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HomeMy WebLinkAboutAgenda CC 02.13.1996NOTICE OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, February 13, 1996 The City Council of the City of Georgetown, Texas, will meet on Tuesday, February 13, 1996, at 5:00 p. m. in the City Council Chambers, located at the northeast corner of Seventh and Main Street in Georgetown, Texas. If you need accommodations for any type of disability, please advise in advance. Detailed explanatory information on the items listed below is compiled in an agenda packet which is distributed to the Mayor and each member of the Council. An agenda packet is also available at the Public Library, for the use of interested citizens. Governance Workshop - Call to order at 5:00 p.m. A Presentation by Redesign Team/Don Rundell, Bob Stevenson, and John Thomas B Review of TML Leadership Symposium/George Arroyos, Shelley Davis and Dick Vincent C Review of CSW contract points/Bob Hart D Offer of bus from Capital Metro through intergovernmental agreement E Answer questions on Consent Agenda Items listed specifically below under the Regular Session that will begin no sooner than 7:00 p.m. (for questions only, no action to be taken until Regular Session) Regular Session - to convene Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. F Sec.551.071 consultation with attorney G Sec.551.072 deliberation on real property (Executive Session will be recessed and continued at the end of the meeting) Regular Session Public Hearing - to begin no earlier than 7:00 p.m. H Public Hearing regarding the annexation of approximately 80.3 acres in the Nicholas Porter and David Wright Surveys, located north of Williams Drive (RM2338) and south of Lakeway Boulevard/Clyde von Rosenberg and Ed Barry I Mayor, Council, City Manager, and staff comments and reports City Council Agenda/February 13, 1996 Page 1 of 4 Pages • Boards and Commissions Dinner, 6:30 p.m. on March 7 at First Baptist Church Citizens wishing to address the Council Consent Agenda Consent agenda includes non -controversial and routine items that council may act on with one single vote. A councilmember may pull any item from the consent agenda in order that the Council discuss and act upon it individually as part of the regular agenda. Please note that the following items may be discussed with no action taken during the Workshop at 5:00 p.m. K Consideration of approval of meeting minutes --Regular Meeting of January 23,1996/Sandra Lee L Consideration of the award of a bid for water plant meter replacement to Texas High Sierra in the amount OF $19,000/Terry Jones and Jim Briggs M Consideration of approval of a bid award to Griffin -Austin Company, Inc. of Manchaca, Texas, to construct the Berry Creek Water Main Project in the amount of $228,447/Jim Briggs N Consideration of approval of a request for extension of an administration modification to the site plan for Southwestern University/Hildy Kingma and Ed Barry O Consideration and possible approval of a request for a one (1) year extension of final plat approval for the River Ridge Three Subdivision, Sections C through G/Hildy Kingma and Ed Barry P Consideration of approval of a variance to the Subdivision Regulations for Stonehedge Subdivision, Section One, Block H, Lots 13 and 14; located at 100 Reinhardt Court and 501 Belmont Drive/Hildy Kingma and Ed Barry Q License agreement for sewer line encroachment/Marianne Banks R Consideration of a resolution expressing official intent to reimburse costs for the proposed Customer Controlled Load Management project not to exceed $3,700,000 with proceeds from bonds that will be issued at a later time/Susan Morgan and Bob Hart S Consideration of approval of a Personal Services Agreement between the City of Georgetown and Bill Glenn to provide construction inspection services over a twelve (12) month period, for the Community Owned Utilities Division in an amount not to exceed 2% of total projects bid for Street and Drainage Capital Improvement Project (CIP)/Jim Briggs T Consideration of a resolution calling a General Election in Georgetown, Texas, to be held on May 4, 1996; ordering a runoff election, if necessary, and establishing procedures for said elections/Sandra Lee U Consideration of approval of Amendment #24 to the contract between the City of Georgetown and Camp, Dresser & McKee for professional services related to the Lake Water Treatment Plant Capacity Expansion Improvements in the amount of $139,680/Jim Briggs City Council Agenda/February 13, 1996 Page 2 of 4 Pages Regular ar Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a councilmember, or the City Manager.) V Second Reading of an ordinance to rezone 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS Residential Single Family to RP, Residential Planned District with a Detailed Development Plan, and requested waiver of fees/Hildy Kingma and Ed Barry W Second Reading of an ordinance to extend the effective date of the Georgetown Sign Ordinance, also known as Chapter 12.10 of the Georgetown Municipal Code, from the current expiration date of February 24, 1996, to a revised expiration date of August 24, 1996/Hildy Kingma and Ed Bang X Second Reading of an ordinance amending Ordinance 93-42 to reapportion the assessment of the 21.26 acre tract out of the J. B. Pulsifer Survey No. 36 and Nicholas Porter Survey No. 26 in Williamson County, Texas, proportionately, by square footage of each proposed lot division identified in the preliminary plat of River Oaks - I.H. 35 Business Park/Marianne Banks Y Second Reading of an ordinance amending Ordinance 95-42/Dave Hall/Ed Barry/Marianne Banks Z Second Reading of an ordinance amending the Zoning Ordinance to include model homes and construction offices as specially permitted and restricted uses/Clyde von Rosenberg and Ed Barry AA Second Reading of an ordinance amending the Zoning Ordinance to revise the rules for landscaping, off-street parking and accessory uses and buildings/Clyde von Rosenberg and Ed Barry BB Consideration of appointment of one member to the Planning and Zoning Commission/Hartley Sappington CC Consideration of approval of Councilmembers' travel to the National League of Cities Winter Conference in Washington, D.C./Bob Hart Executive Session, (continued) In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. DD Sec.551.074 personnel matters (Performance evaluations of City Attorney and City Manager) City Council Agenda/February 13, 1996 Page 3 of 4 Pages Regular Session EE Action on Executive Session items FF Final comments and evaluation of meeting process Adjournment CERTIFICATE OF POSTING I, City Secretary of the City of Georgetown, Texas, do hereby certify that this Notice of Meeting as posted on the% -fit- day of el-91- a &' , 1996, at ��S— a.m f i City Council Agenda/February 13, 1996 Page 4 of 4 Pages Council meeting date: 2-13-96 Item No. AGENDA ITEM COVER SHEET SUBJECT Governance Workshop review of CSW contract points "ITEM SUMMARY The staff has met with CSW several times over the past 2 1/2 weeks, and we are in the process of preparing a draft proposed contract. During the workshop, we will "walk through" a general discussion of the proposed contract features. ATTACHMENTS None Submitte y: Bob .Hart, City Manager Council meeting date: 2-13-96 AGENDA ITEM COVER SHEET Item No. SUBJECT Governance Discussion on offer of bus from Capital Metro through an intergovernmental agreement. ITEM SUMMARY We have received the attached letter indicating Capital Metro's willingness to provide a "Dillo" bus to the City through an intergovernmental agreement. This letter indicates that some action is needed on our part to proceed, and in doing so, I need guidance on how it needs to be addressed. The first issue, from a staff concern, is that the bus, the budgeting, and the priority of time was not included as a priority in the Budget. I am assuming that because of the receipt of the letter and the efforts to obtain the bus, it is now within the priority levels for the staff to proceed. In doing so, we need to identify the cost of operation, maintenance, and insurance for the bus. This can vary greatly depending on the use, i.e., will it be used for parks and recreation or convention and visitor bureau activities? Could it be used by WBCO for their program? Should we be looking at some other kind of transportation policy? The drivers of buses are required to have a chauffeur's license. Who will be designated to drive it --staff members --volunteers? Again, this impacts the insurance. If it is to be a city employee, is that person to be hired on a part-time basis? Are we going to cut back in another area to obtain the driver? It would appear to me before these kinds of questions could be answered, you will first need to define the mission of the bus and your expectations in that area, so we can begin to proceed with answering some of the more fundamental questions about its operating costs, uses, etc. ATTACHMENTS 1. Copy of letter from Capital Metro Nubm Bob Hart, City Manager Capital Metro� 1 � January 17, 1996 RECEIVED F E B 0 21 1996 The Honorable Leo Wood, Mayor City of Georgetown Post Office Box 409 Georgetown, Texas 78627 Dear Mayor Wood: Thank you for taking the time to meet with me and my staff regarding the development of transportation services in Georgetown. The cooperation of the City of Georgetown staff is greatly appreciated. This letter is in follow-up to that meeting and the options that were subsequently discussed. Capital Metro is prepared to make available to the City of Georgetown a rubber -tire replica trolley vehicle currently used in Capital Metro's `Dillo services. We would propose transferring ownership of this vehicle through the development of an interlocal government agreement to be approved by the Capital Metro Board and Directors and the Georgetown City Council. Since the vehicle is 10 years old and is fully amortized, the transfer of the vehicle can be accomplished for a nominal fee of $100.00. Capital Metro staffinembers, Elaine Timbes and Steve Ortmann will provide you with additional information regarding the specific details of the transfer at a later date. If necessary, Capital Metro staff will be available to meet with Georgetown's City Council to address any concerns. Once again, Capital Metro is pleased to be working with the City of Georgetown in addressing your transportation needs. If you have any questions, please feel free to give a call at (512) 389-7552. Sincerely, X�4 stin Augustine, r1l Assistant General Manager of Development JA: SO/oc cc: Board of Directors Michael Bolton Steve Ortmann Capital Metropolitan Transportation Authority 9 2910 East Fifth Street * Austin, Texas 78702 • (512) 389-7400 • FAX (512) 389-1283 Council meeting February- 13. 1996 Item No. --jH- AGENDA ITEM COVER SHEET SUBJECT: Public hearing regarding the annexation of approximately 80.3 acres in the Nicholas Porter and David Wright Surveys, located north of Williams Drive (RM2338) and south of Lakeway Boulevard. ITEM SUMMARY: This is the first of two (2) public hearings required by State law before initiation of annexation can begin. The purpose of the public hearings is to describe and receive comments on the City's plans for providing services to the annexation areas. The service plans for the areas to be annexed are attached (see Exhibit A). State law requires that the proposed service plan be explained at the public hearing. While it may be amended as a result of the public hearings, the provision of any service may not be deleted. