|nnernber Salinas seconded the motion. VOTE: Ayes: Counci|nnennberHmneycutt Cound|nnennberVVhite Counci|nnennberSa|inau CounoilnnernberRhode CouOci|0nennberVVhitfie|d Mayor McGraw Nays: None Absent: Mayor Pro-Tem Clifford .� The motion carried unanimously. 1OC1. Consider a resolution determining that FT Woods Construction provides the best value for the City for the construction of the Old Settlers at Palm Valley Tennis Restroom/Pro ` Shop Building Proiect and authorizing the Mayor to execute a Standard Form of Agreement, and a Post-Proposal Negotiated Amendment between the City and FT Woods Construction. Rick Atkins, Parks and Recreation Director made the staff presentation. WHEREAS, the City ofRound Rock has previously determined inResolution No. R-O8-O4- lO-llClthat "Competitive Sealed Pnoposo|° is the deliVery`—ethmd which provides the best value for the City for construction ofatennis pro shop/restroom building located atOld Settlers Park Palm Valley, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that FTVVoo6s Construction Services Inc. is the offeror which offers the best ` value for the City, and WHEREAS, Texas Local Government Code §271.116(f) allows the City and its 'architect to "discuss with the selected offeror options for a scope or time modification and any price change associated with the rnodificatimn"' and VVHEREAS, such post-proposal negotiations were held and did result in certain changes toscope and price changes associated with such modifications, and 220 July 10, 2008 WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with FT Woods Construction Services Inc., and wishes to enter into a "Post-Proposal Negotiated Amendment" with FT Woods Construction Services Inc. outlining the above-referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that FT Woods Construction Services Inc. is the offeror which offers the-best value for the City. BE IT FURTHER RESOLVED • That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owder and Contractor Where the Basis of Payment is a Stipulated Sum" with FT Woods Construction Services Inc. and a "Post-Proposal Negotiated Amendment" with FT Woods Construction Services Inc. for construction of a-tennis pro shop/restroom building located at Old Settlers Park Palm Valley, copies of same being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 10th day of July, 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 McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. 10C2. Consider a resolution authorizing the Mayor to issue a Purchase Order to The Playwell Group for bleachers for the Old Settlers at Palm Valley Sports Complex Improvement Proiect. Rick Atkins, Parks and Recreation Department Director made the staff presentation. WHEREAS, the City of Round Rock ("City") desires to purchase bleachers for the OSPV Sports Complex Improvements Project, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ('Buy Board"), and WHEREAS,The PlayWell Group is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to The PlayWell Group, Now Therefore - i • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the City Manager is_hereby authorized and directed to issue a purchase order to The PlayWell Group for the purchase of bleachers for the OSPV Sports Complex Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 10th day of July, 2008: ,�.,� . . . �:.. . 221 July 10, 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 McGraw Nays: None Absent: Mayor Pro-Tem Clifford ACTION: The motion carried unanimously. APPOINTMENTS: 11A. Consider 1 appointment to the Planning and Zoning Commission. Results from a poll of the Council follow: Peter Drapes 5 votes Appointed Georgi Ann Jasenovic 0 votes James Hemenes 1 votes Rene M. Flores 0 votes EXECUTIVE SESSION: 13A. Executive Session as authorized by §551.071, Government Code, related to • consultation with the CitV AttorneV regarding legal issues related to the Brushy Creek Regional Utility Authority regional water project. This item was removed from the agenda. 13 B. Executive Session as authorized by §551.072, Government Code, related to the purchase of real property, to wit: Right-of- way Parcels 5 and 5E from HR 79 Investment, LTD, for the Hwy. 79 project. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to Order by Mayor McGraw at 9:19 p.m. and adjourned the Executive Session at 9:51 p.m. ACTION RELATIVE TO EXECUTIVE SESSION: 14A. Consider discussion'and/or possible action related to the consultation with the City Attorney regarding legal issues related to the BCRUA regional water project. This item was removed from the agenda. 14B. Consider discussion and/or possible action related to the purchase of real Property,to wit: Right-of-way Parcels 5 and 5E from HR 79 Investment, LTD, for the Hwy. 79 rp oiect• 222 July 10, 2008 MOTION: Councilmember Rhode moved to offer the original appraised value of$7.50 per square foot. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None Absent: Pr - Mayor y Pro-Tem Clifford 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 Roun"d Rock, Texas 22 City Council Work Session July 24, 2008 Page 1 of 1 The Round Rock City Council met in a Work Session on Thursday, July 24, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—6:30 P.M. • Mayor McGraw called the session to order at 6:35 p.m. ROLL CALL: Those.members present were Mayor 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. WORK SESSION: 3A. Consider a presentation regarding the RM 620 road project and updates on other road projects that Williamson County is working on with the Citv of Round Rock. Richard Ridings, lead consultant from HNTB made a presentation on the RM620 improvements from 1-35 west to Tollroad 45. He started by covering some details on a bridge to be constructed over the railroad tracks just beyond Chisholm Trail Road. The County • Engineer, covered the cost that g a would be incurred by the City of Round Rock when the City took over the maintenance of 620 from 1-35 to Tollroad 45. Commissioner Berkman closed the presentation. ADJOURNMENT: There being no further business,the meeting adjourned at 7:03 p.m. Respectfully Submitted, a""- "V::e Sara L. White, City Secretary • 224 City of Round Rock,Texas Regular City Council Meeting July 24, 2008 The Round Rock City Council met in Regular Session on Thursday,July 24, 2008, 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 7:05 .m. • Y p ROLL CALL: Those members present were Mayor McGraw,-Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, Councilmember Scott Rhode, and Co,uncilmember 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 during Citizen Communication. • Mayor McGraw introduced three girl scouts that shadowed him during the day on Thursday, July 24, 2008. PROCLAMATION: 5A. Consider proclaiming August 5, 2008 as the 25th Annual National Night Out in the City of Round Rock. Mayor McGraw read the following proclamation and presented it to Chief. of Police Bryan Williams. WHEREAS, the Round Rock Police Department and National Association of Town Watch is sponsoring a nationwide crime- and drag-prevention program on August 5, 2008, called "National Night Out"; and WHEREAS, the 25th Annual National Night Out provides a unique opportunity for Round Rock to join forces with thousands of other communities across the country in promoting cooperative, police-community crime preverition and quality-of-life efforts; and WHEREAS, citizens playa vital role in assisting the Police Department through joint crime • and drug prevention efforts in Round Rock; a.nd WHEREAS, it is essential that all citizens of Round Rock be aware of the positive impact their participation can have on reducing crime, drug usage and violence in our town; and WHEREAS, police-community partnerships and neighborhood cooperation and awareness are important themes of the National Night Out program; NOW, THEREFORE, I, Alan McGraw, Mayor of the City of Round Rock, Texas, do hereby proclaim August 5, 2008, as the 25th Annual National Night Out in the City of Round Rock and urge all citizens to join me, the City Council and Police Chief in supporting this important night. 226 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 2 of 1412. pita PROCLAIMED this 24th day of July 2008. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. MOTION: Councilmember Whitfield moved to approve all the items on the consent agenda. 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 ACTION: The motion carried unanimously. APPROVAL OF MINUTES: • *7A. Consider approval of the City Council minutes for July 10, 2008. This item was approved under the consent agenda. PUBLIC HEARINGS: 8A1. Consider public testimony regarding an application filed by Larry and Nancy Reavis to zone 3.03 acres of land on East Rock Cove, known as Reavis Rehabilitation, to Planned Unit Development (PUD) No. 81 zoning district. Jim Stendebach made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony,the public hearing was closed. 8A2. Consider public testimony regarding an application filed by RR Arbor Place L.P. and Mildred P. Smyers to rezone'48.765 acres of land from SF-2 (Single Family-Standard Lot • zoning district) to the Planned Unit Development (PUD) No. 82 zoning district. (Also known as the Arbor Place PUD) Jim Stendebach made the staff presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. ORDINANCES: 226 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 3 of la *9A1. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances amending the school speed zone on Bowman Road. (Second Reading) This item was approved under the consent agenda. • AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 9, SECTION 9.503 AMENDING THE SCHOOL SPEED ZONE ON BOWMAN ROAD; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9A2. Consider an ordinance amending Chapter 9, Section 9.503 of the Round Rock Code of Ordinances by repealing the existing school speed zone on Sunrise Road and designating two portions of Sunrise Road as school speed zones. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO ELIMINATE THE EXISTING SCHOOL SPEED ZONE ON A PORTION OF SUNRISE ROAD AND TO DESIGNATE TWO PORTIONS OF SUNRISE ROAD AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9A3. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Thompson Trail as a school speed zone. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF THOMPSON TRAIL AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *9A4. Consider an ordinance amending Chapter 9, Section 9.503, Code of Ordinances (1995 Edition) designating a portion of Dalea Street as a school speed zone. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.503, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, DESIGNATING A PORTION OF DALEA STREET AS A SCHOOL SPEED ZONE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. 9131. Consider an ordinance amending Chapter 9, Section 9.2400 of the Code of Ordinances relating to Automated Red Light Camera Enforcement (First Reading) (Requires Two Readings) Lt. Bill Dixon of the Police Department made the staff presentation. 227 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 4 of 1-3�I2 AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2400, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING AUTOMATED RED LIGHT ENFORCEMENT; 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 Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C1. Consider an ordinance zoning 3.03 acres of land on East Rock Cove, known as Reavis Rehabilitation, to Planned Unit Development (PUD) No. 81 zoning district. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation • earlier in the meeting during the public hearing. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 3.03 ACRES OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 81. MOTION: Mayor Pro-Tem Clifford moved to adopt the ordinance. 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 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. 228 City of Round Rock,Texas Regular City Council Meeting July 24, 2008 Page 5 of 1x�Z VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. 9C2. Consider an ordinance rezoning 48.765 acres of land from SF-2 (Single Family- Standard Lot) zoning district to the Planned Onit Development (PUD) No. 82 zoning district. (Also known as the Arbor Place PUD) (First Reading) Jim Stendebach, Planning and Community Development Director made the staff preseritation earlier in the meeting 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 48.765 ACRES OF LAND, OUT OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-2 (SINGLE FAMILY — • STANDARD LOT)TO PLANNED UNIT DEVELOPMENT(PUD) NO. 82. MOTION: Councilmember Salinas moved to. adopt the ordinance. 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 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 White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw 229 City of Round Rock,Texas Regular City Council Meeting July 24, 2008 Page 6 of 1A Nays: None ACTION: The motion carried unanimously. 9C3. Consider an ordinance annexing 13.457 acres located near the Southwest corner • of County Road 112 and A.W. Grimes Boulevard/FM 1460 (also known as Avert/ 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: 13.457 ACRES OF LAND, OUT OF THE THOMAS TOBY SURVEY, ABSTRACT NO. 625, 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 Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield 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 Mayor Pro-Tem Clifford Councilmember Salinas • Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. RESOLUTIONS: 230 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 7 of2SJ-2— 10A1. Consider a resolution adopting the Fifth Program Year Action Plan for 2008-2009 Community Develop Block Grant (CDBG) activities. 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 of Round Rock adopted the 2004-2009 Community Development Consolidated Plan (the "Plan") by Resolution No. R-04-07-22-13C1 on July 22, 2004, which identified how the City would use federal resources to meet priority community needs, and WHEREAS, the City of Round Rock Chas prepared the 2008-2009 Fifth Program Year Action Plan, in accordance with the Plan and';in compliance with HUD regulations, and WHEREAS, the City wishes to adopt said 2008-2009 Fifth Program Year Action Plan and make application for the available grant funds for specific projects and activities identified in said Plan, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby adopts the 2008-2009 Fifth Program Year Action Plan, a copy of which is attached, hereto as Exhibit "A" and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and directed to execute on behalf of the City the 2008-2009 Fifth Program Year Action Plan, which shall serve as the application to HUD for the • available grant funds described above. The City Council hereby finds and declares that.written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 24th day of July, 2008: MOTION: Councilmember Salinas moved to approve the resolution. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 1061. Consider a resolution authorizing the Mayor to execute Change Order No. 3 with RGM Constructors for the Gattis School Roadway Improvements Project. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. 