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: Full City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of water and wastewater facilities, maintenance of road, streets and drainage, street lighting, maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation. Necessary extension of capital improvements, such as water and wastewater systems, must be initiated within two years of annexation and be substantially completed within 4 1 /2 years, in accordance with the adopted service plan, except when the annexed area is within the service area of another water or wastewater utility. COMMENTS: A resolution indicating intent to annex the 80.3 acres was approved by the City Council at the January 9, 1996 meeting. Letters informing the property owners of the City's intent to annex, including a copy of the January 9, 1996 resolution, were sent on January 26, 1996. ATTACHMENTS: Map and service plan Submitted B *ClyeE"Barry, - Director on Rosenber AICP Dnt Services Chief Planner, Long Range Planning EXHIBIT A Page 2 of 3 CITY OF GEORGETOWN, TEXAS ANNEXATION SERVICE PLAN APPROXIMATELY 80.3 ACRES IN THE NICHOLAS PORTER SURVEY, LOCATED NORTH OF WILLIAMS DRIVE (RM2338) AND SOUTH OF LAKEWAY BOULEVARD Introduction This service plan has been prepared in accordance with Texas Local Government Code, Chapter 43 - Municipal Annexation. This requires that the service plan provide for the extension of full municipal services to the area to be annexed by any of the methods by which it extends services to any other area of the municipality. Police Protection Regular and routine patrolling of streets, responses to calls, and other police services will be provided upon the effective date of the annexation. Fire Protection and Code Enforcement Fire protection and prevention services are currently being provided to the area through an agreement with Williamson County. These services will continue to be provided to the area upon the effective date of the annexation. Upon the effective date of the annexation, the City Code Enforcement Officer will periodically patrol streets in the area to ensure that all properties are in conformance with City Code. Solid Waste Collection Solid waste collection and disposal services will be provided upon the effective date of the annexation, in accordance with the rates, terms and conditions contained in the City Code. Water Service Water lines will be extended in accordance with City policy. The City has a Utility Expansion and Improvement Policy, which is described in this service plan. Sewer Service Wastewater lines will be extended in accordance with City policy. The City has a Utility Expansion and Improvement Policy, which is described in this service plan. Maintenance of Roads, Streets, and Drainage Roads, streets and drainage facilities dedicated to the public will be maintained according to City Code and policy upon the effective date of the annexation. Street Li hting Street lighting will be made available upon the effective date of the annexation, upon request of the property owners, in accordance with City Code and policy. Annexation Service Plan, Page 1 of 2 EXHIBIT A Page 3 of 3 Parks and Recreation Parks and recreation facilities dedicated to the public will be maintained according to City Code and policy upon the effective date of the annexation. Recreation services will be provided to all residents in accordance with the rates, terms and conditions contained in the City Code. Planning and Zoning Upon the effective date of the annexation, the planning and zoning jurisdiction of the City will extend to this area. The area will be zoned A (Agricultural), unless otherwise approved through regular procedures. Inspection Services All inspection services, including building, electrical, plumbing, etc., provided by the City will be extended to the area upon the effective date of the annexation. Library Services Library services will be provided to all residents in accordance with the rates, terms, and conditions contained in the City Code upon the effective date of the annexation. Other Services Other services provided by the City, such as animal control, court, and general administration, will be made available upon the effective date of the annexation, in accordance with the City Code and policies. Utility Expansion and Improvement Policy City Ordinance Number 900404, a Utility Expansion and Improvement Policy, guides the planning, design, construction, operation, and maintenance of all utility system improvements, including water, wastewater and electrical service. Annexation Service Plan, Page 2 of 2 Council meeting dat6: 2-13-96 Item No. AGENDA ITEM COVER SHEET SUBJECT Meeting Minutes of Regular City Council Meeting on Tuesday, January 23, 1996. ATTACHMENTS 1. Minutes of Regular City Council Meeting of Tuesday, January 23, 1996 Submit ed By. �--% Sandra D. Lee, City Secretary MINUTES OF THE MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, January 23, 1996 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present: Dick Vincent George Arroyos Lee Bain Doris Curl Susan Hoyt Ferd Tonn Shelley Davis Staff Present: Bob Hart, City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Ed Barry, Dir. of Development Services Susan Morgan, Dir. of Finance & Admin. Teresa Hersh, Dir. of Employee & Organ. Svcs. Jim Briggs, Dir. of Community Owned Utilities Larry Hesser, Police Chief Hartley Sappington, Dir. of Community Svcs. Council Absent: None Terry Jones, Purchasing Agent Hildy Kingma, Chief Planner Clyde von Rosenberg, Chief Planner Dave Hall, Building Inspector Workshop - Called to order at 535 p.m. A Discussion on proposed Customer Controlled Load Management System (CCLM) and agreement with Central and South West Hart explained to Council that this workshop would be a continuation of the last workshop regarding customer controlled load management services through Central and South West Company. Hart introduced LCRA load management expert, Ken Rydan, who explained to Council that the utility industry will soon be deregulated, and competition for customers will be very strong. He said that those utility companies with the most to offer the customer will get the customer's business. Bill Morrow of Central and South West gave an overview to Council of the proposed system and addressed questions from the Council. Hart explained the basics to be included in the agreement. He told Council that the plan is to have electric and water on the system by the summer of 1997. Reizular Session - Called to order at T05 p.m. B Approval of an ordinance canvassing the votes for the January 20, 1996, Special Election and declaring the election results to be official --Emergency Reading/Sandra Lee Council Meeting Minutes January 23, 1996 Page 1 of 9 Pages The envelopes containing the returns and tally lists of Early Voting and Precinct "A" voting on Election Day were presented to the Mayor and Council, acting as the Canvassing Authority. After a comparison of the tallies, it was officially declared that Shelley Pierre Davis defeated Luther Laubach for the District 2 Councilmember position. Lee read the ordinance. Motion by Arroyos, second by Curl to adopt the ordinance on Emergency Reading, declaring the election results official. Approved 6-0. C Swearing in of newly -elected Councilmember/Sandra Lee Shelley Pierre Davis was sworn in by Lee. D Comments by incoming Councilmember Davis thanked everyone for assisting in his election, told the Council that he looked forward to working with them, and took his position on the dias. Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. E Sec.551.071 consultation with attorney F Sec.551.072 deliberation on real property G Sec.551.074 personnel matters Regular Session H Action on Executive Session items Executive Session was postponed to the end of the Council Meeting. Mayor, Council, City Manager, and staff comments and reports Hart noted to Council that the Blue Hole Project had again gained printed notoriety in a publication known as Catalyst, Volume 15, No. 10, for December, 1995--January, 1996. All of the seated Council welcomed newly -sworn Councilmember Shelley Davis. Citizens wishing to address the Council Ed Steiner of 409 W. 3rd Street in Georgetown again requested that Chautauqua Park be renamed for Edna Powell. He spoke of two petitions that had been submitted regarding the name change. Council Meeting Minutes January 23,1996 Page 2 of 9 Pages John Gavurnik, an area homebuilder, encouraged Council to pass the Model Home Ordinance, and expressed his appreciation to the City staff and the neighborhood representatives for their willingness to cooperate and compromise. Martin Stilz of 3317 Northwest Boulevard in Georgetown complained that the original plat on Item AA had contained a road, and asked that the road be included in order to help alleviate traffic around the new middle school. Vincent pulled Item AA for consideration on the Regular Agenda. Consent Agenda Consent agenda includes non -controversial and routine items that council may act on with one single vote. A councilmember may pull any item from the consent agenda in order that the Council discuss and act upon it individually as part of the regular agenda. K Consideration of approval of meeting minutes --Regular Meeting of January 9,1996/Sandra Lee L Deferred until after Executive Session. M Deferred until after Executive Session. N Deferred until after Executive Session. O Deferred until after Executive Session. P Consideration of an award of grant administration services to the Institute for Finance and Economic Development and authorization to staff to negotiate a contract for services for administration of the Capital Fund Grant on behalf of Advanced Cable Services, L.P./Bob Hart Q Consideration of an award of bid for the City Offices remodeling project to Austin Refrigeration in the amount of $52,256.00 for electrical installation, and to Airco Mechanical in the amount of $26,180.00 for HVAC installation/Terry Jones and Susan Morgan R Consideration of an award of bid for stationery and business cards to Copy Right in the estimated amount of $18,340.00/Terry Jones and Susan Morgan S Consideration of an award of a two-year bid to Unifirst in the estimated annual amount of $23,816.00 for employee uniforms/Terry Jones and Susan Morgan T Consideration of abandonment of the City's interest in right of way designated in a development agreement for River Oaks Drive within River Oaks Park Subdivision/Marianne Banks U Consideration of parkland dedication located within River Oaks - I.H. 35 Business Park/Marianne Banks Council Meeting Minutes January 23, 1996 Page 3 of 9 Pages V Consideration of a resolution to authorize an abandonment of a portion of a drainage easement located along the east property line of La Quinta Drive, at Lot 31, Block A, Berry Creek Subdivision, Section Nine, Phase Three, located at 30407 La Quinta Drive/Hildy Kingma and Ed Barry W Consideration of a Final Plat of a 2.922 acre tract in the Daniel Monroe Survey, to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -A; and variances to the Subdivision Regulations/Hildy Kingma and Ed Barry X Consideration of a resolution to authorize a license to encroach into the public utility easement and drainage easement located along the west property line of Sun City Georgetown, Phase 1, Neighborhood One, Block 5, Lots 21 and 22/Hildy Kingma and Ed Barry Y Consideration of a preliminary plat of a 5.96 acre tract in the Lewis Dyches Survey to be known as Pleasant Valley Estates, Phase One; and variances to the Subdivision Regulations/Hildy Kingma and Ed Barry Z Consideration of waiving detailed development plan requirement for GISD projects at the Junior High School and the High School/Hildy Kingma and Ed Barry AA Pulled. See Regular Agenda. Motion by Tonn, second by Bain to approve the Consent Agenda with the exception of Items L, M, N, O, and AA. Approved 7-0. Regular Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a councilmember, or the City Manager.) AA Consideration of a Revised Preliminary Plat of Reata Trails Subdivision, Unit 4, a 39.28 acre tract in the David Wright Survey, located at Wagon Wheel Trail, Stagecoach Drive, and Northwest Boulevard, and requested variances to the Subdivision Regulations/Hildy Kingma and Ed Barry (Pulled by Vincent) Vincent asked staff for an explanation as to why the road had been eliminated. Kingma explained that the road extension was removed in order to direct the majority of the traffic to larger arterial roadways such as Northwest Boulevard. Hart noted that City staff had met with GISD staff regarding the ingress/egress of the school traffic. He told Council that sidewalks will be constructed and that safety considerations had been considered. Motion by Vincent, second by Arroyos to approve the revised preliminary plat. Approved 7-0. Council Meeting Minutes January 23, 1996 Page 4 of 9 Pages BB First Reading of an ordinance to rezone 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS Residential Single Family to RP, Residential Planned District with a Detailed Development Plan, and requested waiver of fees/Hildy Kingma and Ed Barry Kingma read the caption only after satisfying the requirements of the City Charter. Motion by Tonn, second by Bain to approve the rezoning on first reading. Approved 5-0. (Curl and Hoyt abstained.) CC Consideration of a Short Form Final Plat of 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, and requested waiver of fees/Hildy Kingma and Ed Barry Kingma explained that this was a housekeeping item to legalize an illegal lot. Motion by Tonn, second by Davis to approve the short form final plat and the requested waiver of fees. Approved 5-0. (Curl and Hoyt abstained.) DD First Reading of an ordinance to extend the effective date of the Georgetown Sign Ordinance, also known as Chapter 12.10 of the Georgetown Municipal Code, from the current expiration date of February 24, 1996, to a revised expiration date of August 24, 1996/Hildy Kingma and Ed Barry Kingma explained that the staff and the Sign Review Board are not ready at this point to complete their revisions of this ordinance. Mayor inquired and was told that the revisions would be complete in July. Kingma read the ordinance. Motion by Bain, second by Hoyt to approve extending the effective date on first reading. Approved 7-0. EE First Reading of an ordinance amending Ordinance 93-42 to reapportion the assessment of the 21.26 acre tract out of the J. B. Pulsifer Survey No. 36 and Nicholas Porter Survey No. 26 in Williamson County, Texas, proportionately, by square footage of each proposed lot division identified in the preliminary plat of River Oaks - I.H. 35 Business Park/Marianne Banks Banks explained that this amendment would approve the reapportionment, and read the ordinance. Motion by Vincent, second by Davis to approve the reapportionment on first reading. Approved 7-0. FF Consideration of authorizing the Mayor to execute a contract with Jonah Special Utility District which will provide for changes in the boundaries of the Certificate of Convenience and Necessity (CCN) and wastewater service in the Jonah water service area/Bob Hart and Marianne Banks Hart reminded Council of the desire to control orderly growth to the east of Georgetown because of the lack of provision of adequate fireflow and other services. He stated that an agreement has now been developed that would allow the Jonah Special Utility District to provide water to portions of the City's CCN, in exchange for our providing wastewater service to an area where Jonah provides water. Arroyos asked if this agreement would allow for more affordable housing in the Council Meeting Minutes January 23,1996 Page 5 of 9 Pages area. Hart explained that the provision of sewer service would allow for smaller lots to be utilized than with septic service. Motion by Tonn, second by Curl to approve the agreement. Approved 7-0. GG First Reading of an ordinance amending Ordinance 95-42/Dave Hall/Ed Barry/Marianne Banks Hall read the caption only after satisfying the requirements of the City Charter. Motion by Bain, second by Hoyt to approve this ordinance on first reading. Approved 7-0. HH First reading of an ordinance amending the Zoning Ordinance to include model homes and construction offices as specially permitted and restricted uses/Clyde von Rosenberg and Ed Barry The ordinance has been revised, according to von Rosenberg, to compromise between the neighborhood and the developers/builders. Hoyt thanked staff and John Gavurnik, a builder in the audience, for working together to. help reach the compromise with the neighborhood. von Rosenberg read the caption only after satisfying the requirements of the City Charter. Motion by Hoyt, second by Arroyos to approve this ordinance on first reading. Approved 7-0. II First reading of an ordinance amending the Zoning Ordinance to revise the rules for landscaping, off-street parking and accessory uses and buildings/Clyde von Rosenberg and Ed Barry von Rosenberg explained that this amendment was the first phase of an incremental change to provide consistency between the Subdivision Regulations and the Zoning Ordinance. von Rosenberg read the caption only after satisfying the requirements of the City Charter. Motion by Bain, second by Hoyt, to approve this ordinance on first reading. Approved 7-0. 8.22 p.m. recessed for Executive Session JJ Consideration of a resolution to create the Airport Plan Working Group and to direct the Working Group to proceed with the development of the Airport Functional Plan Element of the Century Plan/Clyde von Rosenberg and Ed Barry von Rosenberg explained that this Group would be formed through an agreement with the Aviation Division of the Texas Department of Transportation. von Rosenberg read the caption of the resolution. Wood recommended Albert Fittipaldi, George Taylor, Ronald Parker, Donald Cole, Randy Smedley, and at large members, Beth Jenkins, James Accuntius, Deborah Boone and Jim Spikes. Motion by Tonn, second by Hoyt to approve the resolution and the appointments. Approved 6-0. (Curl abstained.) KK Consideration of the appointment of three members to the Airport Advisory Board/Leo Wood Wood recommended Albert Fittipaldi, Donald Cole and Randy Smedley. Motion by Vincent, second by Arroyos to approve the Mayor's recommendations. Approved 6-0. (Curl abstained) Council Meeting Minutes January 23, 1996 Page 6 of 9 Pages LL Consideration of the appointment of three members to the Board of Adjustment/Leo Wood Wood recommended Gerald Carlson, Larry Brown and Linda Vaclivik. Motion by Hoyt, second by Arroyos to approve the Mayor's recommendations. Approved 7-0. MM Consideration of the appointment of two members to the Building Standards Commission/Leo Wood Wood recommended John Gavurnik and John Offen. Motion by Arroyos, second by Curl to approve the Mayor's recommendations. Approved 7-0. NN Consideration of the appointment of four members to the Convention and Visitors Board/Leo Wood Wood recommended Gordon Baker, Pam Heller and Faye Winberg, and to hold the fourth position open until after the Council can hold a work session Motion by Arroyos, second by Bain to approve the Mayor's recommendations. Approved 7-0. 00 Consideration of the appointment of two members to the Board of Electrical Examiners/Leo Wood Wood recommended Larry Millican and Paul Griffin. Motion by Vincent, second by Davis to approve the Mayor's recommendations. Approved 7-0. PP Consideration of the appointment of three members to the Historic Preservation Commission/Leo Wood Wood recommended Bill Harris, Jan Hamman-Patterson, and Cal Wilkerson. Motion by Bain, second by Tonn to approve the Mayor's recommendations. Approved 7-0. QQ Consideration of the appointment of two members to the Hospital Authority Board/Leo Wood Wood recommended Herb Nelson and Marjorie Herbert. Motion by Curl, second by Arroyos to approve the Mayor's recommendations. Approved 7-0. RR Consideration of the appointment of two members to the Housing Authority Board/Leo Wood Wood recommended Velta Simmons and Ruby Collins. Motion by Davis, second by Arroyos to approve the Mayor's recommendations. Approved 7-0. SS Consideration of the appointment of four members to the Library Advisory Board/Leo Wood Wood recommended Nelda Burson, Amy Anderson, Sharon Sanders, and Sarah Riddell. Motion by Curl, second by Hoyt to approve the Mayor's recommendations. Approved 7-0. Council Meeting Minutes January 23, 1996 Page 7 of 9 Pages TT Consideration of the appointment of four members to the Parks and Recreation Board/Leo Wood Wood recommended Ronda Seagraves, Sarah O'Brien, Cheryl Mize, and Joan Sukup. Motion by Arroyos, second by Davis to approve the Mayor's recommendations. Approved 7-0. UU Consideration of the appointment of four members to the Planning and Zoning Commission/Leo Wood Wood recommended Cal Wilkerson, Claude Proctor, Steve Johnson, and Mike McMaster. Motion by Davis, second by Hoyt to approve the Mayor's recommendations. Approved 7-0. VV Consideration of a resolution to create the Century Plan Facilities and Services Plan Working Group and to direct the Working Group to proceed with the development of the Facilities and Services Functional Plan Element of the Century Plan/Clyde von Rosenberg and Ed Barry von Rosenberg said this Group would work with graduate students from the University of Texas to complete the Plan by May 1 in order for it to be considered in the Budget. Curl wants to ensure that someone addresses handicapped and senior citizen issues. von Rosenberg read the caption of the resolution. Wood recommended Kathryn Stallard, Leon Douglas, Cal Wilkerson, Gwen Morrison, Gordon Baker, Albert Fittipaldi, David Wolf, Rebecca Pfiester, Jim Gross, Herb Nelson, Faye Pierre, Karen Wilson, Mary Faye Sterk, David Hayes, a member of the Georgetown School Board, Eric Van Danen, Dan Bryant, Ross Duncan, Bob Brent, Steve Doering, Norm Bray, and Jim Isabell. Councilmembers Arroyos and Bain are to Co -Chair the Working Group. Motion by Curl, second by Vincent to approve the Mayor's recommendations Approved 7-0. L Consideration of approval of the purchase of property from Sierra Microwave Technology, Inc. for construction of improvements to be leased to Reedholm Instruments Company/Marianne Banks Hart asked Council for authorization for staff to purchase the property. Motion by Curl, second by Tonn to give staff the authorization. Approved 7-0. M Consideration of a community and business agreement and lease with Reedholm Instruments Company for construction and development of a manufacturing facility/Marianne Banks Motion by Curl, second by Davis to authorize staff to approve within State guidelines. Approved 7-0 N Consideration of the purchase of property from Sierra Microwave Technology, Inc. for construction of improvements to be leased to Advanced Cable Services, L.P./Marianne Banks Council Meeting Minutes January 23, 1996 Page 8 of 9 Pages Hart told Council there would be no City funds expended. Motion by Tonn, second by Vincent to approve the purchase. Approved 7-0. O Consideration of a community and business agreement and lease with Advanced Cable Services, L.P. to provide real estate improvements in the form of a building to allow Advanced Cable Service, L.P. to expand its telecommunications/CATV industry operations in the City of Georgetown/Marianne Banks Motion by Bain, second by Davis to authorize staff to approve within State guidelines. Approved 7-0. WW Final comments and evaluation of meeting process There were no final comments. The meeting was adjourned at 9.32 p.m. Approved: Leo Wood, Mayor Approved as to form: Marianne Landers Banks, City Attorney Council Meeting Minutes January 23, 1996 Page 9 of 9 Pages Attest: Sandra D. Lee, City Secretary Council Meeting Date: February 13, 1996 Item No. L AGENDA ITEM COVER SHEET SUBJECT Consider the award of a bid for water plant meter replacement to Texas High Sierra in the amount of $19,000.00. ITEM SUMMARY Bids were received to replace the water meters at the Lake Water Plant and the Park Water Plant. The staff recommendation is to award this bid to the low bidder, as designated on the attached bid tabulation. This meter replacement is scheduled to ensure continued accurate readings for water that is processed through the plants. The accuracy of these readings impacts the amount of compensation paid to OMI. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Estimated total for this bid is $19,000.00. $50,000.00 was budgeted for this expenditure in account 661-101-6301-00 Water Capital Projects of which this amount is included. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. Bid Tabulation Submitted By: ies, Purchasing Director Director of Community Owned Utilities DESCRIPTION Removal of two Venturi meters and installation of two flowmeters Estimated date of removal/installation Estimated time for removal/installation WATER PLANT METER REPLACEMENT BID NO. 96017 TEXAS HIGH SIERRA $19, 000.00 04/15/96 6 hours each * Low Bid ** Does not meet specifications - did not bid labor FLUID METER $20,166.00 03/29/96 6 hours each ECO $21,187.00 No Response No Response PANAMETRICS $9,380.00 ** No Response No Response CB MKTG. $12,778.00 ** No Response No Response Council Meeting Date: February 13, 1996 AGENDA ITEM COVER SHEET Item No. SUBJECT: Council approval of bid award, to Griffin -Austin Company., Inc. of Manchaca, Texas, to construct the Berry Creek Water Main project, in the amount of $228,447.00. ITEM SUMMARY: On February 6, 1996, bids were received and opened for construction of the Berry Creek Water Main project. Eleven (11) bids were received and forwarded to the engineer, Camp, Dresser & McKee, for verification that the low bid was satisfactory and did conform to the specifications of the project. Camp, Dresser & McKee confirmed that the low bid, received, from Griffin -Austin Company., Inc., of Manchaca, Texas was the low bid, and does conform to the specifications of the project. Therefore, staff recommends that Griffin -Austin be awarded the contract to construct the Berry Creek Water Main project. SPECIAL CONSIDERATIONS• NONE FINANCIAL IMPACT: Funds in the amount of $228,447.00 are to be paid from Account Number 661-101-6000-00. COMMENTS: NONE ATTACHMENTS 1 ,Le �t Submi t d By: including bid tab, from Camp, Dresser & McKee Jim Briggs, Director Community Owned Utilities FEB 07 '96 11:21AM CDM AUSTIN CDM' Camp Dresser &McKee Inc. environmental westech 360 sorwees 8911 Capital of Texas Highway, Suite 4240 Austin, Texas 78759-7267 T91: 512 345.6651 Fox: 512 345-1483 Pebruary 7, 1996 Mr. Jim Briggs Director Community Owned Utilities City, of Georgetown 1101 N. College Georgetown, TX 78626 RE: City of Georgetown Berry Creep Water Main Recon,unendation of Award Dear Mr, Briggs: On February 6,1996, bids were received and opened for the Berry Creek Water Main project. Eleven bids were received as shown in the summary tabulation below. A detailed tabulation of . the unit price items is attached to this letter. COMPANY NAME BASE BID AMOUNT Griffin -Austin Co., Inc. $228,447.00 Garvey Companies, Inc, $231 t697.00 Michael S. Heyl Construction Inc. $242,454.00 Borah, Inc. $248,710.00 J.C. Evans Construction $257,179.00 C.C. Carlton Construction of Austin, Inc. $263,053.00 Reddico Construction Company, Inc. $283,879.00 Bay Maintenance Cornpany, Inc. $293,474.00 BRH-Garver, Inc. $308,057,25 Champion Site Prep $308,324.28 Capital Excavation Company $314,985.00 The final Engineer's Opinion of ,probable Construction Cost for this project was $310,000. a The low bidder was Griffin�Auatin Company, Inc. of Manchaca, Texas. We have checked several of their references and believe they are qualified to perform the work entailed in this project within the allotted time. Therefore, we recommend that the City of Georgetown award the Berry Creek Water Main contract to Griffin -Austin Company, Inc. in the amount of $228,447.00. A22MLTR ADw FEB 07 196 11:22AM CDM AUSTIN P.3 CPMCamp Dresser & McKee Inc. Mr. Jim Briggs February 7, 1996 Page 2 If you need additional information regarding this recommendation of award or have any questions regarding the bids please call. Sincerely, CAMP DRESSER & MCKEE, WC, .Allen D, Woelke, P.E. Principal Engineer Attachment A2353LTR.ADW Council meeting February 13, 1996 Item No. AGENDA ITEM COVER SHEET M SUBJECT: Request for extension of approval of an administrative modification to the site plan for Southwestern University. ITEM SUMMARY: In July 1994, the City Council approved the use of mobile homes at Southwestern University in an effort to resolve the temporary housing shortage at the University. The approval allowed Southwestern to place four (4) conventional mobile home units at the intersection