231 City of Round Rock,Texas Regular City Council Meeting July 24, 2008 Page 8 of 12 WHEREAS, the City of Round Rock has previously entered into a contract ("Contract") with RGM Constructors, L.P. for the Gattis School Roadway Improvements Project, and WHEREAS, the Council has determined that it is necessary g to make changes to the quantity of work to be performed or materials, equipment, or supplies to be provided, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Contract Change Order No. 3, Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, Contract Change Order No. 3 to the Contract with RGM Constructors, L.P. for the Gattis School Roadway 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 24th day of July, 2008. 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 ACTION: The motion carried unanimously. 10C1. Consider a resolution authorizing the Mayor to execute an agreement with Analytica for strategic planning consulting &facilitation services. 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, 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 232 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 9 of 12 RESOLVED this 24th day of July, 2008: 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 ACTION: The motion carried unanimously. 1011. Consider a resolution authorizing the Mayor to execute an Agreement for Architectural/Engineering Design Services for the Westside Recreational Center with Pfluger Wiginton Hooker PLLC dba Pfluger Wiginton Hooker Architects. Tom Word, Chief of Public Works made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional architectural services • for the design of the Westside Recreation Center, and WHEREAS, Pfluger Wiginton Hooker,, PLLC dba Pfluger Wiginton Hooker Architects has submitted a Standard Form of Agreement Between Owner and Architect ("Agreement"), and Supplemental Agreement No. 1 to provide said services, and WHEREAS, the City Council desires .to enter into said Agreement, and Supplemental Agreement No. 1 with Pfluger Wiginton Hooker, PLLC dba Pfluger Wiginton Hooker Architects, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard Form of Agreement Between Owner and Architect, and Supplemental Agreement No. 1 with Pfluger Wiginton Hooker, PLLC dba Pfluger Wiginton Hooker Architects for the design of the Westside Recreation Center, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of July, 2008: MOTION: Councilmember Honeycutt moved to approve the resolution. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas 233 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 10 of 12 Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. • 10D2. Consider a resolution authorizing the Mayor to execute an Agreement for Janitorial Services with Redlee/SCS, Inc. Tom Word, Chief of Public Works made the staff presentation_ RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for janitorial services, and WHEREAS, Redlee/SCS, Inc. has submitted the lowest responsible bid, and WHEREAS,the City Council wishes to accept the bid of Redlee/SCS, 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 Janitorial Services with Redlee/SCS, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. • RESOLVED this 24th day of July, 2008. MOTION: Councilmember White 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 ACTION: The motion carried unanimously. 10E1. Consider a resolution authorizing the Mayor to execute a contract with LaserCraft, Inc. for the provision of automated traffic enforcement. David Bartels made the staff presentation. • RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional automated traffic enforcement services,and WHEREAS, LaserCraft, Inc. has submitted an Agreement to provide said-services, and WHEREAS, the City Council desires to enter into said agreement with LaserCraft, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 234 City of Round Rock, Texas Regular City Council Meeting July 24, 2008 Page 11 of 12 That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Provision of Automated Traffic Enforcement Services with LaserCraftInc. a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. , The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required • by the Open Meetings Act, Chapter 551,Texas Government Code, as amended RESOLVED this 24th day of July, 2008: MOTION: Councilmember Salinas 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 ACTION: The motion carried unanimously. 10E2. Consider a resolution authorizing the Mayor to execute an Interiurisdictional Mutual Aid Agreement with the Capital AreaiCouncil of Governments (CAPCOG). This item was • removed from the agenda at the request of staff. APPOINTMENTS: 11A. Consider 4 appointments to the Zoning Board of Adjustments. MOTION: Councilmember Rhode moved to appoint by acclamation James Hemenes to fill the regular unexpired term on the Zoning Board of Adjustments. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None • ACTION: The motion carried unanimously. MOTION: Councilmember Rhode moved to appoint by acclamation Andrea Thomason, Ryan Therrell, and Georgi Ann Jasenovec to fill the three alternate positions on the Zoning Board of Adjustments. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt }x a 235 City of Round Rock,Texas Regular City Council Meeting July 24, 2008 Page 12 of 12 Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously 11B. Consider 2 appointments to the Building Standards Commission. MOTION: Councilmember Rhode moved to appoint by acclamation Andy Combs and Dwayne Agnew to the Building Standards Commission. Councilmember White seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor McGraw Nays: None ACTION: The motion carried unanimously. • ADJOURNMENT: There being no further business,the meeting adjourned at 8:07 p.m. Respectfully Submitted, &xt Sara L. White, City Secretary • 236 City of Round Rock, Texas Regular City Council Meeting August 14, 2008 The Round Rock City Council met in Regular Session on Thursday, August 14, 2008, 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 7:05 p.m. ROLL CALL: Those members present were Mayor McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Councilmember Carlos T. Salinas, and Councilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David Kautz and City Attorney Steve Sheets. Councilmember Scott Rhode was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor McGraw led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: John Moman, 1701 Johnson, Round Rock - Spoke on all of the activity in the NE quadrant of Round Rock and about a fundraiser with Scott and White for a "healing garden." He also spoke about Advanced Wealth's tree mitigation and requested that the client be reimbursed the cost of removing the trees. John Levee, 310 Main Street, Round Rock, owner of Advanced Wealth Strategies Group, spoke regarding his tree mitigation and requested to be reimbursed the cost of the mitigation. Kim Turke, 4516 County Road 108, Burnet, Texas spoke regarding a non-profit organization called Camp Agape which is a bereavement camp for children. Minouch Ziari of Round Rock spoke 'regarding Yellow Cab opening a location in Round Rock and his displeasure with them being in Round Rock. • PROCLAMATION: 5A. Consider a proclamation honoring the Round Rock High'School Theatre Department and students for being selected to perform at the Edinburgh Theatre Festival in 237 City of Round Rock Regular City Council Meeting August 14, 2008 Page 2 of 7 Scotland in 2009. Mayor McGraw read the following proclamation and presented it to the Round Rock High School thespian group. WHEREAS, the City of Round Rock values the study of theatre, and artful expression in the community; and WHEREAS, the American High School Theatre Festival received more than 1,600 nominations nationwide and Round Rock High School was among only seven schools from Texas selected to perform at the Edinburgh Fringe Festival in Scotland in 2009; and WHEREAS, the American High School Theatre Festival Board of Advisors was impressed with the Round Rock High School Theatre Department's philosophy toward training students in theatre; and WHEREAS, more than 30 Round Rock High School students will represent the City of Round Rock as they engage in this educational opportunity to visit Edinburgh, Scotland, and to showcase their performance skills in an international forum; NOW THEREFORE, I, ALAN McGRAW, Mayor of the City of Round Rock, Texas, do hereby proclaim August 14, 2008, as "ROUND ROCK HIGH SCHOOL THEATRE DEPARTMENT DAY" in the City of Round Rock and urge all citizens to congratulate our talented students and the entire Round Rock High School Theatre Department for this honor. And, on behalf of the Round Rock City Council: "Break a leg!" PROCLAIMED this 14th day of August 2008. APPROVAL OF MINUTES: 6A. Consider approval of the City Council minutes for July 24, 2008 Work Session and July 24, 2008 Regular Meeting. MOTION: Councilmember Whitfield moved to approve the minutes as presented. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. 7A1. Consider an ordinance amending Chapter 9, Section 9.2400 of the Code of Ordinances relating to Automated Red Light Camera Enforcement. (Second Reading) • AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2400, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING AUTOMATED RED LIGHT ENFORCEMENT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember White moved to adopt the ordinance. Councilmember Salinas seconded the motion. 238 V- City of Round Rock Regular City Council Meeting August 14, 2008 Page 3 of 7 VOTE: Ayes: Councilmember Honeycutt Council.r,nember White Mayor P,,ro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. RESOLUTIONS: 8A1. Consider a resolution authoriiing the Mayor to execute a Contract for Engineering Services with Freese and Nichols, Inc. for the Dry Branch East Tributary— Channelization/Restoration Proiect. Danny Halden, City Engineer made the staff presentation. RESOLUTION NO;. WHEREAS, the City of Round Rock has duly advertised for bids for the Dry Branch East Tributary—Channelization/ Restoration Project,'and WHEREAS, Freese and Nichols, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of 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 with Freese and Nichols, Inc. for. the Dry Branch East Tributary — Channelization / Restoration Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August, 2008. 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 Whitfield Mayor McGraw • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. Mayor McGraw dispensed with the order of the agenda and continued with Citizens Communications. yL 23-9 AFT MINUTES of Round Rock R lar City Council Meeting Au 14, 2008 Page f 7 E: Ayes: Councilmember Honeycutt Y Y Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield • Mayor McGraw Nays: None bsent: Councilmember Rhode ACTION: The tion carried unanimously. RESOLUTIONS: 8A1. Consider a r lution authorizing the Ma or to execute a Contract for Engineering Services with Fre nd Nichols Inc. for the Dry Branch East Tributary— Channelization Restoration Pro'e Danny Halden, City Engineer made the staff presentation. RESOLU NO. WHEREAS, the City of Round Ro as duly advertised for bids for the Dry Branch East Tributary—Channelization/ Restoration P ct, and WHEREAS, Freese and Nichols, Inc. h ubmitted the lowest responsible bid, and WHEREAS,,the City Council wishes to ept the bid of Freese and Nichols, Inc., Now Therefore • BE IT RESOLVED BY THE COUNCIL OF THE OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized an ected to execute on behalf of the City a contract with Freese and Nichols, Inc. for the Dr ranch East Tributary — Channelization / Restoration Project. The City Council hereby finds and declares th ritten notice of the date, hour, place and subject of the meeting at which this Resolution adopted was posted and that such meeting was open to the public as required by law at all s during which this Resolution and the subject matter hereof were discussed, considered an mally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government e, as amended. RESOLVED this 14th day of August, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield • Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. Mayor McGraw dispensed with the order of the agenda and continued with 'zens Communications. 240 City of Round Rock Regular City Council Meeting August 14, 2008 Page 4of7 Mayor McGraw introduced Congressman John Carter.: Congressman Cart recognized the City Council and their work with the Adopt-A.-Unit program in Fort Hood. He presented each member of the City Council with a pin representing the 4th infantry that the City supports. • 8131. Consider a resolution authorizing the Mayor to execute the Third Amendment to the Development Agreement with NNP—Teravista L.P. Jim Stendebach, Planning and Community Development made the staff presentation. He explained that this only transfers residential densities. RESOLUTION NO WHEREAS, the City of Round Rock ("City") has previously entered into a Development Agreement ("Agreement") with NNP-Teravista, L.P. ("Developer") regarding the Teravista Project ("Project"), and WHEREAS, Exhibit "B" to the Agreement has been amended to reflect the current development status of the Project, and WHEREAS, Exhibit "B-1" to the Agreement has been amended to reflect the latest unit allocation of the Project, and WHEREAS, the City and the Developer now desire to amend the Agreement to update Exhibits "B" and "B-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 a Third Amendment to the Development Agreement with NNP-Teravista, L.P., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August;2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw • Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. s�. 241 City of Round Rock Regular City Council Meeting August 14, 2008 Page 5 of 7 862. Consider a resolution authorizing the Mayor to execute the Third Amendment to the Declaration of Covenants, Conditions, and Restrictions for-the Encino Plaza subdivision. Jim Stendebach, Planning and Community Development Director made the staff presentation. • RESOLUTION NO. WHEREAS, Encino Plaza, a subdivision in Williamson County, Texas is within a public improvement district authorized by the City Council on December 10, 1996, and WHEREAS, the owners of the real property known as Encino Plaza have,adopted a Declaration of Covenants, Conditions and Restrictions which requires execution by the City, and WHEREAS, the owners of the real property known as Encino Plaza have submitted an Amended Declaration of Covenants, Conditions and Restrictions ("Amended Declaration"), and WHEREAS, said Amended Declaration deletes the restrictions against overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment for Lot Three-B (3-13), Block "B", Plat Amendment of Lots 3-A1 and 3-A2, Block B, of Encino Plaza, so long as said lot is owned and operated as a hotel, and WHEREAS, the,City wishes to approve said Amended Declaration, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Amended Declaration of Covenants, Conditions and Restrictions which deletes the restrictions against overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment for Lot Three-B (3-13), Block "B", Plat Amendment of Lots 3-A1 and 3-A2, Block B, of Encino Plaza, so long as said lot is owned and operated as a hotel, a copy of • same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 14th day of August, 2008. MOTION: Mayor Pro-Tem Clifford moved to approve the resolution. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Rhode • ACTION: The motion carried unanimously. 8C1. Consider a resolution authorizing the Mayor to execute Change Order No. 1 with Journeyman Construction for the Old Settlers at Palm Valley (OSPV) Sports Complex Improvements Project "B." Rick Atkins, Parks and Recreation Director made the staff presentation. 