of Maple Street and Southwestern Boulevard for a period of one (1) year. That approval was extended by one (1) year in June 1995. At this time, Southwestern requests that the mobile homes remain for an additional year as indicated in the attached letter. Record enrollment, the proposed demolition of Laura Kuykendall Hall, and the inability of students to secure off -campus apartments are all factors in the University's need to provide additional housing space on campus. The increase in enrollment . is expected to continue into the 1996-97 school year and the new Brown -Cody Residence Hall will be constructed by June 1997. The University requests that the mobile homes remain in use until May 1997. Under the Zoning Ordinance provision found in Section 2.08093-(3)d3, staff with the written approval of the City Manager can grant minor alterations to the approved site plan in an RP district. Given the nature of the situation confronting Southwestern and the temporary use of the structures, staff viewed this proposal as a minor change when first proposed in 1994. However, given the nature of the types and location of the units proposed, staff presented the request to the City Council so that it may have an opportunity to comment on this request. Therefore, both subsequent extensions of the approval granted by the Council have also been presented to the Council for approval. SPECIAL CONSIDERATIONS: Under existing City codes, mobile homes are not allowed in the City unless they are located within an approved mobile home park. While the current use of mobile homes on the Southwestern site does not satisfy this requirement, necessary safe guards, including a sprinkler system, are in place to ensure that this is not a long term or ongoing issue for the City. FINANCIAL IMPACT: None. COMMENTS: The extension of approval for the use of four (4) mobile homes as temporary student housing at the intersection of Maple Street and Southwestern Boulevard until May 31, 1997. ATTACHMENTS: Southwestern's request for extension. Submitted By Edward arry, AICP Director DivisionJ. Developm t Services �df �(L. Ma Hildy L. Ki ma, AICP Chief Planner Southwestern Universitv January 15, 1996 RECEIVED J A N 1 6 1996 Mr. Edward J. Barry, AICP - Director Development Services Division City of Georgetown P. O. Box 409 Georgetown, Texas 78627-0409 Mr. Bob Hart, City Manager City of Georgetown P. O. Box 409 Georgetown, Texas 78627-0409 Dear Ed and Bob: This letter requests authorization from the City of Georgetown to continue use of four (4) mobile homes as temporary residence facilities for academic year 1996-97. As you may recall, the University has permission to use these temporary facilities through May 1996. Three factors require that we request permission for continued use of the mobile homes through May 1997. First, we have been blessed with record enrollment during academic year 1995-96, and our projections for i996-97 indicate continued record enrollments and corresponding demands for on -campus housing. Second, we will begin replacement of the existing Laura Kuykendall Hall later this month. The demolition and construction schedule calls for completion of the new Brown - Cody Residence Hall in July 1997 and occupancy in September 1997, in time for the Fall `97 semester. During the construction period, however, we will lose approximately 170 residence hall beds. These two factors severely limit our capacity to respond to current student housing demands. Third, we understand that rental housing in Georgetown is still at record occupancy levels, and that our students are unable to secure housing in the community. It is, therefore, imperative that we continue to use the mobile homes as temporary residence facilities through May 1997. University at Maple * Mailing Address: P.O. Box 770 {r Georgetown, Texas 78627-0770 512-863-6511 * FAX 512-863-5788 tx Telex 62809750 Mr. Edward J. Barry/Mr. Bob Hart January 15, 1996 Page Two We realize, in making this request, that our original July 1994 request was for a one year term. We further realize that in May 1995 we requested and received permission to extend mobile home usage through June 1996. We should also note that we do not want to continue mobile home use any longer than absolutely necessary. We feel, however, that we have no housing option other than to request continued mobile home use for one more academic year. In making our request, we pledge continued diligence to safety and maintenance of these facilities. We have installed a sprinkler system in each mobile home and have cared for the homes to high custodial and maintenance standards. Moreover, we have not experienced problems with using the mobile homes as temporary residence halls. We, therefore, respectfully request that the appropriate city staff review our proposed extension of usage. We will provide supporting information as needed and will work with staff as necessary in order to facilitate review by the Planning & Zoning Commission and the City Council at the earliest possible date. We are filing this request early in order to assure that the City has time to review and answer promptly. We will need to advise current and prospective students of any problems at the earliest possible time. Please contact us at your earliest convenience so that we may facilitiate this review process. Sincerely yours, Daniel C . Bryant Vice President for Fiscal Affairs cc: Roy B. Shilling, Jr. Sherri Babcock Mike Leese Joe LePage c:cnstrc:ctytrlrs Council meeting February 13, 1996 Item No. AGENDA ITEM COVER SHEET :46 SUBJECT: Consideration and possible approval of a request for a one (1) year extension of final plat approval for the River Ridge Three Subdivision, Sections C through G ITEM SUMMARY: The subject plats were approved by the City Council in February 1994 and a one (1) 'year extension was granted in February 1995. At this time, these plats will expire on February 14, 1996. The subdivider is not yet prepared to record these plats. The construction plans for Sections C and D are close to approval and the developer intends to begin construction of the public improvements within the next few weeks. Therefore, the developer is requesting another extension to the plat approval. At the time the subject plats were approved by the City Council, Section 26050 of the Subdivision Regulations required that a final plat be recorded in the County Clerk's office within six (6) months of Planning and Zoning Commission approval or the approval of the final plat would be void. It also allowed the City Council to grant an extension to the final plat not to exceed one (1) year if the subdivider shows just cause for such extension. This section has since been revised to require that construction of the public improvements or the filing of a financial surety instrument be initiated within six (6) months of the final plat approval, and that the final plat be recorded within one (1) year. This section also allows the City Council to grant an extension to the final plat not to exceed one (1) year if the subdivider shows just cause for such extension. The Subdivision Regulations do not allow for a second extension of the final plat approval. However, the current ordinance permits a total of two (2) years from the time the final plat is approved until it must be recorded, provided an extension has been requested and granted. Although at the time the subject plats were approved, a total of 18 months was allowed from the time the final plat was approved until it had to be recorded, this plat has already been able to maintain its validity for a total of two (2) years from the time of its approval. Therefore, based on the provisions of the Subdivision Regulations, it should be resubmitted for review and approval by the Planning and Zoning Commission and City Council with full repayment of fees. SPECIAL CONSIDERATION : Given the provisions of State Statutes that establish vesting rights for development approvals granted by municipalities, any extensions beyond those already permitted by the Ordinance should be carefully considered. The terms of approval established by the Subdivision Regulations are intended to ensure that developments are created in a manner that is consistent with the current standards of the community. A plat that was approved several years ago and has not yet been recorded, might not conform to updated standards due to regular revisions to the ordinances. In the subject request, it may be appropriate to grant a short extension, no more than six (6) months, for Sections C and D because the developer is prepared to begin construction of those public improvements at this time. However, it would not be appropriate to grant further extensions to Sections E through G. This decision would be consistent with the City Council's decision in November to approve a six (6) month extension for several Berry Creek sections to give them a total of two (2) years of plat approval prior to recordation of the plat. That approval was granted with the express understanding that no further extensions could be permitted. FINANCIAL IMPACT: None. COMMENTS: None. ATTACHMENTS: None. Edward J{Barry, AICP - Orector Division of Development rvices Hildy L. gma, AICP Chief Planner Council meeting February 13, 1996 Item No. AGENDA ITEM COVER SHEET r SUBJECT: Consider approval of a Variance to the Subdivision Regulations for Stonehedge Subdivision, Section One, Block H, Lots 13 and 14; located at 100 Reinhardt Court and 501 Belmont Drive ITEM SUMMARY: The applicant requests consideration of a variance to permit 15 foot secondary front yard setbacks on the Reinhardt Boulevard frontage of both subject lots. Currently, these corner lots have 25 foot platted setbacks on both frontages. In 1994 a variance was approved for these lots, as well as 50 other lots in Sections One and Two, to permit six (6) foot tall fences to be built to the property line on the secondary frontage of these lots. When the homes on these lots were permitted in October and November 1995, both the builder and the Building Inspector misunderstood the intent of that previous variance and interpreted it to be a variance to the building setbacks such that a 15 foot secondary front yard setback would be permitted on these lots. As a result, the houses are built as close as 17 feet to the property line. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of February 6, 1996, the Planning and Zoning Commission voted 5-0 to recommend approval of a variance to Table 34020 and Section 34020 F.4. for Stonehedge Subdivision, Section One, Block H, Lots 13 and 14, after making the required findings of fact, and provided the fences required by the deed restrictions are built on Reinhardt Boulevard. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff report. Submitted By: Edward S Aarry, AICP - Director Divis4 of Develop nt Services Hildy L. 18ngma, AICP Chief Planner VARIANCE TO THE SUBDIVISION REGULATIONS FOR STONEHEDGE SUBDIVISION, SECTION ONE, BLOCK H, LOTS 13 AND 14; LOCATED AT 100 REINHARDT COURT AND 501 BELMONT DRIVE OWNER / APPLICANT: BA Homes, Inc. Mr. John Rhodes 4130 Spicewood Springs Road., Ste 200 Austin, Texas 78759 512/794-8513 FAX: 512/794-8073 REQUEST: Variance to the Subdivision Regulations for Stonehedge Subdivision, Section One, Block H, Lots 13 and 14 (aka Churchill Farms), as recorded in Document No. 9547768 of the Official Deed Records of Williamson County, Texas. FACTS: Location: 100 Reinhardt Court and 501 Belmont Drive. SEE EXHIBIT A Existing Site: Single family residential lots. Existing Zoning: RS, Residential Single Family. Proposed Use: Single family residential. Surrounding Uses and Zoning: Stonehedge Subdivision, Section One and Two, single family residences (RS) Notification: Notification requirements have been completed. History: The final plats of Stonehedge Subdivision, Sections One, Two and Three were recorded in 1985. On January 11, 1993, City Council approved a change to the street names in Stonehedge Subdivision, Sections One and Two. The subdivision name was not changed, however the development is being marketed as Churchill Farms. The Subdivision Ordinance in place at the time these plats were Variance-B.L. - Stonehedge Subdivision, Sec. One, Blk H, Lots February 8, 1996 13 & 14 VR 96-23/ File:STNHGE-H.VAR Page 1 CM:HK approved required that the building line on the secondary front yard of corner lots be no less than 15 feet, while the primary frontage was required to be 25 feet. Five (5) lots have 25 foot setbacks on the secondary front yard because they are adjacent to the interior lots with 25 foot front yard setbacks. The subject lots, while actually back-to-back corner lots, were also platted with 25 foot front yard setbacks on both frontages. The current Subdivision Regulations require that both frontages of corner lots provide a 25 foot setback and that corner residential lots be ten (10) feet wider than the average interior lots. On July 26, 1994, the City Council approved a variance request for 52 lots in Sections One and Two to allow six (6) foot tall fences to be built to the property line on the secondary frontages of selected corner lots (see EXHIBIT B) . The subject lots in the current variance application were included in that variance. That approved variance only applied to Section 37040 B. , which limits fences in required front yard setbacks to less than or equal to three (3) feet. In addition, it only applied to those corner lots that were adjacent other corner lots so that continuous, consistent fencing could be installed. ANALYSIS: The applicant requests consideration of a variance to Table 34020 and Section 34020 F.4. to permit 15 foot secondary front yard setbacks. The variance would apply to the Reinhardt Boulevard frontage of both subject lots (see EXHIBIT Q. The subject lots were permitted for house construction in October 1995 (501 Belmont Drive) and November 1995 (100 Reinhardt Court). At that time, the attached site plans were submitted with the permit application (see EXHIBITS D-1 and D-2) . The house at 501 Belmont Drive is setback 18 feet, 1 inch from the property line on the secondary lot frontage and the site plan clearly shows a 15 foot building line, rather than the platted 25 foot building line. The house at 100 Reinhardt Court is setback 17 feet at its closest point to the property line on the secondary lot frontage. In this case, as well, the site plan shows a 15 foot building line. In both instances, both the builder and the Building Inspector misunderstood the intent of the variance granted in 1994. Both interpreted it to be a variance to Table 34020, which establishes building setbacks, such that a 15 foot Variance-B.L. - Stonehedge Subdivision, Sec. One, Blk H, Lots February 8, 1996 13 & 14 VR 96-23/ File:STNHGE-H.VAR page 2 CM:HK secondary front yard setback would be permitted on these lots. As described above, however, the variance was only applicable to the height of fences in the front yard setback on the subject lots. One of the significant justifications for granting the 1994 variance was that the applicant had placed deed restrictions on the subject lots that require the construction of a fence meeting specific design standards. The benefit of these deed restrictions is that they establish uniform and high standards for the construction of fences on the subject lots. These restrictions will ensure that the City's primary concern about maintaining a consistent frontage is addressed if the current variance is granted. Given this assurance, and the fact that the City staff was involved in the incorrect permitting of these houses may provide sufficient justification for the requested variance. The error in the setback was discovered in late December, after construction was well underway on both houses. One of the houses is scheduled for closing on February 15, 1996. Given these facts, City staff advised the applicant that it is preferable that they stop construction until after the Planning and Zoning Commission and City Council were able to act on the request. However, no stop work order was issued. The applicant has chosen to assume the risk of continuing to work on the construction of both houses. VARIANCE: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following finds of fact as required by the Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special Variance-B.L. - Stonehedge Subdivision, Sec. One, Blk H, Lots 13 & 14 VR 96-23/ File:STNHGE-H.VAR CM:HK February 8, 1996 Page 3 right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature. " 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." The applicant's Documentation for Basis of Requested Variance form is attached. STAFF RECOMMENDATION: Approval of the requested variance to Table 34020 and Section 34020 F.4. for Stonehedge Subdivision, Section One, Block H, Lots 13 and 14, after making the required findings of fact, and provided the fences required by the deed restrictions are built on Reinhardt Boulevard. P & Z ACTION: At their regular meeting of February 6, 1996, the Planning and Zoning Commission voted 5-0 to recommend approval of a variance to Table 34020 and Section 34020 F.4. for Stonehedge Subdivision, Section One, Block H, Lots 13 and 14, after making the required findings of fact, and provided the fences required by the deed restrictions are built on Reinhardt Boulevard. Variance-B.L. - Stonehedge Subdivision, Sec. One, Elk H, Lots 13 & 14 VR 96-23/ File:STNHGE-H.VAR CM:HK February 8, 1996 Page 4 EXHIBIT B STONEHEDGE SUBDIVISION (CHURCHILL FARMS-) Proposed secondary front yard encroachment ..of fence into 15' building setbac zg 24 AC. 1�\G \\ cITY otY 2 3 \ 5 6 G1� v 5 4 �o�G���WN 1 4 1 5 6 6 �' (15.20 AC.) 3 4 7 j X 1 2 3 7 * •` ; CITY ONLY ��^ 5 9 .�� (3.30Ac) 3 4 1� iO ° 5 1 2 E 7 3 4 7.8ncY (IZ.SS Ate) n 2 7. / 2 n 1 1 15 6 16 14 ( 3541 A;.) I i 3 8 9 10 2 18 9 t_IN SAVINGS ASSOC. I I �g-g 4 17 13 199 / 1 75 i 5 v 7 5 4 \� �rrQ1gH 12 11 5IC { 1 63 t5 Ac 1 I 6 Oa 8 51. 2 6 A-_ I 6 F 6 7 I I 9 10 19 1 ) 5.75AC. I 4 `P 18 �J 1 2 3 t 2 c KN' 31 / 13 14 15 16 17 11.66 AC_ / I 0 r 1 l SCHNEIDER I 1a5/5.32 3,33 AG \ + (5.77 AC) (593 AC) \ i t • , 1•+C \ • Pi 12 �� ro1c. s4rr�. \ 1 • 15 1 17 r s . h wsa7 v • \ I l/• K • m 'Ip It 7 1J 1 • • t I 1• . • y� ♦� j ��� aim► �� nth '_1© .� gym► �• �'`` - Q Fences currently built or under construction ARecommend denial of variance 0 Recommend approval of variance EXHIBIT C 2 3 4 ZO J /9 6 7 ! /7 8 I 9 I /D /5 /4 I /3 1 Z/ 01 4 5 I h D,PA/NAGS 4ASEMENT h Variance to allow encroachment up to 15' from Property Line. EXHIBIT D-1 Cc)c/T EXHIBIT D-2 50l �ELh1oNT pPIVE DOCUMENTATION OF BASIS FOR REQUESTED VARIANCE Date: JAN 5, 1996 Applicant: B-A HOMES, INC., Austin, TX 78759 This request is for a variance from the literal enforcement of Section(s) of the Subdivision Regulations. Give a brief description of the variance requested: Reduce the side street B. L. of 25' to 15' at 100 Reinhardt Court, Lot 14, Block H. Section I, Churchill Farms S - division (formerly STONEHEDGE), where the side street B. L. abuts Reinhardt Blvd. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findings of fact that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantially served? The public convenience and welfare will be substantially served b_y the granting of the requested variance because the home being built on this lot, which is sold, will be able to be completed, closed, and occupied, in a timely manner, with no negative impact on the surroundinq community. . 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. The appropriate use of surrounding property will NOT be impaired or diminished in any manner. All surrounding property will be utilized in an identical manner, whether the variance is granted or not. Due to a 6' side street line fence to be installed on the side street property line, the reduction of the B. L. will have no negative impact on street visibility, public use of right-of-way, or mainten- ence of positive and attractive subdivision street scene. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with the enforcement of this same provision`? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The hardship involved is that currently a sold home is being constructed which en- croaches approximately 6.5' into the 25' side street B. L. The hardship was cre- ated by City of Georgetown approval and permitting of construction plans showing a 15' side street B. L. (per note 15 of the Subdivision Plat). The rest of the Revised 12/94 public will not face the enforcement of this same provision, because there are only four lots of 188 lots in this section with 25' side street B. L. drawn on the Plat. 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe, your answer to be supportable. If the requested variance is approved, no special rights or privileges would be conferred that are not currently available to owners of similar surrounding pro- perties. First, all corner lots in this section, except four, already have 15' side street B. L. Second, two of these four lots cannot have 15' B. L. because they abut perpendicular interior lots. S. Flow is the public interest affected? The public interest would be positively affected by allowing the completion and occupancy of this home. There is no negative impact on the public interest. 6. List the special conditions that affect this property and justify the appproval of the variance. In this section of 188 lots, there are only, four lots with a 25' side street B.L. Only two of these four lots CAN be granted the variance because they back up to each other. This lot is one of those two lots. Because the 15' B. L. was reviewed and approved at permitting, the home was sold and is substantially near comple- tion. Because there is no negative impact on the rest of the community, there is no justification for denial of the variance requested. 7. How will the spirit of the ordinance be observed if this request is granted? The spirit of the ordinance is to provide controls and guarantees to Homebuyers and Homeowners that no deviations from normally acceptable construction practices will be allowed to negatively impact on consistency of community excellence. To grant the requested variance will, in no way, defeat or circumvent that spirit. 8. How will substantial justice be done if this request is granted.) Substantial justice will be done if this request is granted because there will be no negative impact on the community, an error made by both the Homebuilder and the City of Georgetown can be rectified with little delay, cost, or conse- quence, and, a family, preparing to move into their new "Dream Home", can still realize their dream. I,cvl,icd 1.'/')4 DOCUMENTATION OF BASIS FOR REQUESTED 'VARIANCE Date: JAN 5, 1996 Applicant: B—A HOMES, INC., Austin, TX 78759 This request is for a variance from the literal enforcement of Section(s) of the Subdivision Regulations. Give a brief. description of the variance requested: Reduce the side street B. L. of 25' to 15' at 501 Belmont Drive, Lot 13, Block H, Section I, vision (formerly STONEHEDGE), where the side street B. L. Churchill Farms Subdi- abuts Reinhardt Blvd. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. "These issues relate directly to the eight (8) findings of fact that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantially served? The public convenience and welfare will be substantially served by the granting of the requested variance because the home being built on this lot, which is sold, will be able to be completed, closed and occupied, in a timely manner, with no negative impact on the surrounding community. ?. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. The appropriate use of surrounding property will NOT be impaired or diminished in any manner. All surrounding property will be utiTized in an identical manner, whether the variance is granted or not. Due to a 6' side street line- fence to be installed on the side street property Line, tJ-ie reduction of the B. L. will have no negative impact on street visibility, public use of right-of-way, or mainten- ance of positive and attractive subdivision street scene. 3. \.Vhat arc the hardships involval'? How were those hardships created`? How are those hardships different from those affecting the rest of the public faced with the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The hardship involved is that currently a sold home is being constructed which encroaches approximately 7.4' into the 25' side street B. L. The hardship was created by City of Georgetown approval and permitting of construction plans show- ing a 15' side street B. L. (per note 15 of the Subdivision Plat). The rest of Rcviscd 12/94 the public will not face the enforcement of this same provision, be- cause there are only four lots of 188 lots in this section with 25' side street B. L. drawn on the Plat. 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. If the requested variance is approved, no special rights or privileges would be conferred that are not currently available to owners of similar surrounding pro- perties. First, all corner lots in this section, except four, already have 15' side street B. L. Second, two of these four lots cannot have 15' B. L. because they abut perpendicular interior lots. 5. How is the public interest affected? The public interest would be positively affected by allowing the completion and occupancy of this home. There is no negative impact on the public interest. 6. List the special conditions that affect this property and justify the approval of the variance. In this section of 188 lots, there are only four lots with a 25' side street B.L. Only two of these four lots CAN be granted the variance because they back up to each other. This lot is one of those two lots. Because the 15'B.L. was reviewed and approved at permitting, the home was sold and is substantially near comple- tion. Because there is no negative impact on the rest of the community, there is no justification for denial of the variance requested. 7. How will the spirit of the ordinance be observed if this request is granted? The spirit of the ordinance is to provide controls and guarantees to Homebuyers and Homeowners that no deviations from normally acceptable construction practices will be allowed to negatively impact on consistency of community excellence. To grant the requested variance will, in no way, defeat or circumvent that spirit. 