242 City of Round Rock Regular City Council Meeting August 14, 2008 Page 6 of 7 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 •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 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 14th day of August, 2008. MOTION: Councilmember Whitfield;moved to approve the resolution. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. APPOINTMENTS: 9A. Consider 1 appointment to the Tourism Commission. MOTION: Councilmember Honeycutt moved to appoint by acclamation Hank Patel to fill an unexpired term on the Tourism Commission. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw - Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously.- L • i .art._ 4% .fit,:' K.�. 243 . City of Round Rock Regular City Council Meeting August 14, 2008 Page 7 of 7 EXECUTIVE SESSION: 11A. Executive Session as authorized by§551.072, Government Code, related to the purchase of easements from the Avant family necessary for the Raw Water Delivery System • Proiect from Lake Georgetown. The Council recessed to the Executive Chamber for the Executive Session. The Executive Session was called to Order by Mayor McGraw at 7:55 p.m. Mayor McGraw adjourned the Executive Session at 8:28 p.m. and the regular session reconvened. ACTION RELATIVE TO EXECUTIVE SESSION: 12A. Consider discussion and/or possible action related to the proposed purchase of easements from the Avant family necessary for the Raw Water Delivery System Project from Lake Georgetown. MOTION: Councilmember Whitfield moved to approve a settlement offer of $115,000 and to leave the existing line. Councilmember Salinas seconded the motion. • VOTE: Ayes: Councilmember Honeycutt Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. ADJOURNMENT: There being no further business, the meeting adjourned at 8:30 p.m. Respectfully Submitted, Sara L. White, City Secretary • 244 City of Round Rock, Texas City Council Work Session August 19, 2008 The Round Rock City Council met in a'Work Session on Tuesday, August 19, 2008, at the United Heritage Center Round Rock Room, 3400 Palm Valley Boulevard. CALL SESSION TO ORDER—.8:00 A.M. Mayor McGraw called the session to order at 8:04 a.m. ROLL CALL: Those members present were Mayor 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. Also present were the following department directors: Cindy Demers, Finance Director, Cheryl Delaney, Assistant Finance Director; Rick Atkins, Parks and Recreation Director, Dale Ricklefs, Library Director, Teresa Bledsoe, Human Resources Director, Larry Hodge, Fire Chief, Bryan Williams, Police Chief, Michael Thane, Utilities Director, Tom Word, Public Works Director, Danny Halden, City Engineer and Planning and Community Development Director, Jim Stendebach. • CONSIDER OPENING REMARKS BY CITY MANAGER City Manager, Jim Nuse welcomed the group and briefly covered the goals that the Council developed in 2003. He also covered;the public policy cycle and successes over the last 5 years. He explained that the City is back at.the top of the cycle and today is for the Council to make policy for going into the future. Mr. Nuse introduced Herb Marlowe, the consultant and facilitator for the day. CONSIDER CITY COUNCIL VISIONING WORKSHOP TO DISCUSS THE FOLLOWING STRATEGIC RESULT AREAS: Mr. Marlowe spoke for a few minutes on what he is going to cover in the strategic planning workshop beginning with an overview of strategic planning process and the purpose of strategic planning. He began with an activity for the Council called 2060/2100 Backward Analysis. This exercise looks at what decisions are in the pipeline or could be made by the Council that a 2060 and 2100 Council, Staff and Community-would look back on and consider a 245 City of Round Rock City Council Work Session August 19, 2008 Page 2 of 4 very wise decision that really shaped the city. The council broke into groups with staff and discussed some ideas and then came back together and went over what was discussed. Mr. Marlowe then conducted a training exercise which covered Council and staff assumptions about the city. The Council and Staff were polled on questions concerning the following topics and there was a brief discussion on each one by the Council: 4A. Wealth and Resource Generation 4B. Mobility and Connectivity 4C. Public Health and Safety 4D. Community Character 4E. Recreation 4F. Human Capital, Education and Workforce 4G. High Value Governance and Civic Leadership The Council broke for a brief recess and then reconvened and broke from the order of the agenda to consider the following item: PRESENTATION 7A. Consider a presentation regarding bioscience. Jim Nuse introduced Pike Powers • and his associate Jerry Converse, a real estate attorney who has worked with high tech companies such as AMD, Applied Materials and Samsung just to name a few. Mr. Powers went on to some history on the Texas Emerging Technology Fund and explained that there is a heavy commitment on life sciences among the board of the Emerging Technology Fund. He also discussed some projects that are in the works in the bioscience and nanotechnology areas. Mr. Powers also discussed the Texas Healthcare and Biotechnology Institute and encouraged the City to join. Mr. Converse then discussed Temple, Texas regarding their desire to attract a large biotechnology company to their area. The city went to legislature to create a special district that overlays the entire city, levy ad-valorum tax, separate elected board made up of five elected officials and focus is to deal with activities in the biotechnology area and started with • the old Texas Instruments building. The City worked with Scott & White to rehab the building for state of the art medical labs. Worked with local school district to create a clinical technician program where students can graduate with a two-year associate's degree and really involves the workforce in the city of Temple. Both presenters encouraged the City Council and staff to get involved as they can in all meetings related to biotechnology and bioscience. 246 1;O , City of Round Rock City Council Work Session August 19, 2008 Page 3 of 4 The Council recessed for a ten minute,break and then reconvened. RESUME CITY COUNCIL VISIONING WORKSHOP TO DISCUSS THE FOLLOWING STRATEGIC RESULT AREAS: Mr. Marlowe then continued the training exercise which covered Council's and staff's assumptions about the city. The Council and Staff were polled on questions concerning the- following topics and there was a brief discussion by the Council on each question: 4A. Wealth and Resource Generation 4B. Mobility and Connectivity 4C. Public Health and Safety 4D. Community Character 4E. Recreation 4F. Human Capital, Education and Workforce 4G. High Value Governance and Civic Leadership PRESENTATION 5A. Consider a presentation by Roger Brooks regarding tourism. Roger Brooks spoke to the Council and staff regarding tourism and branding.in general as well as covering some 4 0 case studies concerning other cities in the US. Mr. Brooks also touched on the City's efforts to brand itself as the Sports Capital of Texas. RESUME CITY COUNCIL VISIONING WORKSHOP TO DISCUSS THE FOLLOWING STRATEGIC RESULT AREAS: Mr. Marlow completed the polling and then discussed the desired results of the City. He broke it down into the categories listed above and below. 6A. Wealth and Resource Generation -the following desired results were discussed: • Diversification • Higher average wage • Synergies among existing businesses • Retention of existing businesses • Leverage and maximization of,resources • Adequate public facilities and;infrastructure to support economic growth 66. Mobility and Connectivity—the following desired results were discussed: • Free flowing traffic • • Alternatives to autos • Public Transit • Walkable/bikeable • Connected to region • City wide broad band, access to internet everywhere 6C. Public Health and Safety—the following desired results were discussed: • Adequate and safe water supply 247 City of Round Rock City Council Work Session August 19, 2008 Page 4 of 4 • Afford able'water • Efficient use of water • Maintain safe community • Timely response to emergencies • Protection of natural resources • Public Health 6D. Community Character—the following desired results were discussed: • Prevent neighborhood deterioration • Support quality school system • Maintain small town atmosphere • Walkable/bikeable community • Historic preservation • Protect natural areas and features • A green, sustainable community 6E. Recreation (and Arts & Culture),—the following desired results were discussed:. • Adequate parkland for the future • Diversity of recreation programs • Affordable recreation programs • Range of arts and cultural opportunities • Adequate public facilities and infrastructure 6F. Human Capital, Education and Workforce — the following desired results were • discussed: • Skilled workforce to meet needs of private sector • Skilled workforce to provide public services • Environment attractive to Creative, Entrepreneurial and Investor groups • City wide access to internet and continuous learning opportunities. 6G. High Value Governance and Civic Leadership—the following desired results were discussed: • Provide very good value for the tax dollar • Stable public leadership that understands the community • Strong civic leadership • Council leadership on key issues PRESENTATION 7A. Consider a presentation regarding bioscience. This item was considered earlier in the day out of the regular order of the agenda. ADJOURNMENT: • There being no further business,the meeting adjourned at 4:30 p.m. Respectfully Submitted, Sara L. White, City Secretary 248 I& AW City of Round Rock,Texas City Council Work Session August 20, 2008 The Round Rock City Council met in aWork Session on Wednesday, August 20, 2008, at the United Heritage Center Round Rock Room, 3400 Palm Valley Boulevard. CALL SESSION TO ORDER—8:00 A.M. Mayor McGraw called the session to order at 8:04 a.m. • ROLL CALL: Those members present were Mayor McGraw, Mayor Pro-Tem Joe Clifford, Councilmember Rufus Honeycutt, Councilmember George White, Cou'ncilmember Carlos T. Salinas, Councilmember Scott Rhode, and Co'uncilmember Kris Whitfield. Also present were City Manager Jim Nuse, Assistant Manager David:Kautz and City Attorney Steve Sheets. PRESENTATION 3A. Consider a presentation regarding the proposed 2008-2009 Operating Budget. David Kautz, Assistant City Manager began the presentation with a brief introduction and informed the Council that this presentation will focus on the operating budget and the hotel and occupancy tax fund. He explained that,the City is in a good financial place right now, but that changes in the economy and a shift in Dell's sales tax status will impact the City in the • future. Mr. Kautz then introduced Cheryl Delaney, Assistant Finance Director who made the presentation and started with FY2008-2009 Proposed budget:highlights. Economic Influences • Regional economy remains healthier • Continued population growth; • Modest growth in building and commercial activity Current Financial Considerations • Current economic environment • Lower Sales tax revenue projects • Property Tax strategy Ms. Delaney went on to discuss the, short-term financial considerations such as other taxing entities' continued impact on local environment, market salary study and capital improvements projects that are coming online. Some long-term financial considerations 249 City of Round Rock City Council Work Session August 20, 2008 Page 2 of 7 discussed were sales tax revenue strategy, property tax revenue strategy, financial management policy strategy and then future bond issuance. Ms. Delaney then got into the details of the 2008-2009 proposed budget. She explained that are three general components to the operating budget: the General Fund,the Utility Fund, and the Dept Service fund. She then went covered further details of each of those components to the budget beginning with the General Fund. She also discussed how reliant the City of Round Rock is on sales tax and how low the City's property tax rate is compared to other cities in the area and comparable cities in Texas. She also covered some sales tax comparisons/projects and a sales tax utilization summary. She also covered the following items: Long term sales tax outlook: • City must continue to diversity economy • Continue destination retail • Medical industry and education centers Financial Management Policy: • Cap and reduce general fund operational reliance on Dell Taxable property tax values: • $8.121 Billion for 2008 taxable property • Proposed property tax rates—impact to citizens Financial Outlook: • Economic slowdown will impact growth • Dell revenue remains down • General fund sales tax reliance steady • Includes financial management policy transfer - • Preparation for financial impact of needs beyond 2010 (policy center, Westside recreation center, business center complex, GO bond authorization) Cindy Demers, Finance Director continued with the presentation and discussed the following points on the Utility Fund. This fund is totally self sufficient and there are no taxes • levied to support this fund. FY2008-2009 Utility Budget Summary • Utility Fund -$35.7 million operating budget • Reflects scheduled 5.8% rate increase • Budget highlights o 2.0 FTEs o Market Stud —PMP o Raw Water Reserve Costs o LCRA/BRA Wastewater Costs 250 � City of Round Rock City Council Work Session August 20, 2008 Page 3 of 7 o Regional Water Project-Lake Travis Ms. Demers went on to discuss the Health Insurance Internal Service Fund and how that fund has been doing over the last several years and covered some history on the fund. Teresa Bledsoe, Human Resources director then briefly covered the performance of the current health plan and some plans for the future. Cheryl Delaney resumed the budget presentation and,spoke to the Council on the Hotel Occupancy Tax FY 2008-2009 proposed budget. She covered,what the fund is used for and the components of the fund. Ms. Delaney then covered the priority new programs. She covered that the current proposed budget maintains current levels of service, no new programs are included and then multiple options that the Council has if they choose to fund any new programs. Priority New Programs • 2 sworn police officers • Telecommunications operators—2 FTEs • Additional maintenance for athletic fields with 2 FTEs • • Storm water management program • Reverse commuter service Ms. Delaney then covered the funding options available for new programs. RESOLUTION 4A. Consider a resolution scheduling public hearings on the proposed 2008 property, tax rate. Cheryl Delaney, Assistant Finance Director made the staff presentation previously in day. WHEREAS, Chapter 26 of the Property Tax Code [Vernon's Texas Codes Annotated, Tax Code, Sections 26.01 et. seq.] requires taxing units to comply with truth-in-taxation laws in adopting their tax rates, and WHEREAS, the Finance Director has,calculated the effective tax rate and the rollback rate, submitted them to the City Council and caused them to be published in a newspaper of general circulation. WHEREAS, the City of Round Rock's 2008 proposed tax rate exceeds the effective rate, and WHEREAS, it is mandatory in such case for the governing body of the City of Round Rock to vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item on which a record vote will be taken, and WHEREAS, it is necessary for the City Council to set a date, time, and place for the holding of two public hearings on the proposed property tax rate, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the first public hearing on the 2;008 proposed property tax rate be held on the 4th day of September, 2008, at 5:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson 251 =no n cr n/I►All I•TF6 �, _�,}�--e City of Round Rock tS►��1� City Council Work Session August_20, 2008 -Page 4 of 7 County, Texas, and the second public hearing on the 2008 proposed property tax rate be held on the 11th day of September, 2008 at 7:00 o'clock p.m. at 221 E. Main Street, Round Rock, Williamson County,Texas. That the ordinance to adopt the 2008 proposed property tax rate be placed on the agenda of the September 11, 2008 meeting of the Round Rock City Council as an action item on which'a record vote of the first reading will be taken and recorded. That the ordinance_ to adopt the 2008- proposed property tax rate be placed on the agenda of the September 25, 2008 meeting of the Round Rock City Council as an action item on which a record vote of the second reading and final adoption will be taken and recorded. That the City Council hereby approves the form of the attached Notice of Public Hearings on Tax Increase, attached hereto as Exhibit "A" and incorporated herein for all purposes, and directs the City Secretary to publish same in accordance with the provisions of Section 26.06 of the Texas Tax Code. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 20th day of August, 2008. MOTION: Councilmember Honeycutt moved to approve resolution. Councilmember Rhode seconded the motion. VOTE: Ayes: Councilmember Honeycutt • Councilmember White Mayor Pro-Tem Clifford Councilmember Salinas Councilmember Whitfield Mayor McGraw Nays: None Absent: Councilmember Rhode ACTION: The motion carried unanimously. CONSIDER DISCUSSION AND POSSIBLE DIRECTION TO THE CITY MANAGER REGARDING THE FOLLOWING TOPICS 5A. Legislative Update—12:00 NOON Susan Rocha and Randy Cain briefed the Council on issues that might be of topic in the upcoming legislative session that begins in January 2009. 5B. Utility Update, Impact Fees, Conservation Rates Michael Thane, Water/Wastewater Utilities Director covered the following items: • Water/Wastewater Master Plans He covered what is studied in the master plan update and also showed water and wastewater capital projects that will be coming up in the next ten years. 252 City of Round Rock City Council Work Session August 19,, 2008 Page 5 of 7 • CCN Service area Mr. Thane covered what a CCN is, issues that the City is experiencing in regards to CCNs and amendments that have been filed with the TCEQ • Regional Water Update-The project scheduled for phase 1A was covered as well as the project costs for phase 1A. • Regional Wastewater Update Mr. Thane updated the council who the regional partners on and what is being worked on at this time. He noted that the City of Round Rock has formally protested the 2007- 08 and 2008-09 LCRA budgets. He also informed the Council that the LCRA board has agreed to commence with negotiations to divest water and wastewater;assets in Williamson County. • Impact Fees—the following items were covered in the presentation: o Land Use and CIP o Land Use Assumptions o Growth/Capacity Needs o Fee History of the City of Round Rock o Fee Components and area fee comparison . • Water Conservation Program—Mr. Thane covered the following item in regards to water conservation: o Regulatory Initiatives o Goals of the city's water conservation plan o Drought contingency and peak day water use management plan o Requirement of the Texas Water Code to receive funding from the Texas Water Development Board o Water Conservation Program Outline • Water Reuse — Mr. Thane covered the reuse/reclaimed water is domestic or municipal water which has been treated to a quality suitable for beneficial use. He covered the city's existing reuse infrastructure as well ;as infrastructure under design and plans for the ultimate water reuse program. 5C. Special Events Center and Tourism David Kautz, Assistant City Manager covered in detail the draft ERA report on the special P P events center. He stated that the City has the financing capability of about $20M and that would include a HOT venue tax of 2%. Council gave direction to continue pursuing the special events center. 5D. Arts and Culture i 1 � 1 253 City of Round Rock City Council Work Session August;20, 2008 Page 6 of 7 Dale Ricklefs, Library Director covered the results of a survey that was done on arts and culture in the City of Round Rock. Discussion was done on funding of the arts and who would be making recommendations on funding. It was proposed that a subcommittee of the Council be an advisory board'for art's funding. 5E. Recycling and Sustainability Michael Thane, Utilities Director made the presentation and covered the following topics: RecVcling • Current Recycling services available in Round Rock • What is recyclable at the drop-off center • Revenue generated by the drop-off recycling center • Curbside Recycling • Curbside recycling participation results • . Household Hazardous waste disposal • How can participation be increased: o Accessibility o Convenience o Promotion o Awareness Mr. Thane also covered questions posed in the biannual survey that addressed recycling. He then covered options available for garbage and recycling. Ralph Rocco was present to answer questions and suggest a pilot program where customers would have garbage pickup once a week but would receive two 96-gallon containers, one for garbage and one for recycling. Mr. Rocco suggested doing a pilot program to see how the changes would affect customers. Energy Conservation & Building Standards: Mark Remmert, Chief Building Inspector spoke to the council on building standards and informed the Council and the new 2009 building standard codes will be brought before the • Council. A good cost/benefit analysis was requested to be given to the council when the 2009 standards are brought before the,Council. PRESENTATION 6A. Consider a presentation regarding bioscience. This presentation was considered during day 1 of the retreat. 254 City of Round Rock City Council Work Session August P% 2008 Page 7 of 7 ZV ADJOURNMENT: There being no further business,the meeting adjourned at 4:45 p.m. Respectfully Submitted Sara L. White, City Secretary 55 -Cir 255 - City ty of Round Rock, Texas Regular City Council Meeting August 28, 2008 The Round Rock City Council met in Regular Session on Thursday, August-2-&, 2008, in the City Council Chamber, 221 E. Main Street. CALL SESSION TO ORDER—7:00 P.M. Mayor Pro-Tem Clifford called the session to order at 7:00 p.m. ROLL CALL: Those members present were 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. Mayor McGraw was absent from this meeting. PLEDGE OF ALLEGIANCE: Mayor Pro-Tem Clifford led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: Grant Hayzlett, National Sign Plazas, spoke to the Council regarding RFP # 08-016 and asked that it be re-issued so that National Sign Plazas' proposal could be considered. Yolanda and Selicia Sanchez of the Round Rock Ballet spoke of the 1st Annual Round Rock Ballet Folklorico Summer Cultural Fest at the Amphitheater located at the Baca Center and is looking for support from the Council to continue this event. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. Item 9A1 was removed from the consent agenda and considered in the regular order of the agenda. *6A. Consider approval of the City Council minutes for the August 14, 2008. *9D1. Consider a resolution authorizing the City Manager to issue a purchase order to Intertech Flooring for carpet,tile, and vinyl baseboard for the Robert& Helen Griffith Public Library. 256 City of Round Rock Regular City Council Meeting August 28, 2008 Page 2 of 12 *9D2. Consider a resolution authorizing the City Manager to issue a purchase order to Greenway Enterprises, Inc. for remodeling and painting of the Robert & Helen Griffith Public Liber • *9E2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the 2008-2009 Pictometry Aerial Photo Project. *9E3. Consider a resolution authorizing the Mavor"to execute a "Small Municipal and County Enterprise License Agreement" with Environmental Systems Research Institute, Inc. ESRI . 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: *6A. Consider approval of the City Council minutes for August 14, 2008. This item was approved under the consent agenda. PUBLIC HEARINGS: 7A1. Consider public testimony regarding an application filed by the Kurtz Family Trust to rezone 11.0 acres of land located on the southwest side of Sam Bass Road between Somerset Drive and Meadows Drive from the SF-1 (Single Family— Large Lot) zoning district and SF-2 (Single Family — Standard Lot) zoning districts to the OF (Office) zoning district. (Kurtz IEEtj Jim Stendebach, Planning and Community Development Director made the staff r presentation. This property is located on Sam Bass Road and Mr. Stendebach described the surrounding property zonings and then described the permitted uses for the Office (OF) Mayor Pro-Tem Clifford opened the public hearing. There being no testimony, the public hearing was closed. 257 City of Round Rock Regular City Council Meeting August 28, 2008 Page 3 of 12 ORDINANCES: 8A1. Consider an ordinance rezoning 11.0 acres of land located on the southwest side of Sam Bass Road between Somerset Drive and Meadows Drive locate from the SF-1 (Single i Family—Large Lot) zoning district and SF-2 (Single Family—Standard Lot) zoning districts to the OF (Office) zoning district. (Kurtz Tract) (First Reading)Jim Stendebach made the presentation previously in the meeting during the public hearing. 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.11.0 ACRES OF LAND, OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130 AND THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF-1 (SINGLE FAMILY- LARGE LOT) AND DISTRICT SF-2 (SINGLE FAMILY-STANDARD LOT)TO DISTRICT OF (OFFICE). MOTION: Councilmember Salinas 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 item 9131 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. 8131. Consider an ordinance amending Chapter 9, Section 9.502, Round Rock Code of Ordinances, establishing a 45-mph speed zone on A.W. Grimes from US 79 to Old Settlers Blvd. 258 City of Round Rock Regular City Council Meeting August 28, 2008 Page 4 of 12 (First Reading)(Requires Two Readings) Tom;Martin,Transportation Services Director made the staff presentation. 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 A. W. GRIMES BOULEVARD; 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 Councilinember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 8C1. Consider an ordinance amending Chapter 3, Section 3.1000, Round Rock Code of Ordinances, regarding Flood Damage Prevention Regulations. (First Read ing)(Reguires Two • Readings) Danny Halden, City Engineer, made the staff presentation. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.100b, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING: FLOOD DAMAGE PREVENTION REGULATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. MOTION: Councilmember Honeycutt moved to adopt the ordinance. Councilmember Salinas seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford , Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. Y RESOLUTIONS: 9A1. Consider a resolution authorizing the Mayor to execute a license agreement for directional signs in the City rights-of-way with Motivational Systems Inc. (MSI) This item was 259 City of Round Rock Regular,City Council Meeting August 28, 2008 Page 5 of 12 removed from the consent agenda and considered in its normal place on the agenda. Jim Nuse, City Manager,Jim Stendebach, Planning and Community Development Director, and Randy Barker, Purchasing Manager made the staff presentation. Randy Barker went through the process in selecting the vendor. RESOLUTION NO. WHEREAS, the City of Round Rock ("City") prohibits the placement of signs in the public rights-of-way, and WHEREAS, on June 26, 2003 by Resolution No. R-03-06-26-11E, the City established a Kiosk Sign Program to direct prospective home buyers to new homes and subdivisions within the City and to provide directional information to municipal buildings, and WHEREAS Motivational Systems, Inc. MSI is in the i y ("MSI") business of erecting and maintaining such signs and administering such a directional sign program, and WHEREAS, MSI and City staff have negotiated a License Agreement for Signs in City Rights-of-Way, which the Council wishes to approve, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement for Directional Signs in City Rights-of-Way with Motivational Systems, Inc., a copy of same being attached hereto as Exhibit "A', and incorporated herein for all purposes. The City Council hereby finds'and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 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 Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. 9131. Consider a resolution approving the Bylaws of the Brushy Creek Regional Utility SAuthority, Inc.; authorizing the Mayor to execute the Master Contract for the Financing, Construction, and Operation of the Brushy Creek Regional Utility Authority, Inc. Regional Water Treatment and Distribution Project; and approving the Financing Agreement with the Texas Water Development Board. Michael Thane, Utilities Director and Steve Sheets, City Attorney 260 , City of Round Rock Regular City Council Meeting August 28, 2008 Page 6 of 12 made the staff presentation. Gary Kimball, of First Southwest, is the City and BCRUA's financial advisor and he presented specifics on the finance agreement. RESOLUTION NO. • WHEREAS, the City of Round Rock, Texas (the "City") is a participating and founding member of the Brushy Creek Regional Utility;Authority, Inc., (the "BCRUA"); and WHEREAS, the City, along with th& other participating and founding member cities, namely the City of Leander, Texas and the City of Cedar Park, Texas (collectively with the City, the "Member Cities") have previously authorized the creation of the BCRUA and approved the BCRUA's Articles of Incorporation; and WHEREAS, there has been presented to the City Council of the City a copy of the proposed Bylaws of the BCRUA (the "Bylaws"), by which the BCRUA will operate; and WHEREAS, there has been presented:to the City Council of the City a draft of the Master Contract for the financing, construction and operation of the,BCRUA Regional Water Treatment and Distribution Project (the "Master Contract") between the Member Cities and the BCRUA, pursuant to which the BCRUA will construct, operate and maintain water treatment and distribution facilities for the benefit of the Member Cities; and WHEREAS, the City Council of the City has determined that the services to be provided by the BCRUA Project as defined in the Master Contract are absolutely necessary and essential to provide treated water to the City; and WHEREAS, the City wishes to request the BCRUA to issue a separate series of contract revenue bonds for the City in an amount;not to exceed $65,870,000 to finance the City's contribution to the construction and equipment of the BCRUA Project pursuant,to the Master Contract; and WHEREAS, concurrently with the actions taken herein by the City, the other Member Cities will be taking similar action regarding approval of the Bylaws and Master Contract, as well as preparations for the financing of their respective contribution to the construction of the BCRUA Project pursuant to the Master Contract; and WHEREAS, it is hereby found and 'determined that it is .necessary and in the best interests of the City and its citizens to approve the Bylaws, enter into the Master Contract and approve the BCRUA's entering into a financing agreement with the Texas Water Development Board pursuant to the Master Contract; and, WHEREAS, it is hereby further officially found and determined that public notice of the time, place, and purpose of this meeting wa's 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, SECTION 1. RECITALS. The recitals:set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. Capitalized terms used herein shall have the meaning assigned in the preamble hereof or the Master Contract, unless otherwise defined. SECTION 2. BYLAWS. The Bylaws, as attached hereto as Exhibit "A", are hereby approved and the Mayor and City Secretary,are hereby authorized and directed to execute the Bylaws, as appropriate. SECTION 3. MASTER CONTRACT. The Master Contract is hereby approved and the S Mayor and City Secretary are hereby authorized and directed to execute the Master Contract in substantially the form and substance attached hereto as Exhibit "B", with such changes as may be approved by the City Attorney and bond counsel to the BCRUA. SECTION 4. FINANCING AGREEMENT. The City approves -the BCRUA executing a financing agreement with the Texas Water-Development Board in'substantially the form and substance attached hereto as Exhibit "C" with such change's 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 i �. 