8. How will substantial justice be done if this request is granted? Substantial justice will be done if this rectuest is granted because there will be no negative impact on the community, an error made by both the Homebuilder and the City of Georgetown can be rectified with little delay, cost, or conse- quence, and, a family, preparing to move into their new "Dream Home", can still realize their dream. Revised 12/94 CHPAH1TON E S January 5, 1996 City of Georgetown Development Services Division P. O. Box 409 Georgetown, TX 78627 To whom it may concern: It has come to my attention that we are in need of a variance for side street buildinq lines at 501 Belmont Drive and 100 Reinhardt Court, Churchill Farms Subdivision. Though we will apply at the same time for both properties, I G7ould ask that you also consider the impact to the purchasers of the property located at 100 Reinhardt Court, in particular. The purchasers, who are currently Georgetown residents, are tenants with a local property management company and have qone to great lengths to neqotiate a pro -rated rent for the month of February, targetina February 15, 1996 as their closing and move -in date. Their current home has also been leased from that date forward to an IBM transfer employee, relocating here. Financing plans for the new home purchase have also been set in motion. With mortqaqe rates favorable, the purchasers have opted to lock in their interest rate, which expires on the 16th of February, 1996. With these items in consideration, we request an accelerated - review of the variance request process, to include presentation to the committee at the meetinq scheduled for Tuesd.av, February 13, 1996. Thank you in advance for your rapid action and consideration. Respectfully, Paul Gillia B-A Homes Sales and Marketinq 4130 Spicewood Springs Rd. - Suite 200 • Austin, Texas 78759 • (512)794-8513 Council meeting date: February 13, 1996 AGENDA ITEM COVER SHEET SUBJECT License agreement for sewer line encroachment ITEM SUMMARY Item No. This license agreement was approved in conjunction with an alleyway abandonment that was discovered as the house sale was being finalized. The license agreement was not executed by the sellers at the closing. The new owners of the property apparently did not understand the significance of the encroachment. They have since requested revisions to the license agreement, and Community Owned Utilities is agreeable to the changes. We are recommending approval of the revised license agreement. ATTACHMENTS License Agreement Submitted By: Marianne Landers Banks, City Attorney LICENSE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS. - COUNTY OF WILLIAMSON This is a License Agreement by and between the City of Georgetown (hereinafter referred to as "Licensor"), and James R. Walton and Shawn C. Walton (hereinafter referred to as "Licensee"), owners of Lot Three (3) and the West Six Feet (6) of Lot Four (4), Block One (1), Logan Addition, an Addition in and to the City of Georgetown, a Subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet A, Slide 26, Plat Records, Williamson County, Texas, and more fully described by metes and bounds in the attached Exhibit "A". Licensor hereby grants a license to the said Licensee to permit a portion of the structure located at Lot Three (3) and the West Six Feet (6) of Lot Four (4), Block One (1), Logan Addition, an Addition in and to the City of Georgetown, a subdivision in Williamson County, Texas, according to the map or plat of record in Cabinet A, Slide 267, Plat Records, Williamson County, Texas, and more fully described by metes and bounds in the attached Exhibit "A", to encroach upon the sewer line, which sewer line is upon the property shown on Exhibit "B" attached hereto and incorporated herein by reference for all purposes, said sewer line being owned and occupied by the City of Georgetown, Williamson County, Texas, but such improvements shall at all times not be in contact with the sewer line, or interfere in any way with such sewer line, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by Licensor of its property, easement for the sewer line, or any other rights in and to the above -described property. Licensee expressly stipulates and agrees by Licensee's acceptance of this license that Licensee neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to Licensor's property. Licensee hereby expressly covenants, stipulates and agrees, without limitation, that the Licensor shall have a new easement for a replacement sewer line if and when needed as determined by Licensor, said easement to be from the sewer line as it currently exists upon Licensor's property and running to the east of the house as shown on Exhibit "B" and then continuing on to where it reconnects with the sewer line as it currently exists. Licensee further expressly agrees that the Licensor is currently operating and maintaining the current sewer line as it is in its currently existing location upon Licensee's property and Licensor retains the right to maintain the existing sewer line so long as it does not disturb the licensees house with its currently existing addition, said addition being the one which is over the sewer line. Licensor retains the right, but not the obligation, to enter upon the land to which this license applies and make repairs to the sewer line as needed or to move the sewer line as needed. This license, until its expiration or revocation, shall run with the title to the above described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. Licensee shall cause any immediate successors in interest to have factual notice of this License Agreement. - This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. License Agreement Page 1 of 3 d:\rl-estat\111-16th\020696.fin _ ... _ _ •.-rya`.. - This license is revocable by the Licensor upon the occurrence of any of the y : following conditions or events: <.- A. Licensee or its successor has failed to comply with the terms of the granting J t' of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the Licensor or the public in or to Licensor's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the Licensee, as indicated by the signature of Licensee. The License shall be filed of record in the Official Records of the County Clerk of the Williamson County Courthouse. APPROVED this the day of , 1996. LICENSOR: LICENSEE: CITY OF GEORGETOWN BY: LEO WOOD, MAYOR JAMES R. WALTON ATTEST: SHAWN C. WALTON SANDRA D. LEE CITY SECRETARY APPROVED AS TO FORM: MARIANNE LANDERS BANKS CITY ATTORNEY /1-0r\"11dVVLCUVIVICIV I STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 1996, by James R. Walton. Notary Public in and for the State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 1996, by Shawn C. Walton. Notary Public in and for the State of Texas hFER RECORDING RETURN TO: License Agreement City of Georgetown Page 3 of 3 Legal Department P.O. Box 4o9 dArl-estat\111-16th1020696.fin Georgetown, Texas 78627 EXHIBIT 4 FIELD NOTES Being 1.320 square feet of land, more or less, out of Block 1, LOGAN ADDITION, a subdivision in the City of GeorgeLown, Williamson County, Texas, of record in Cabinet A, Slide 26 of the Plat Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING AT A POINT for Lhe southwest cornier of I.ot .3, said 111ock 1, also being a point in the north line of 16th Avenue (Glasscock Avenue on recorded plat); no;NCE, with the north line of said Ifith Avenue, West, a dtstlillce of 11.00 feet to a found j" rebar at a point for the southeast corner of that; certain C;ourtland L. Logue tract of record in Volume 2386, page 554 of the Deed Records of Williamson County, Texas; `l`HENCE, with the east line of said Logue trait, North, passing at 52.00 feet a found �" rebAr, in -all 120.00 feet to a point for the northwest corner of this tract; THENCE, East, a distan(;e of 11..00 feet to a point for the northwcar corner of. said Lot 3; TUNCEt with the west line of said Lot :1, South, 120.00 feet to the TRUE PLACE OE'BEGINNING, containing 1320 square feet of 1Rnd, more or less. Based on a survey perfo:: med on the ground under my supervisor during the months of Apti.l. and May, 1995. or• r '��• $3 ` r,.s . Connell ••••~•"• ilex . Prof. Land Surveyor No. 4058 cMp1 V. GONNEL � Y .w..•w+•aM V i k° 405$ ,�4'r �" �Ia y 19, 1.095 ytiS6�o.�,�t� IXHIBIT ► 4 ii AV t• - - - --� 1 7-2 � I Q 1 I I � S �N I Q'D t I I 1 l 110o Council Meeting Date: February 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT A Resolution expressing official intent to reimburse costs for the proposed Customer Controlled Load Management project not to exceed $3,700,000 with proceeds from bonds that will be issued at a later time. ITEM SUMMARY Staff recommends passing the attached bond reimbursement resolution to allow work to begin once the contract is approved by Council. Staff recommends waiting until March or April to actually issue the debt. The revenue debt will be issued at the same time as the general obligation debt for street projects. SPECIAL CONSIDERATIONS None FINANCIAL IMPACT The City has cash balances available to begin paying for this project without hindering the City's ability to meet other obligations over the next few months. Approval of this resolution does not commit the City to approve an agreement with CSW Communications, but it will allow the City to begin the project immediately upon approval. Commencement of the project will commit the City to a future bond issue because the cash balances will be required for operating and capital costs late in 1995/96. COMMENTS None ATTACHMENT Proposed resolution Submitted By: in L. Morgan, Director of Finance and Administration Hart, City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CERTAIN PROJECTS TO INCLUDE UTILITY SYSTEM IMPROVEMENTS RELATING TO THE CUSTOMER CONTROLLED LOAD MANAGEMENT SYSTEM. WHEREAS, the City of Georgetown, Texas (the "Issuer") is a home -rule City of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition and construction of the customer controlled loan management system project (the "Project") prior to the issuance of obligations to finance the Project; WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, 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. The City Council hereby finds that this resolution implements Transportation Policy 1 of the Century Plan - Policy Plan Element, which states : "The City's transportation system provides for the safe and efficient movement of traffic, promotes economic interests of the community, and adequately serves the personal needs of individuals."; and further finds that the enactment of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Issuer reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximum principal amount equal to $3,700,000 for the purpose of paying the costs of the Project. SECTION 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Resolution Title No. FAAGENDAW6\CCLM RMB.RES Page 1 of 2 SECTION 4. The foregoing notwithstanding, no tax-exempt obligation will be issue pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 5. This resolution shall be effective immediately upon adoption. RESOLVED this 13 th day of February, 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Resolution Title No. Page 2 of 2 By: LEO WOOD Mayor F: AGENDA\96\CCLM RMB.RES Council Meeting Date: February 13, 1996 AGENDA ITEM COVER SHEET Item No. S SUBJECT Council approval of a Personal Services Agreement, between the City of Georgetown and Bill Glenn, to provide construction inspection services, over a twelve (12) month period, for the Community Owned Utilities Division, in an amount not to exceed 2% of total projects bid for Street and Drainage Capital Improvement Projects (CIP) . ITEM SUMMARY: With construction in progress escalating at Sun City, and the new 1996 projects beginning, it is necessary to provide additional construction inspection, to ensure that utility improvements are being installed as bid and correctly. Since no new inspection staff were provided for FY 1995-1996, it is necessary to obtain an individual on contract to perform the required services. Mr. Glenn is highly qualified to provide these services. He recently retired from the Texas Department of Transportation, and has many years of knowledge and experience related to the task of inspecting utility construction. Therefore, staff recommends approval of the personal services agreement, between the City of Georgetown and Bill Glenn. SPECIAL CONSIDERATIONS• NONE FINANCIAL IMPACT: Payments, not to exceed 2% of total projects bid for Street and Drainage CIP projects, are to be paid from related project accounts. COMMENTS NONE ATTACHMENTS 1. Personal Services Agreement will be provided on the Bias_ ea by: Jim Briggs, Director Community Owned Utilities Council meeting date: 2-13-96 Item No. AGENDA ITEM COVER SHEET SUBJECT A resolution calling a General Election in Georgetown, Texas, to be held on May 4, 1996; ordering a runoff election, if necessary, and establishing procedures for said elections. ITEM SUMMARY As required by State Law, the attached resolution orders the General Election of May 4, 1996, to elect Councilmembers for Districts 2, 6, and 7 and Mayor. In accordance with the City Charter Amendment, the term of office for the Mayor will be three years. The newly -elected Councilmembers will draw straws to determine length of term. As in previous years, election day polling places are the Georgetown Public Library for voters in City Districts 1, 2, 3, 6 and 7; and the GISD Administration Building for voters in City Districts 4 and S. Early voting will take place both at City Hall and at the GISD Administration Building on Lakeway Drive. If a Runoff Election is necessary, it will be held on Saturday, June 1. This year, the school district has requested preclearance to conduct early voting at the City Hall. Election officials will be appointed by resolution on the next Council Agenda. ATTACHMENTS 1. Proposed resolution Subm' By: i Sandra D. Lee, City Secretary RESOLUTION NO. A RESOLUTION ORDERING A GENERAL ELECTION IN GEORGETOWN, TEXAS TO BE HELD ON MAY 49 1996, AND ESTABLISHING PROCEDURES FOR SAID ELECTIONS. WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 4, 1996, there shall be a General Election at which shall be elected the following officials for this City: Three (3) Members of the Georgetown City Council: one Councilmember from each of Districts 2, 6, and 7, and a Mayor (elected at large from all City Districts); and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a Resolution should be passed establishing the procedure to be followed in said election, and designating the voting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, 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 The City Council has found that this action implements Governmental Affairs Policy 2 of the Century Plan - Policy Plan Element, which states: "All citizens actively participate in governmental functions.", and has found that this action is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan; SECTION 3 This election shall be held to elect Councilmembers for Districts 2, 6, and 7, and a Mayor (to be elected at large from all City Districts). action Resolution No. Page 1 of 4 Pages SECTION 4 All candidates for the election to be held on the first Saturday in May, 1996, for Districts 2, 6, and 7, and Mayor, shall file their applications to become candidates with the City Secretary at the City Hall, 609 Main Street, Georgetown, Texas, on or before 5.00 p.m. on the forty-fifth day before the election, such date being March 20, 1996. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing held by the City Secretary on March 26, 1996, at 4.30 p.m. in the City Council Chamber, located at 101 E. 7th Street, Georgetown, Texas. SECTION 5 As provided in the City Charter, in the event that no candidate can be declared the winner in any or all of the individual races to be conducted in the General Election, a runoff election shall be held not less that three nor more than four weeks after the regular election, that date being Saturday, June 1, 1996. In such Runoff Election, the two candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again, and the candidate who receives the majority of the votes cast for each such office in the Runoff Election shall be elected to such office. Code. SECTION 6 Voting shall be conducted with paper ballots prepared in conformity with the Texas Election SECTION 7 As City Secretary, Sandra D. Lee is hereby appointed as Clerk for Early Voting. Elizabeth Gray, Carl Speegle, Hartley Sappington, Marianne Banks, and Bob Hart are hereby appointed as deputy early voting clerks. Early voting by personal appearance shall take place at City Hall, 609 Main St., Georgetown, Texas, and Branch Early Voting by personal appearance will take place at the GISD Administration Building. Each location will remain open during normal business hours (8:00 a.m. to 5:00 p.m.) each day specified for early voting, which is not a Saturday, a Sunday, or an official state holiday, beginning on the 20th day preceding the date of the election, which is Monday, April 15, 1996, and continuing through the 4th day preceding the date of the election, which is Tuesday, April 30, 1996. section Resolution No. Page 2 of 4 Pages Early voting shall also be conducted on Saturday, April 20, 1996, from 9.00 a.m. to 1.00 p.m. and on Saturday, April 27, from 9:00 a.m. to 1.00 p.m. at the Main Early Voting Location at Georgetown City Hall. In the event of a Runoff Election, early voting by personal appearance shall take place at the Main Early Voting Location/City Hall, beginning Monday, May 13, 1996, through Tuesday, May 28, 1996. Because no contest shall be held in this year's General Election for candidates in City Single -Member Districts 4 or 5, early voting by personal appearance shall take place only at the Main Early Voting Location which is City Hall; unless there should be a runoff election required in the race for Mayor, in which case there would also be held early voting by personal appearance at the Branch Early Voting Location at the GISD Administration Building. SECTION 8 Election day voting shall take place at Polling Place "A", Georgetown Public Library, 808 Martin Luther King Blvd. for voters residing in City Single -Member Districts 1, 2, 3, 6, and 7, and at Polling Place "B", at the Georgetown Independent School District Tax Office, 603 Lakeway Drive, for voters residing in City Single -Member Districts 4 and 5. SECTION 9 The City Secretary shall conduct an unofficial tabulation of results after the closing of the polls of the General Election on May 4, 1996. The official canvass and tabulation of the results of the Election shall be conducted by the City Council at a Special Council Meeting on Tuesday, May 7, 1996, at 5.15 p.m. If a Runoff Election is required, the City Secretary shall conduct an unofficial tabulation of results after the closing of the polls of the Runoff Election on June 1, 1996. The official canvass and tabulation of the results of the Runoff Election shall be conducted by the City Council at a Special Council Meeting on Tuesday, June 4, 1996. SECTION 10 In accordance with the Charter Amendment adopted by voters in the May 1994 General Election, the term of office for the person elected as Mayor shall be three years. The persons elected to serve as Councilmembers for Districts 2, 6, and 7 shall draw straws to determine whether they will serve a three-year term (two Councilmembers) or a two-year term (one Councilmember). SECTION 11 This resolution shall be effective immediately upon adoption. :action Resolution No. nge 3 of 4 Pages RESOLVED this 13th day of February, 1996. Attest: THE CITY OF GEORGETOWN- Sandra D. Lee City Secretary Approved as to form: Marianne Landers Banks City Attorney °action Resolution No. i uge 4 of 4 Pages By: LEO WOOD Mayor Council Meeting Date: February 13, 1996 AGENDA ITEM COVER SHEET Item No. I J SUBJECT Council approval of Amendment #24 to the contract between the City of Georgetown and Camp, Dresser & McKee, for professional services related to the Lake Water Treatment Plant Capacity Expansion Improvements, in the amount of $139,680.00. ITEM SUMMARY • - - In order to provide for future projected water capacity needs at the Lake Water Treatment Plant, a meeting with the TNRCC was held, in November, 1995. Based upon the meeting, the TNRCC will allow the City to perform a re -rating test to re -rate the plant, from 5.4 mgd, to 7.5 mgd. This project will allow future capital expenditures to be deferred until the year 2002, saving the Utility substantial capital investment funds. Staff has requested a proposal from the engineering firm of Camp, Dresser and McKee, who have a standing contract with the City, to perform any necessary testing and complete actions necessary to re - rate the plant. Therefore, staff recommends approval of Amendment #24, of the contract with Camp, Dresser, & McKee to provide these services, in the amount of $139,680.00. SPECIAL CONSIDERATIONS• NONE FINANCIAL IMPACT: Funds in the Account Account COMMENTS NONE amount of $139,680.00 are to be paid as follows: Number 661-101-6400-00 $89,680.00 Number 661-101-6401-00 $50,000.00 ATTACHMENTS Amendment #24 from Camp, Dresser & McKee S t3 y : Jim Briggs, Director Community Owned Utilities AMENDMENT NO. 24 TO THE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES FOR THE LAKE WATER TREATMENT PLANT CAPACITY EXPANSION IMPROVEMENTS The General Services Agreement between OWNER and ENGINEER last authorized on November 26, 1991, is hereby amended as follows: The scope and cost of the anticipated services are set forth in the attached Exhibit 1. The fee for the work in Amendment No. 24 is to be paid on a lump sum basis. Your signature below will constitute your acceptance of Amendment No. 24. EXECUTED in duplicate original this day of , 1996 at Georgetown, Texas, where this contract is performable and enforceable. Approved as to form: Party of the First Part: CITY OF GEORGETOWN, TEXAS Marianne Landers Banks City Attorney Party of the Second Part: CAMP DRESSER & McKEE C. By: Allen D. Woelke, P.E. Principal Engineer STATE OF TEXAS COUNTY OF TRAVIS Leo Wood Mayor Attest: Sandra D. Lee City Secretary This instrument was acknowledged before me on this the day of 191, by Mr. Allen . Woelke in his capacity as Principal Engineer of Camp Dresser & Kee Inc. Printed name:jj,141-1A tary P i tate o Texas Commission Expires: JULIA FINNEY A1281AMD.N24*��* NOTARY PUBLIC State of Texas a�tr lit Comm. Exp. 02-03-97 EXHIBIT 1 CITY OF GEORGETOWN LAKE WATER TREATMENT PLANT CAPACITY EXPANSION IMPROVEMENTS ENGINEERING SERVICES SCOPE OF WORK The City of Georgetown's Lake Water Treatment (WTP) has a nominal treatment capacity of 6.0 mgd. However, the TNRCC rates the plant at 5.4 mgd based upon detention time in the sedimentation basins. The existing filters have a TNRCC rated capacity of 6.34 mgd based upon a 5.0 gpm/sf loading rate. Projected water demands indicate the City will need additional treatment plant capacity by 1998. The potential exists for re -rating the plant to up to 7.5 mgd by conducting full scale and pilot testing and making some modifications to the existing plant facilities. In November 1995, CDM met with TNRCC and proposed a testing program to validate that the plant can be re -rated to 7.5 mgd. Based upon our discussions, TNRCC will allow for the re -rating if testing results prove satisfactory and if the following plant modifications are constructed: • Provide a second sludge removal mechanism in each of the two sedimentation basins to remove all sludge from the basin floors • Replace the existing finger weirs and launders with a ported outlet wall to improve flow conditions in the sedimentation basins • Provide deep -bed (48") anthracite filter media • Install slow opening outlet valves on the filters The City has requested CDM to expand upon the WTP Evaluation performed by CDM in June 1995, and complete the tasks to re -rate the WTP. The following is a scope of work and cost proposal for providing the testing, design, and construction services for re -rating the WTP. Task 1 - Project Kickoff Meeting CDM will meet with City staff to discuss the project scope of work, proposed testing program, schedule, deliverables and other items associated with the project prior to commencing work. CDM will also meet with OMI (plant operating) staff to present the purpose of the project and explain the extent and importance of their involvement. Task 2 - Testing Protocol Two -tests will be required for obtaining approval from TNRCC. The first test will be a plant scale test to determine the impact on sedimentation basin and filter performance at higher flow rates and lower detention times. The second test will be filter pilot testing to determine the effectiveness of the proposed filters at higher loading rates. CDM will prepare the protocol and meet with TNRCC to obtain approval of the procedures. (TNRCC has given verbal approval.) A 1281AMDN24 Task 3 - Sedimentation Basin Performance Testing The sedimentation basin performance testing will involve treatment of flows through one sedimentation basin to provide a detention time of 4.32 hours or less. The plant should be operated in this fashion for approximately four weeks. Settled water and filtered water turbidities should be taken hourly during plant operation to show the impact of the lower detention times. In addition, the rate of filter headloss increase and filter run times should be recorded. CDM will provide the following services: 1. Assist plant staff in start-up of testing program, 2. Visit plant once a week to observe the testing, 3. Compile and analyze data collected by plant staff, 4. Prepare report for submittal to TNRCC. Task 4 - Filter Pilot Plant Study A filter pilot plant study will be conducted over a three month period to evaluate increased filter loading rates on both a 48-inch anthracite media filter and the existing filter media configuration. The filter pilot results will be compared against actual filter runs at lower rates. The results of the testing will be used to justify modification of the filters to increase their capacity to 7.5 mgd. CDM will provide the following services: 1. Provide pilot plant facilities, 2. Set up pilot plant facilities and prepare for testing, 3. Train plant personnel to operate the pilot plant, 4. Visit plant weekly to observe the pilot plant operation, 5. Compile and analyze data collected by plant staff, 6. Prepare report for submittal to TNRCC, 7. Dismantle the pilot plant and remove from plant site. Task 5 - TNRCC Approval CDM will present the results to the TNRCC as the test progresses. Upon completion of the sedimentation basin testing and filter pilot plant study and obtaining results that show effective treatment at the higher flow rates, CDM will submit the testing results to TNRCC requesting re - rating the plant to 7.5 mgd. CDM will meet with the TNRCC, as necessary, to discuss the results and to obtain approval. Task 6 - Preliminary Engineering CDM will perform preliminary engineering services in connection with the Project in sufficient detail to determine the problems involved and solutions available to the City. The preliminary engineering services will include