261 City of Round Rock Regular City Council Meeting August 28, 2008 Page 7 of 12 Manager is hereby delegated the authority to confer with the BCRUA General Manager regarding approval of Texas Water Development Board financing rates in accordance with the financing agreement. SECTION 5. PAYMENT OF ATTORNEY GENERAL FEE. The City hereby authorizes the disbursement of a fee equal to the lesser of (i) one-tenth of one percent of the principal • amount of the series of bonds issued by the BCRUA for the City_ or. (ii) $9,500, provided that such fee shall not be less than $750, to the Attorney General of Texas Public Finance Division for payment of the examination fee charged by the State of Texas for the Attorney General's review and approval of public securities and credit agreements, as required by Section 1202.004 of the Texas Government Code. The appropriate member of the City's staff is hereby instructed to take the necessary measures to make this payment. The City is also authorized to reimburse the appropriate City funds for such payment from proceeds of the bonds issued by the BCRUA. SECTION 6. IMMEDIATE EFFECT. This Resolution shall take effect immediately from and after its adoption in accordance with the law. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 28th day of August, 2008. MOTION: Councilmember Rhode moved to approve the resolution. Councilmember Whitfield 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. 9C1. Consider a resolution authorizing the Mayor to execute an agreement with the Union Pacific Railroad regarding improvements to the railroad crossing at Sam Bass Road: Tom Martin,Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, in order to" facilitate the construction of the proposed roadway • improvements on Sam Bass Road, it is necessary to improve the existing surface crossing at DOT No. 439-701f, Railroad Milepost 1.62, on its Georgetown Industrial Lead, and WHEREAS, the Council wishes to enter into a Public Road Crossing Improvement Agreement with Union Pacific Railroad Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Public Road Crossing Improvement Agreement with Union Pacific Railroad Company, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such 262 City of Round Rock Regular City Council Meeting August 28, 2008 Page 8 of 12 meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 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. *9D1. Consider a resolution authorizing the City Manager to issue a purchase order to Intertech Flooring for carpet,tile, and vinyl baseboard for the Robert & Helen Griffith Public Library. This item was approved under the consent agenda. RESOLUTION NO. • WHEREAS, the City of Round Rock (".City") desires to'purchase carpet, ceramic tile, and vinyl baseboard for the Library, and WHEREAS, the City is a member of the Texas Government Statewide Purchasing Cooperative ("Buy Board"), and WHEREAS, Intertech Flooring is an approved vendor of the Buy Board, and WHEREAS, the City wishes to issue a purchase order to Intertech Flooring, 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 Intertech Flooring for the purchase of carpet, ceramic tile, and vinyl baseboard for the Library. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2008. *9D2. Consider a resolution authorizing the CitV Manager to issue a purchase order to Greenway Enterprises, Inc. for remodeling and painting of the Robert & Helen Griffith Public Library. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round. Rock ("City") desires to remodel and paint the interior of the Robert G. and Helen Griffith Public Library, and f.IDArT nnlnll rrrrZ City of Round Rock Regular City Council Meeting August 28, 2008 Page 9 of 12 WHEREAS, the City is a member of The Cooperative Purchasing Network("TCPN"), and WHEREAS, Greenway Enterprises is an approved vendor of the TCPN, and WHEREAS, the City wishes to issue a purchase order to Greenway Enterprises, 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 Greenway Enterprises for remodeling and painting of the Robert G. and Helen Griffith Public Library. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this.28th day of August, 2008. 9E1. Consider a resolution authorizing the Mayor to execute an agreement for professional consulting services with Torti Gallas and Partners. Inc. for the Downtown Redevelopment and Expansion Plan. Will Hampton, Communications Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional consulting services for a downtown redevelopment and expansion plan, and. WHEREAS, Torti Gallas and Partners, 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 Torti Gallas and 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 Consulting Services for Downtown Redevelopment and Expansion Plan with Torti Gallas and 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 28th day of August, 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 264 119 17_A ;F n-ffAq,'r_®•C City of Round Rock Regular City Council Meeting August 28, 2008 Page 10 of 12 ACTION: The motion carried unanimously. *9E2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the 2008-2009 Pictometry Aerial Photo Project. This item • was approved under the consent agenda. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County regarding the 2008-2009 Pictometry Aerial Photo Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with Williamson County, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was"adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 28th day of August, 2008. • *9E3. Consider a resolution authorizing the Mayor to execute a "Small Municipal and County Enterprise License Agreement" with Environmental Systems Research Institute, Inc. (ESRI). This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock has a need for technical services for the purchase, maintenance, upgrade, and support of geographic information system (GIS) software, and WHEREAS, Environmental Systems Research Institute, Inc. (ESRI) has submitted a Small Municipal and County Enterprise License Agreement to provide said.services, and WHEREAS, the City Council desires to.enter into said agreement with ESRI, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute the license agreement proposed by ESRI for the purchase, maintenance,ntenance upgrade and support of geographic information system (GIS) software, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place • and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 28th day of August, 2008. TIT. 265 City of Round Rock Regular City Council Meeting August 28, 2008 Page 11 of 12 9E4. Consider a resolution waiving certain fees related to the Williamson County Annex construction proiect. Jim Nuse, City Manager made the staff presentation. RESOLUTION NO. • WHEREAS, Williamson County is in the process of designing a Williamson County Annex to be located within the city limits, south of Old Settlers Boulevard, and east of Sunrise Boulevard, and WHEREAS, the City Council hereby determines that it is in the best interest of the City to waive certain development fees, and WHEREAS, the City Council also determines that such waiver of fees will result in economic benefit to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the following fees for the Williamson County Annex shall be waived: a) Building permit fees; b) Fire inspection fees; C) Landscape fees; d) Water and wastewater inspection fees; and e) Platting fees. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. • RESOLVED this 28th day of August, 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. 9E5. Consider a- resolution authorizing the Mayor to execute an agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal for • professional lobbying services. Jim Nuse, City Manager made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain professional lobbying services, and WHEREAS, Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal have submitted a letter of agreement to provide said services, and WHEREAS, the City Council desires to enter into said letter of agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, { 266 �. ►nn►rc�,� City of Round Rock Regular City Council Meeting August 28, 2008 Page 12 of 12 That the Mayor is hereby authorized and directed to execute on behalf of the City a letter of agreement with Randy C. Cain, Attorney at Law, and Susan Rocha of Denton, Navarro, Rocha & Bernal for professional lobbying 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 time's during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 28th day of August, 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 , Nays: None Absent: Mayor McGraw ACTION: The motion carried unanimously. ADJOURNMENT: • There being no further business,the meeting adjourned at 8:32 p.m. Respectfully Submitted, Sara L. White, City Secretary • 267 -11- City 67 -1City of Round Rock,Texas Special Called City Council Meeting September 4, 2008 The Round Rock City Council met in a Special Called Session on Thursday, September 4, 2008, 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 5:00 p.m. F 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. PUBLIC HEARINGS: 3A1. Consider public testimony concerning the proposed 2008 property tax rate for the City of Round Rock. Cheryl Delaney, Assistant Finance Director made the staff presentation. She briefly covered the statute that requires the City hold two public hearings regarding the property tax rate. She also covered highlights from the 2008-2009 proposed operating budget. • Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. ADJOURNMENT: There being no further business,the meeting adjourned at 5:07 p.m. Respectfully Submitted, Sara L. White, City Secretary • 268 City of Round Rock, Texas Regular City Council Meeting September 11, 2008 The Round Rock City Council met in Regular Session on Thursday, September 11, 2008, 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 7:02 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: Harr Savio 8140 Exchange Drive , Austin spoke on Item 10C1 in protest of the • Y g ,. . p proposed increase in water and wastewater impact fees. PROCLAMATION: 5A. Consider a proclamation in support of the "Music March for Heroes" campaign. Mayor McGraw read the following proclamation and presented it to Monet Sangermano. WHEREAS, the Music March for Heroes is an organization created to transform lives in our community by working with established non-profits that provide much-needed community services; and WHEREAS, the Music March for Heroes has volunteered time and energy toward creating awareness and funds for the non-profit "Hope for Heroes" Program, launched by the Samaritan Counseling Center of Austin; and WHEREAS, the Music March for Heroes is able to have a wildly successful 2008 in order to support a strong continuation of the "Hope for Heroes" program, which provides confidential, no-charge counseling to military personnel and their families; and WHEREAS this ear's major fundraising event— Music March for Heroes — has various • scheduled events with a finale at La Zona Rosa on October 12; NOW, THEREFORE, I, MAYOR ALAN McGRAW, on behalf of the Round Rock City Council, do hereby proclaim support to the "Music March for Heroes" in the City of Round Rock, Texas, and do hereby urge the citiiens of Round Rock to support this organization so they can continue creating awareness about the need to transform the lives of military personnel and their families by providing a safe outlet to heal, leading toward a healthier community. 269 ,. City of Round Rock Regular City Council Meeting September 11, 2008 Page 2of14 PROCLAIMED this 11th day'of September 2008. PRESENTATIONS: 6A1. Consider a presentation from the Round Rock Independent School District Superintendent Dr. Jesus Chavez on the E3 Alliance 2008 Central Texas Education Profile. Dr. Jesus Chavez presented on the E3 Alliance and covered the purpose, the partners and contributors as well as the board of directors. The E3 Alliance is a catalyst for change and is the P-16 Council for Central Texas. Dr. Chavez then covered the Central Texas Profile report and started with the scope of the Central Texas education profile and what the education profile is. He then covered some selected findings from the report and some recommendations for each of the areas in the report. Mayor McGraw dispensed with the order of the agenda with the unanimous consent of all the Councilmembers present and addressed the following item: 6A3. Consider a presentation regarding the City's emergency preparations for persons • seeking shelter from Hurricane Ike as well as preparations for any damage caused by the storm itself. Brad Bradford and Assistant Chief of Police Tim Ryle.presented a status update on Hurricane Ike"and the efforts the City of Round Rock is doing to help evacuees from the coastal regions of Texas. 6A2. Consider a presentation from the BWM Group regarding Round Rock Gateway Sins. Tim Bargainer, from the BWM Group made a follow-up presentation to the Council regarding gateway signs on 1-35 as you are entering the City from the North. He presented the Council with 5 different options and showed them both day and night versions of each option. Mr. Bargainer then covered the cost associated with each option and,then answered questions of the Council. Each Councilmember gave their opinion on the options and which one they • liked. 6A3. Consider a presentation regarding the City's emergency preparations for persons seeking shelter from Hurricane Ike as well as preparations for any damage caused by the storm itself. This item was considered earlier in the meeting. 270 City of Round Rock Regular City Council Meeting September 11, 2008 Page 3 of 14 6131. Consider a presentation from Front Row Marketing regarding the Value Assessment of the City Parks and Recreation iFacilities for Sponsorship Program. Eric Smallwood from Front Row Marketing made a presentation-to the Council on their findings regarding a city facility and recreation facility advertising program. He covered all areas and what kind of income stream each option could generate', Finally he made some recommendations to the Council and presented that total revenue potential of $1.4m: to $2.OM annually. Rick Atkins, Parks and Recreation Director answered questions of the Council. 6C1. Consider a presentation on the Transportation Capital Improvement Program (TCIP) quarterly report. John Dean, Transportation Project Manager made the presentation to Council on the TCIP quarterly report and gave the Council an update on the current projects. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were removed from the consent agenda. • *8A. Consider approval of the City Council minutes for the August 19, 2008 Work Session, August 20, 2008 Work Session, and August 28, 2008 Regular Meeting. *10A1.Consider an ordinance amending Chapter 9, Section 9.502, Round Rock Code of Ordinances, establishing a 45-mph speed zone on A.W. Grimes from US 79 to Old Settlers Blvd. (Second Reading) *10131.Consider an ordinance amending Chapter 3, Section 3.1000, Round Rock Code of Ordinances, regarding Flood Damage Prevention Regulations:(Second Reading) 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 27:1 City of Round Rock Regular City Council Meeting September 11, 2008 Page 4 of 14 Nays: None ACTION: The motion carried unanimously. APPROVAL OF MINUTES: *8A. Consider approval of the City Council minutes for the August 19, 2008 Work Session, August 20, 2008 Work Session, and August 28, 2008 Regular Meeting. This item was approved under the consent agenda. PUBLIC HEARINGS: 9A1. Consider public testimony concerning the proposed 2008 property tax rate-for the City of Round Rock. (Second Public Hearing) Cheryl Delaney, Assistant Finance Director made the staff presentation on Items 9A1, 9A2, and 9A3 all in the same presentation. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9A2. Consider public testimony concerning the proposed 2008 — 2009 operating • budget for the City of Round Rock. (First Public Hearing) The presentation for this item was made previously in the meeting during Item 9A1. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 9A3. Consider public testimony concerning proposed amendments to the water and wastewater rates. The presentation for this item was made previously in the meeting during Item 9A1. Mayor McGraw opened the public hearing. Margie Artieschoufsky, 1509 Shady Hillside Pass, addressed the Council regarding whether the water/wastewater rate increase included recycling. There being no further testimony, the public hearing was closed. • ORDINANCES: *10A1.Consider an ordinance amending Chapter 9, Section 9.502, Round Rock Code of Ordinances, establishing a 45-mph speed zone on A.W. Grimes from US 79 to Old Settlers Blvd. (Second Reading) This item was approved under the consent agenda. 272 City of Round Rock Regular City Council Meeting September 11, 2008 Page 5 of 14 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 A. W. GRIMES BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. *1061.Consider an ordinance amending Chapter 3, Section 3.1000, Round Rock Code of • Ordinances, regarding Flood Damage Prevention-Regulations. (Second Reading) This item was approved under the consent agenda. AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1000, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING FLOOD DAMAGE PREVENTION REGULATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 10C1. Consider an ordinance amending Water and Wastewater Impact Fees for new customers connecting to the City's water and wastewater systems. (First Reading) (Requires Two Readings) Michael Thane, WaterMastewater Utilities Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 10,; SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, ;BY AMENDING THE WATER AND WASTEWATER • IMPACT FEES, AND ADOPTING NEW LAND -USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN; 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. 10D1. Consider an ordinance adopting the 2008-2009 operating budget for the City of Round Rock (First Reading) (Requires Two Readings) The presentation for this item was given • earlier in the meeting during the public hearing. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, DIRECTING THE CITY SECRETARY TO FILE ATRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. '21 273 City of Round Rock Regular City Council Meeting September 11, 2008 Page 6 of 14 MOTION: Councilmember Honeycutt moved to adopt the ordinance. Mayor Pro-Tem Clifford seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White i Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 10D2. Consider an ordinance adopting the 2008 property tax rate for the City of Round Rock. (First Reading) (Requires Two Readings) The presentation for this item was given earlier in the meeting during the public hearing. AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 2008. MOTION: Councilmember Rhode moved that property taxes be increased by the • adoption of a tax rate of 36.522 cents. 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. 10D3. Consider an ordinance amending the City of Round Rock's Water & Wastewater rates. (First Reading) (Requires Two Readings) The presentation for this item was given earlier in the meeting during the public hearing. AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10.201 AND 10.202, CODE OF ORDINANCES • (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White 274 City of Round Rock Regular City Council Meeting September 11, 2008 Page 7 of 14 Councilmember Salinas Councilmember Rhode Councilmember Whitfield Mayor Pro-Tem Clifford . Mayor McGraw Nays: None • ACTION: The motion carried unanimously. 10D4. Consider an ordinance adopting the 2008-2009 Hotel/Motel Occupancy Tax Budget. (First Reading) (Requires Two Readings) Cheryl Delaney, Assistant Finance Director made the staff presentation. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK,TEXAS FOR FISCAL YEAR 2008-2009. MOTION: Councilmember Whitfield 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. RESOLUTIONS: 11A1. Consider a resolution authorizing the Mayor to execute an Agreement for Professional Consulting Services for Information System Assessment and Business Process Analysis with Plante & Moran, PLLC. Daniel Saucedo made the staff presentation. RESOLUTION N0. WHEREAS, the City of Round Rock desires to retain professional consulting services for information systems assessment and business process analysis, and WHEREAS, Plante & Moran, PLLC! has submitted an Agreement for Professional Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Plante & Moran, • PLLC, Now Therefore BE IT RESOLVED BY 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 Information Systems Assessment and Business Process Analysis with Plante & Moran, PLLC, 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 City of Round Rock Regular City Council Meeting September 11, 2008 Page 8 of 14 the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended RESOLVED,this 11th day of September, 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. 11131. Consider a resolution reiecting all bids submitted for the Egger Acres and Dennis Drive improvement project. Danny Halden, City Engineer, made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock has duly advertised for bids for the Egger Acres and • Dennis Drive Improvement Project, and WHEREAS, the Council has determined that all bids received should be rejected and the project should be re-bid, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That all bids received for the Egger Acres and Dennis Drive Improvement Project are hereby rejected and the project should be re-bid. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 11th day of September, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember Whitfield seconded the motion. VOTE: Ayes: Councilmember Honeycutt Councilmember White +;> Councilmember Salinas ,1 Councilmember Rhode • Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 276 City of Round Rock Regular City Council Meeting September 11, 2008 Page 9 of 14 11C1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for funding for th,e Brushy Creek Regional Trail Gap Proiect. 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 11th day of September, 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. 11D1. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with MCI Communications Services Inc., for the relocation of fiber optic cables for the Arterial A construction project. Tom Martin, Transportation Services Director, made the staff presentation. • RESOLUTION N0. WHEREAS, the City of Round Rock wishes to enter into a Reimbursement Agreement with MCI Communications Services, Inc. ("MCI") for the relocation of a fiber optic line owned by MCI 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 MCI Communications Services, Inc., a copy of same being 277 City of Round Rock Regular City Council Meeting September 11, 2008 Page 10 of 14 attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 11th day of September, 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 Rhode Councilmember Whitfield Mayor Pro-Tem Clifford Mayor McGraw Nays: None ACTION: The motion carried unanimously. 11D2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County regarding the expansion of A.W. Grimes Boulevard from U.S. 79 to Old • Settlers Boulevard. Tom Martin, Public Works 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 expansion of A. W. Grimes Boulevard.from U.S. 79 to Old Settlers Boulevard, Now Therefore BE IT RESOLVED BY 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 11th day of September, 2008. MOTION: Councilmember White moved to approve the resolution. Councilmember Whitfield seconded the motion. MOTION: Councilmember White moved to amend, his motion and approve the resolution with the amendment to the contract as proposed by Mayor McGraw. 278 City of Round Rock Regular City Council Meeting September 11, 2008 Page 11 of 14 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. 11E1. Consider a resolution authorizing the Mayor to execute an engagement letter with Brockway, Gersbach, McKinnon and Niemeir, P.C., Public Accountants, for the City's 2008 audit. Cheryl Delaney, Assistant Finance Director made the staff presentation. Members of the accounting firm were also present to answer,questions on the Council. RESOLUTION NO. WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Brockway, Gersbach, McKinnon & Niemeier, P.C. has submitted an engagement letter to provide;said audit for the fiscal year ending September 30, 2008, and • WHEREAS, the City Council wishes to Tenter into said engagement letter, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with Brockway, Gersbach,, McKinnon & Ni'emeier, P.C. to conduct said audit, a copy of said engagement letter being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares'that written notice,of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 11th day of September, 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. i 279 City of'Round Rock Regular City Council Meeting September 11, 2008 Page 12 of 14 11E2. Consider a resolution authorizing the Mayor to execute a Financing Program Agreement with SunTrust Equipment & Leasing Corp., to lease/purchase various equipment. Cheryl Delaney, Assistant Finance Director made the staff presentation. • RESOLUTION N0. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A LIMITED GENERAL OBLIGATION MASTER LEASE AGREEMENT WITH SUNTRUST EQUIPMENT FINANCE & LEASING CORP., EQUIPMENT SCHEDULE NO. 01, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Round Rock, Texas, as Lessee, proposes to enter into a Limited General Obligation Master Lease Agreement with SunTrust Equipment Finance & Leasing Corp., as Lessor; and WHEREAS, the principal amount expected to be financed is$750,000.00; and WHEREAS, Lessee is a political subdivision of the State of Texas in which Lessee is located (the "State") and is duly organized and existing pursuant to the Constitution and laws of the State of Texas; and WHEREAS, pursuant to applicable law, the governing body of Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of Lessee; and WHEREAS, the Governing Body desires to obtain certain equipment described in • Equipment Schedule No. 01 to the Limited General Obligation Master Lease Agreement in an amount not to exceed $750,000.00 (collectively the "Lease") with SunTrust Equipment Finance & Leasing Corp., the form of which has been available for review by the Governing Body of Lessee prior to this meeting; and WHEREAS, the Governing Body hereby finds and determines that the execution of one or more lease-purchase agreements ("Equipment Leases") in the principal amount not exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the property ("Property") described specifically in the Equipment Leases is appropriate and necessary to the functions and operations of Lessee, and that the Equipment is essential for Lessee to perform its governmental functions; and WHEREAS, Lessee has taken the necessary steps; including those relating to any applicable legal bidding requirements,to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with SunTrust Equipment Finance & Leasing Corp. substantially in the forms presented to the Governing Body, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. That the Mayor ("Authorized Representative") acting on behalf of Lessee is hereby authorized to negotiate, enter into, execute,and deliver one or more Equipment Leases in substantially.the form set forth in the document presently before the Governing Body, which document is available for public inspection at the offices of Lessee. Each Authorized Representative acting on behalf .of Lessee is hereby authorized to negotiate, enter into, • execute, and deliver such other documents relating to the Equipment Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized. Section 2. That by a written instrument signed by an Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of Lessee to execute and deliver agreements and documents relating to the Equipment Leases on behalf of Lessee. Section 3. That the aggregate original principal amount of the Equipment Leases shall not exceed the Principal Amount and shall bear interest as set forth in the Equipment Leases and the Equipment Leases shall contain such options to purchase by Lessee as set forth therein. 280 City of Round Rock Regular City Council Meeting September 11, 2008 Page 13 of 14 Section 4. That the terms of the Lease is in the-best interests of Lessee for the acquisition of the Equipment. Section 5. That the Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The Pledged Revenues and, more specifically, the first position priority pledge of the Interest and Sinking Fund as well as the pledge of and covenant to levy and: collect any and'all ad valorem taxes in amounts • sufficient to make all Rental Payments and other obligations hereunder and to deposit the same into the Interest and Sinking Fund are expressly approved and authorized. Section 6. That the Authorized Representative shall have the power to execute contracts on behalf of Lessee, and that such.Authorized Representative is hereby authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the Governing Body';s officers who execute the Lease, such approval to be conclusively evidenced by execution and delivery of the Lease. City Secretary of Lessee, and any other officer of Lessee who shall have been granted the power to do so, is authorized to affix the official seal of Lessee to the Lease and to attest the same. Section 7. That this Resolution shall take effect immediately upon its adoption and approval. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September, 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. APPOINTMENTS: 12A. Consider 1 appointment to the Round Rock Transportation System Development Corporation. Results from a poll of the Council follow: Will Williams 7 votes' Appointed Unanimously • Scott Ahlstrom 0 votes', Georgi Ann Jasenovec 0 votes: Stephanie Ramert 0 votes Debbie Hoffman 0 votes: 12B. Consider the Council's approval of the Mavor's appointment for Vice President t l 1` � .1• 28.1 City of Round Rock Regular City Council Meeting September 11, 2008 Page 14 of 14 of the Round Rock Transportation System Development Corporation. 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. ADJOURNMENT: There being no further business,the meeting adjourned at 10:18 p.m. Respectfully Submitted, Sara L. White, City Secretary 1 282 City of Round Rock, Texas Regular City Council Meeting September 25, 2008 The Round Rock City Council met in Work Session and Regular Session on Thursday, September 25, 2008, in the City Council Chamber, 221 E. Main Street. CALL WORK SESSION TO ORDER—6:00 P.M. Mayor McGraw called the work session to order at 6:02 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. PRESENTATIONS: 3A1. Consider a presentation and discussion concerning public rail transportation. Tom Word, Chief of Public Works made the staff presentation. He spoke to the Council on the Austin-San Antonio Intermunicipal Commuter Rail District, the Capital Metropolitan Transportation Agency, the Missouri, Kansas;Texas right-of-way, Texas High speed rail and the Round Rock Rail Link. Mr. Word covered plans being explored on all of the above projects. Mayor McGraw recessed the work session at 6:46pm. EXECUTIVE SESSION: 4A. Consider Executive Session aslauthorized 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. This item was considered later in the 'meeting when the work session reconvened. CALL REGULAR SESSION TO ORDER—7:00 P.M. Mayor McGraw called the regular session to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Girl Scout Troops 415 and 1459 led the following Pledges of Allegiance: United States Flag Texas State Flag CITIZEN COMMUNICATION: i tr,; 283 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 2 of 22 John Gordon, 1007 Green Meadow, Round Rock, Chairman of the Board of the Williamson County Orchestra spoke regarding funding for the orchestra. Michelle Mayfield, 1109 Wilderness Path, Round Rock, President of the Round Rock • community choir spoke regarding the funding for the choir. Jason Brecht, 3408 Nocona Cove, Round Rock, spoke regarding the proposed gateway signs along IH-35 and informed the Council that he is opposed to the signs. PROCLAMATION: 8A. Consider proclaiming September 29, 2008 as Public Safety Day sponsored by the Round Rock Noon Kiwanis. Mayor McGraw read the following proclamation and presented it to Dannis Harris of the Round Rock Noon Kiwanis. WHEREAS, Public Safety Awareness Day began around 1986 as a way to increase public awareness of the many and diverse roles of the Round Rock Fire Department, Police Department, and Emergency Medical Services (EMS); and WHEREAS, as our City has grown throughout the years, these public services have increased their presence in the community; and WHEREAS, the Round Rock Fire Department, Police Department, and EMS routinely provide the City with necessary services in an efficient, professional and courteous manner, and actively promote and encourages the goals of providing an attractive, safe and economically sound environment for its businesses and citizens; and WHEREAS, the Round Rock Noon Kiwanis is a non-profit civic organization that was ;founded in 1952 and has dedicated themselves to improving and enhancing the lives of young children in the City of Round Rock; and . WHEREAS, since 1991 Kiwanis has held an Annual Pancake Breakfast Fundraiser for all citizens to enjoy and then donated the proceeds of the fundraiser to the Texas Baptist Children's Home, Williamson County & Cities Health Department, scholarships to high schools in the Round Rock area, the YMCA, and many others; and WHEREAS, these two events were brought together several years ago on the front lawn of the Texas Baptist Children's Home to bring greater awareness to our community of the many service opportunities available in Round Rock and the. many roles that our public service departments fulfill; NOW, THEREFORE, I, ALAN MGRAW, Mayor of the City of Round Rock, Texas, do hereby proclaim September 29, 2008, as "PUBLIC SAFETY DAY SPONSORED BY ROUND ROCK NOON KIWANIS" in the City of Round Rock, Texas;.,.and urge all citizens to partake in the activities of the day and to practice Public Safety Awareness at all times. PROCLAIMED this 25th day of September 2008. Mayor McGraw dispensed with the order of the agenda, with the approval of the Council and considered the following item. 9132. Consider a presentation by the City Manager recognizing outstanding Public Safety employees. Jim Nuse, City Manager, made presentations to Round Rock the following 284 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 3 of 22 public safety officers: Police—Martin Flores,'Eric Mount and Bob Drawbaugh, Fire—Valentin Diaz, Steven Puckett, Gunther von Seltmann and Richard Rago. 8B. Consider proclaiming October 2008 as Breast Cancer Awareness Month. Mayor McGraw read the proclamation and presented it to Angelo Luna, Kelly Luna, and Anna Sierra from Community Health Services in Round Rock. WHEREAS, breast cancer is a major health problem to which all women and men are at risk and early detection of breast cancer saves lives and increases the survival rate; and WHEREAS, Komen Austin Race for the Cure and its international network of volunteers continue to lead the fight against breast cancer; and WHEREAS, Community Action, Inc. of Hays, Caldwell and Blanco Counties, a Komen Grantee since 2004, has helped numerous women in the Rural Capital Area diagnosed with breast cancer through grant money raised at'The Austin Race;For the Cure; and WHEREAS, Community Health Services in Round Rock, in collaboration with The Austin Affiliate of Susan G. Komen For the Cure, provides case management and patient navigation to help low-income uninsured women diagnosed with breast cancer to navigate through the complicated health care and social service system; and WHEREAS, this Komen-funded case management program has made a significant impact on the survival of low-income women diagnosed with breast cancer in the Rural Capital Area; and WHEREAS, the combined efforts of all these organizations and services are committed to empowering women to become more educated and involved in the fight against breast cancer; NOW, THEREFORE, I, ALAN McGRAW, Mayor of the City of Round Rock, Texas, do hereby • proclaim October 2008 as "ROUND ROCK BREAST CANCER AWARENESS MONTH" AND, I encourage everyone to support Breast Cancer Awareness Month events by . displaying or wearing pink in October. PROCLAIMED this 25th day of September 2008. PRESENTATIONS: 9A1. Consider a presentation regarding redevelopment plans for the Northwest corner of Mays Street and Palm Valley Boulevard (U.S. Hwy. 7-9). John Joseph, attorney representing the owners of the land made the presentation to the Council and presented the plan for the area including sketches. 9B1. Consider a presentation, discussion and action on the applications and recommendations for Hotel Occupancy Tax Funding for fiscal year 2008—2009. Cindy Demers, Finance Director made the staff presentation. She presented,the recommendations from the Arts Committee on funding of the arts. ' Mayor McGraw requested that an additional $1500 from the arts funds be allocated to EI Amistad. 285 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 4 of 22 MOTION: Councilmember Honeycutt moved to approve the funding as recommended with an additional $1500 to the EI Amistad Club of Round Rock. 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. 9132. Consider a presentation by the City Manager recognizing outstanding Public Safety employees. This item was considered earlier in the meeting. CONSENT AGENDA: The following items were considered routine by the City Council and were enacted by one motion. There was no separate discussion on any of these items and no items were • removed from the consent agenda. *11A. Consider approval of the City Council minutes for the September 4, 2008 Special Called Meeting and September 11, 2008 Regular Meeting. *14A1.Consider a resolution authorizing the Mayor to execute an Interlocal Contract with Capital Area Council of Governments (CAPCOG) for reimbursement for Public Service Answering Points operations. *14131.Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Uniform Rental from Unifirst Corporation for uniform service for City personnel. *14F3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement • with Capital Area Metropolitan Planning Organization (CAMPO) for local match funding for FY09 Surface Transportation Program—Metropolitan Mobility(STP-MM) Program. *14G1. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with YMCA of Greater Williamson County. i 286 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 5 of 22 *14G2. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with the Williamson—Burnet County Opportunities. *14G3. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with the Williamson County Children's Advocacy Center, • *14G4. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Round Rock Volunteer Center. *14G5. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with the'Round Rock Area Serving Center. *14G6. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Lone Star Circle of Care. *14G7. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Literacy Council of Williamson County. *14G8. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with LifeSteps. • *14G9. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Williamson County Crisis Center, dba Hope Alliance. *14G10. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Faith in Action—Round Rock. *14G11. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Bluebonnet Trails Community MHMR Center. 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. ���� ` u~�^ City mfRound Rock Work Session and Regular City Council Meeting September 25, 2008 Page Gof22 ' APPROVAL OF MINUTES:*11A. Consider approval of the City Council minutes for the September 4, 2008 Special Called Meeting and September 11, 2008 Regular Meeting.This item was approved under the consent agenda. PUBLIC HEARINGS: ` 12AI. Consider Public testimonV concerning the proposed 2008 — 2009 operating budget for the City of Round Rock. (Second Public Hearing), Cheryl Delaney, Assistant Finance Director made the staff presentations for Items 12A1, 13CI, 13C2, 13C2(a), and 13C3. � Mayor McGraw opened the public hearing. Jason Brecht, 3408 Nocona Cove, Round Rock,� spoke in opposition to the increase in ` water and wastewater rates. ' There being no further testimony, the public hearing was closed. 12131. Consider public testimony regarding an application filed by Conann Homes to amend a portion of Planned Unit Development (PUD) No.44 zoning district to allow townhouse dwellings, commercial and office uses. (Legends Village PUD Amendment No. 1) ]irn Stenclebech, Planning and Community Director made the staff presentation. He explained that this is an amendment to an existing PUD to allow for townhouses and some office space. Mayor McGraw opened the public hearing. There being no testimony, the public hearing was closed. 12132. Consider Public testimonV concerning proposed amendments to Chapter 11, regarding day care facilities., This item was removed from the agenda at the request ofstaff. 13A1. Consider an ordinance amending Water and Wastewater Impact Fees for new customers connecting to the CitV's water and wastewater sVstems. (Second Reading) Michael Thane, Utilities Director made the staff presentation. AN ORDINANCE AMENDING CHAPTER 10i SECTION 10.304 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK TEXAS BY AMENDING THE WATER AND WASTEWATER IMPACT FEES, AND ADOPTING NEW LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN; PROVIDING FOR /\ SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. Mayor Pro-tem Clifford moved to adopt the ordinance. Oou .oi|rnennber 288 City of Round Rock Work Session and Regular Cit Council g y Meeting September 25, 2008 Page 7 of 22 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. 1361. Consider an ordinance amending Planned Unit:Development (PUD) No. 44, Legends Village Section 4,to rezone 31.025 acres of land for townhouse, commercial and office development (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE AMENDING ORDINANCE NO. Z-00-09-14-962, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK,TEXAS, ON SEPTEMBER 14; 2000, BY AMENDING SECTIONS 11.1, 11.2, 11.4.1, 11.5, 11.10.1, 11.10.2, 11.11, AND EXHIBIT "D" OF PUD NO. 44, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: .Councilmember Honeycutt moved to adopt the ordinance. Councilmember 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. 13132. Consider an ordinance amending Chapter 11, regarding Day Care Facilities (First Reading)This item was removed from the agenda at the request of staff. 13133. Consider an ordinance annexing 3.8808 acres of A.W. Grimes Blvd. right-of-way, located between the approximate centerline of Brushy Creek.and the approximate centerline of • Lake Creek. (First Reading) Jim Stendebach, Planning and Community Development Director made the staff presentation. AN ORDINANCE AMENDING AND CORRECTING ORDINANCE NO. A-08-02-28-10C2 TO CORRECT THE PROPERTY DESCRIPTION TO REFLECT THE PROPERTY BEING ANNEXED AS 3.8808 ACRES INSTEAD OF 3.7638 ACRES; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS 289 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 8 of 22 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 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: 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 Mayor McGraw Nays: None ACTION: The motion carried unanimously. 13134. Consider an ordinance annexing the City of Round Water Treatment Plant tract containing approximately 28.89 acres. (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: 28.89 ACRES OF LAND, OUT OF THE E. EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY;. FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF • THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Salinas moved to adopt the ordinance. Councilmember Honeycutt seconded the motion. 290 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 9 of 22 r VOTE: Ayes: Councilmember Honeycutt Councilmember White Councilrmember 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. 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. 13C1. Consider an ordinance adopting the 2008-2009 operating budget for the City of • Round Rock (Second Reading)The presentation for this item was made earlier in the meeting. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF ROUND ROCK, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, DIRECTING THE CITY SECRETARY TO FILE A:TRUE COPY OF THE BUDGET WITH THE COUNTY CLERK OF WILLIAMSON COUNTY,TEXAS. MOTION: Councilmember White 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. 13C2. Consider an ordinance adopting the 2008 property tax rate for the City of Round Rock. (Second Reading)The presentation for'this item was made earlier in the meeting. AN ORDINANCE LEVYING TAXES FOR THE MAINTENANCE AND OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR THE INTEREST AND 291 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 10 of 22 SINKING FUND FOR THE YEAR 2008. MOTION: Councilmember Rhode moved that property taxes be increased by the adoption of a tax rate of 36.522 cents. 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. 13C2(a). Consider ratifying the 2008 property tax rate for the City of Round Rock. The presentation for this item was made earlier in the meeting. MOTION: Councilmember Honeycutt moved ratify the 2008 property tax rate for the City of Round Rock. 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. 13C3. Consider an ordinance amending the City of Round Rock's Water &Wastewater rates. (Second Reading)The presentation for this item was made earlier in the meeting. AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 10:201 AND 10.202, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AMENDING WATER AND WASTEWATER UTILITY RATES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. MOTION: Councilmember Rhode moved to adopt the ordinance. 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. 292 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 11 of 22 13C4. Consider an ordinance adopting the 2008-2009 Hotel/Motel Occupancy Tax Budget. (Second Reading) Cheryl Delaney, Assistant Finance Director made the staff presentation. AN ORDINANCE ADOPTING THE HOTEL OCCUPANCY TAX BUDGET OF THE CITY OF ROUND ROCK, TEXAS FOR FISCAL YEAR 2008-2009. MOTION: Mayor Pro-Tem Clifford 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. 13C5. Consider an ordinance adopting Amendment No. 1 to the FY 2007-2008 Operating Budget. (First Reading) (Requires Two Readings) 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. RESOLUTIONS: *14A1.Consider a resolution authorizing the Mayor to execute an Interlocal Contract with Capital Area Council of Governments (CAPCOG) for reimbursement for Public Service Answering Points operations. This item was approved under the consent agenda. RESOLUTION NO. r j 293 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 12 of 22 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 Capital Area Council of Governments (CAPCOG) for the PSAP Maintenance, Equipment Upgrade, and Training, Now Therefore BE IT RESOLVED BY 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 CAPCOG, 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 September, 2008. *14131. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Uniform Rental from Unifirst Corporation for uniform service for City personnel. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Rock has duly advertised for bids for uniform rental and laundry • services, and WHEREAS, Unifirst Corporation has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to 'accept the bid of Unifirst Corporation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Uniform Rental and Laundry Services with Unifirst Corporation, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. 14C1. Consider a resolution authorizing the Mayor to execute an Economic Development Program Administration and Funding Agreement with the Round Rock Chamber of Commerce. David Kautz,Assistant City Manager made the staff presentation. • RESOLUTION NO. WHEREAS, §380.001 Texas Local Government Code provides that a municipality may establish a program to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, §380.001 also provides that the municipality may administer such program by the use of municipal personnel and may contract with another entity for the administration of a program; and WHEREAS, the City of Round Rock ("City") and the Round Rock Chamber of Commerce 294 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 13 of 22 ("Chamber") have developed a program to promote economic development and to stimulate business and commercial activity in the City;:and WHEREAS, the City and the Chamber further wish to enter into an agreement for the joint administration and funding of said program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an • Administration and Funding Agreement for, the City of Round Rock Economic Development Program with the Chamber, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 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. 14D1. Consider a resolution authorizing the Mayor to execute a real estate contract with Tamburro-King for the purchase of 0.975 acres necessary for the construction of the N. Mays expansion proiect. Steve Sheets, City Attorney made the staff presentation. RESOLUTION N0. WHEREAS, the City desires to purchase a 0.975 acre tract of land for additional right-of- way for the North Mays improvement project, WHEREAS, Tamburro-King Investments, 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 Tamburro-King Investments, for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. • The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. MOTION: Councilmember Honeycutt moved to approve the resolution. Councilmember { j- 295 -- City 95City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 14 of 22 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. 14E1. Consider a resolution authorizing the MaVor to execute a construction contract with N.G. Painting for the 2008— 2010 Tank 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 the 2008-2010 Tank Rehabilitation Project, and WHEREAS, N.G. Painting has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of N.G. Painting, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with N.G. Painting for the 2008-2010 Tank Rehabilitation Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 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. 14E2. Consider authorizing the Mayor to execute a Cooperative Agreement with the Bureau of Reclamation for the Williamson County Water Reclamation and Reuse Project. Michael Thane, Director of Utilities made the staff presentation. RESOLUTION NO. 296 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 15 of 22 WHEREAS, the City of Round Rock wishes to enter into a Cooperative Agreement with The Department of the Interior, Bureau of Reclamation, for the Williamson County Water Reclamation and 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 Cooperative Agreement with The Department of the Interior, Bureau of Reclamation, 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 September, 2008. 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. 14F1. 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 Proiect. This item was removed from agenda at the request of staff. 14F2. Consider a resolution authorizing the Mayor to execute a contract for engineering services with CP&Y, Inc. for FM1460 from 2.2 miles north of US 79 (north of Old Settler's Blvd) to 0.4 miles north of US 79. Tom Martin, Transportation Services Director made the staff presentation. RESOLUTION NO. WHEREAS, the City of Round Rock desires to retain engineering services for the FM 1460 (A.W. Grimes Blvd.) from 2.2 miles north of US 79 (north Old Settlers Boulevard) to 0.4 miles • north of US 79 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 Therefore BE IT RESOLVED BY THE 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 FM 1460 (A.W. Grimes Blvd.) from 2.2 miles north of US 79 (north Old Settlers Boulevard) to 0.4 miles north of US 79 Project, a copy 297 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 16 of 22 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 September, 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. *14F3. Consider a resolution authorizing the Mavor to execute an Interlocal Agreement with Capital Area Metropolitan Planning Organization (CAMPO)for local match • funding for FY09 Surface Transportation Program—Metropolitan Mobility(STP-MM) Program. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Capital Area Metropolitan Planning Organization ("CAMPO") regarding the local match funding for FY 09 STP-MM programs, Now Therefore BE IT RESOLVED BY 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 CAMPO, 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 September, 2008. *14G1. Consider a resolution authorizing the Mayor to execute a Social'Service Agency Annual Funding Agreement with YMCA of Greater Williamson County. This item was approved under the consent agenda. 298 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 17 of 22 RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding;requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock ;has received a request for funds from YMCA of Greater Williamson County, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for • a public purpose, namely to provide quality, affordable childcare in a safe, enriching environment, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein-for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. *14G2. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Williamson—Burnet County Opportunities.This item was approved under the consent agenda. RESOLUTION NO. I WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock Lias received a request for funds from Williamson- Burnet County Opportunities, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide a child development program serving low income and disabled children, and WHEREAS the Cit Council desires to enter in y, a to a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. • RESOLVED this 25th day of September, 2008. *14G3. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Williamson County Children's Advocacv Center. This item was approved under the consent agenda. 299 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 18 of 22 RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Williamson County Children's Advocacy Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide services to child victims of abuse, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. *14G4. ' Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Round Rock Volunteer Center. This item was • approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Volunteer Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide leadership, initiative, and support for volunteer efforts in the Round Rock community, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof 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 September, 2008. *14G5. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Round Rock Area Serving Center. This item was approved under the consent agenda. 300 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 19 of 22 RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding,requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Round Rock Area Serving Center, a non-profit corporation ("Agency"), and, WHEREAS, the City Council hereby determines that the requested funds will be used for • a public purpose, namely to provide financial assistance toward rent and mortgage for those in need, and to provide prescription assistance for those that cannot afford their medications, and WHEREAS, the City Council desires to, enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore ' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. *14G6. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with the Lone Star Circle of Care. This item was approved under the consent agenda. • RESOLUTION N0. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Lone Star Circle of Care, a non-profit corporation ("Agency"),'and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide primary health care and other medical services at four Round Rock health clinics, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein'for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. • RESOLVED this 25th day of September, 2008. *14G7. Consider a resolution authorizing the Mavor to execute a Social Service Agency Annual Funding Agreement with the Literacy Council of Williamson County.This item was approved under the consent agenda. City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 20 of 22 RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS,the City of Round Rock has received a request for funds from Literacy Council • of Williamson County, a non-profit corporation ("Agency"), and - WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide self sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. *14G8. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with LifeSteps.This item was approved under the consent • agenda. RESOLUTION NO. *14G9. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with the Williamson County Crisis Center, dba Hope Alliance. This item was approved under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has ,received a request for funds from Williamson County Crisis Center d/b/a Hope Alliance, a non-profit corporation ("Agency"), and - WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide comprehensive services for the survivors of domestic violence and sexual assault, and • WHEREAS, the City Council„desires to enter into a.Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy.of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and 2 City of Round Rock Work Session and Regular City Council Meeting September 25, 2008 Page 21 of 22 the subject matter hereof 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 September, 2008. *14G10. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Faith in Action— Round Rock. This item was approved • under the consent agenda. RESOLUTION NO. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Faith in Action - Round Rock, 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 volunteer based transportation for older adults, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein,for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and • the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of September, 2008. *14G11. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Bluebonnet Trails Community MHMR Center. This item was approved under the consent agenda. RESOLUTION N0. WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Faith in Action - Round Rock, 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 volunteer based transportation for older adults, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding A reement with the Agency, Now Therefore Agreement BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, • That the Mayor is hereby authorized and directed to execute on behalf of the Cit a Y Y Y Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Z! 1 City of Round Rock Work Session and Regular City Council Meeting September.25, 2008 Page 22 of 22 RESOLVED this 25th day of September, 2008. ADJOURNMENT: There being no further business,the regular session adjourned at 9:05 p.m. • Mayor McGraw then reconvened the work session. EXECUTIVE SESSION: 4A. 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 9:10 p.m. and adjourned at 9:58 p.m. ADJOURNMENT: There being no further business,the work session adjourned at 10:00 p.m. Respectfully Submitted, S�7 Sara L. White, City Secretary • 2 THE REMAINING.PAGE S WERE INTENTIONALLY LEFT BLANK CITY COUNCIL MINUTES CONTINUE IN BOOK 57 _ .w:: ,h ,, 1 . • 2