layouts, sketches, new equipment and electrical requirements, and cost estimates for the proposed plant improvements. The preliminary design will include information on the modifications to the following: A 1281 AMD.N24 • Raw water pipeline • Sedimentation basins • Filters A topographical survey will be conducted of the proposed raw water pipeline route to obtain the necessary information for designing the pipeline. Task 7 - Design Following completion of preliminary design, CDM will prepare contract documents for purposes of bidding the project. CDM will provide the following engineering services: • Prepare detailed construction drawings and specifications, in AutoCadd format, for the project as authorized by the City. The design shall in all respects combine the application of sound engineering principles with a high degree of economy. • Prepare Engineering Report and other supporting data for TNRCC review and approval of plans and specifications. • Prepare detailed opinions of probable construction costs of authorized construction, which shall include summaries of bid items and quantities. • Furnish the City all necessary copies of approved plans, specifications, notice to bidders, and proposals. • The design will generally consist of the following items: a. Removal of the existing outlet launders and supports from the two existing sedimentation basins. b. Installation of a new circular sludge removal mechanism in each of the two existing sedimentation basins. C. Construction of a new ported outlet wall in each of the two sedimentation basins. d. Removal and relocation of the filter backwash troughs in each of the four existing filters. e. Removal of the existing filter media and support gravel from the four existing filters. f. Installation of new IMS caps on the filter underdrains and 48-inches of anthracite media in each of the four filters. g. Construction of approximately 3,100 linear feet of 24-inch raw water pipeline to parallel the existing 16-inch raw water pipeline. Task 8 - Construction General Services CDM will provide the following services during the bidding and construction phase of the project: • Assist the City in the advertisement of the Project for bids. A 1281 AMDN24 • Assist the City in the opening and tabulating of bids for construction of the Project, and recommend to the City as to the proper action on all proposals received. • Assist in the preparation of formal Contract Documents for the contracts. • Make monthly visits to the site, not to exceed four hours each, to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. • Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. • Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. • Review monthly and final estimates for payments to contractors, and furnish to the City any necessary certifications as to payments to contractors and suppliers in a form acceptable to the City. • Conduct, in company with the City, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. • Revise contract drawings, with the assistance of the resident project representative or City's repetitive, to provide record drawings of the completed project. Furnish one set of reproducible drawings and one set of prints of these revised drawings to the City. Deliver record drawings to the City in AutoCadd format. A 1281 AMDN24 City of Georgetown Lake Water Treatment Plant Capacity Expansion Improvements Budget Task 1 Project Kick-off $17040 Task 2 Testing Protocol $1,800 Task 3 Sedimentation Basin Performance Testing $2,480 Task 4 Filter Pilot Study S287360 Task 5 TNRCC Approval $1,800 Task 6 Preliminary Engineering $6,200 Task 7 Design $76,000 Task 8 Construction General Services S 10,000 Other Direct Costs, including: Travel Telephone Copying/Bluelines Postage/Facsimile Computer Time $5,000 Surveying $4,000 Environmental Survey $37000 TOTAL S 139,680 A 1281 AMDN24 Council meeting February 13, 1996 Item No. V AGENDA ITEM COVER SHEET SUBJECT: Second Reading of an Ordinance to Rezone 0.49 acres, a Resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS, Residential Single Family to RP, Residential Planned District with a Detailed Development Plan ITEM SUMMARY: The First United Methodist Church proposes to construct a parking lot on their property at the southeast corner of 13th and Ash Streets. This property is currently zoned RS, Residential Single Family and therefore a stand-alone parking lot is not permitted. The RP, Residential Planned zoning district permits any use allowed in the RS district and other support uses. The RP zoning district does require the submittal of a site plan to establish the specific development approvals for the parcel. Given that a plat for a planned unit development (PUD) is also being processed for this property, the detailed development plan (DDP) requirements of the Subdivision Regulations were applied to the site plan review in order to be consistent with the most current design standards. Two elements of the design standards are not met by the proposed development, but are supportable as features of the PUD because of the benefits to be gained from the development of this parking lot and other offsetting design elements. Parking is proposed to encroach into the 25 foot front yard setbacks. This design element is offset by additional plantings in the required bufferyard located between the parking and the street. The proposed separation distance between the intersection of 13th and Ash Streets and the driveway onto Ash Street does not meet the required standard. This is a supportable design feature because this is a single family area where the streets are very narrow, and the parking lot will help to remove cars from the street. SPECIAL CONSIDERATIONS: None. FINANCIAL IWACT: The applicant has requested a waiver of the rezoning and DDP fees on the basis of being a church. The fees for this application would total $550, including $250 for the rezoning fee and $300 for the DDP fee. COMMENTS: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning of the Planned Unit Development of the Wesley Subdivision, from the RS, Residential Single Family to RP, Residential Planned zoning district with a Detailed Development Plan. The City Council approved this Ordinance on first reading on January 23, 1996. RECON MENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. In addition, it will include the approval of the requested fee waiver. ATTACHMENTS: Staff report Submitted Bv: Edward . Barry, AICP Director Divisio of Developme t Services 9( Hildy L. Idngma,AICP Chief Planner REZONING OF 0.49 ACRES, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, FROM RS, RESIDENTIAL SINGLE FAIVIILY TO RP, RESIDENTIAL PLANNED DISTRICT WITH A DETAILED DEVELOPMENT PLAN OWNER: First United Methodist Church 410 East University Georgetown, Texas 78626 863-2370 FAX: 930-4098 AGENT: Mr. Marvin Dorsey, Board of Trustees Chairman P.O. Box 314 Georgetown, Texas 78627 869-7320 FAX: 869-5866 REQUEST: Rezoning of 0.49 acres, a resubdivision of Hughes Addition, part of Block 5, to be known as the Planned Unit Development of the Wesley Subdivision, from RS, Residential Single Family to RP, Residential Planned District with a Detailed Development Plan, as recorded in Volume 1913, Page 532 and Volume 2375, Page 299 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Southeast corner of 13th Street and Ash Street. SEE EXHIBIT A Existing Sites: Existing scout but and parking. Existing Zoning: RS, Residential Single Family. Proposed Use: Church parking facility. Surrounding Uses North: Single family residences and First United Methodist and Zoning: Church (RS) South: Single family residences (RS) East: Single family residence (RS) West: Single family residences (RS) Rezoning- Wesley Subdivision February 8, 1996 R-96-01/File:WFSLEY.RE Page 1 CM:H Notification: The notification requirements have been completed. ANALYSIS: Although churches are allowed by right in the RS, Residential Single Family zoning district, the proposed parking lot is to be located on a separate lot and therefore would not be permitted in the RS district. However, the RP, Residential Planned zoning district allows "any use permitted by the RS District regulations and conforming to the District's standards". While this parking lot will be on a separate parcel of land, it is being built for the Church and will serve the important function of removing cars from the streets during the peak church use times. The RP zoning district does require the submittal of a site plan to establish the specific development approvals for the parcel. Given that a plat for a planned unit development (PUD) is also being processed for this property, the detailed development plan requirements of the Subdivision Regulations were applied to the site plan review in order to be consistent with the most current design standards. The RP zoning district and PUD plat guidelines both allow for development proposals that vary from the strict application of the design standards in order to encourage integrated land uses and innovative site design, and avoid win -lose solutions to development issues. Rezoning- Wesley Subdivision R-96-O 1 /File: W ESLEY.RE CM:H The detailed development plan is illustrated by EXHIBITS B-1 and B-2. Two elements of the design standards are not met by this proposed development, but are supportable as features of the PUD because of the benefits to be gained from the development of this parking lot and other offsetting design elements. Parking is proposed to encroach into the 25 foot front yard setbacks on both 13th and Ash Streets. Section 33051 A. prohibits this type of design. In addition, Section 34020 G.1. prohibits structures or impervious construction in the required front yard setback. In order to offset this design element, the development includes the required Type D bufferyard in the front yards of 13th and Ash Streets. This bufferyard includes a berm and three (3) deciduous shrubs and four (4) evergreen shrubs per 100 feet. This results in slightly more plantings than are required for the 20 foot wide, Type D bufferyard, thereby helping to offset the parking encroachment and the narrower bufferyard. The proposed separation distance between the intersection of 13th and Ash Streets and the driveway on Ash Street is 50 feet, measured from the edge of pavement at the driveway to the edge of the street pavement. Section 33044 requires a 60 foot separation distance. This February 8, 1996 Page 2 is a supportable design feature because this is a single family area where the streets are very narrow, and the parking lot will help to remove cars from the street. TECHNICAL ISSUES: The Subdivision Regulations require that the following Technical Issues are addressed prior to Planning and Zoning Commission consideration of this application. In order to assist the applicant, however, this application has been forwarded to the Planning and Zoning Commission prior to the completion of the Technical Issues. Therefore, these items must be addressed before the application will be forwarded to the City Council. 1. The sidewalk should be five (5) feet wide to meet ADA requirements. 2. The Type E bufferyard required on the south and east property lines requires a fence. The property owners to the south have submitted a letter requesting that no fence be required along their lots. Either provide a similar letter from the property owner to the east, or indicate that a six (6) foot privacy fence will be provided along this lot line. STAFF RECOMMENDATION: Approval of the requested rezoning of the Planned Unit Development of the Wesley Subdivision, from the RS, Residential Single Family to RP, Residential Planned zoning district with a Detailed Development Plan. P & Z ACTION: At their regular meeting of January 2, 1996, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning of the Planned Unit Development of the Wesley Subdivision, from the RS, Residential Single Family to RP, Residential Planned zoning district with a Detailed Development Plan. Rezoning- Wesley Subdivision R-96-01/File: WESLEY.RE CM:H February 8, 1996 Page 3 EXHIBIT A r 1 S 7 2 o S 1 2 S S 7 2 $ $ g 8 8 8 8 6 3 8 18 b o b SChurch, a b 5 a 8 5 a 8 $ g g o. .ro oo' .Tom' '70 m' "a oo' ,ro oo' •ro.o0' C- 2 A I R M 3 I STATE HIGHWAY 29 •r.fo' 1 aa.fo' ar in - , u 2 La _ �om _ _ ,�— 3 b 6 `) 5 o • 7 S e 8 - b 10. oo' •of.o q a Y p to O 7) n / S S .b 10 ^\ °o e 1I .7, 8 r t. 12 S 7 -s ITS b 13 ' m 'o mrn n.ft .."CC .IC,.00.]. C..-C. 2 RS Church 17 In CTDCCT '!Z "ORC ETOW N I.S.D. School RS .n .. .00 •ro s. ao Qn b Res S �I ,ro ao' ,ao Res R Res �s •a' +o ] `� Res (n Fees Res b 14 o R S ! I 14 111 STREET R S 15 g - .ff.00• _ a b a 16 8 0 17 c t O / O 18 0 0 r.a g -0 00' W.00' WOo' 1, 00 p o 5 la e 6 0 •o.00' ao.00' ,f .00• �1 \v -20.00' lr.00 c 10 I m o z b 9 x V 8 � U) b —1 Z1 m _ rn — ,r, oo' •r, oo' a ^� �V 2 l� b 1 .a 3 C� 83 moo" S D r c� rn In m RP -a I Is 15 th STREET � J .Zf' .IO . ot2[7 K.3' .ra.7' �Owws Ow .Z0' 97 It, 00 a' •ro •ro" •.).t r•) . .ropro' 6 °� � )l_.-ttC777ttt �to, I" �. J l�LL<l I ao' i \ j 3 - "'l 2� ��. �� 2y I •ro' .ro' 17 Ih STRE.E"i _ a 3 1618 ` .�. ( 1 5 PRO POSED REZONING TO RP, RESIDENTIAL PLANNED DISTRICT .�_ J m r m m Qo' - D Res. _ Res 0 1 ••O.] •O• .K CU"!(.. SIUC Wh:_r u I [ V. 1'. C6NC SIDE WALK N 00-01'04'E 120.09' •` • • 0 10 Nu E " ti r 4 Spoces a &55, 0 25'BUILDING LINE _ 1-- -- — — — o � m o =.t ............. o y �, / , �, „�s� �` \ sue• ; I ! Ri o - . z, r u a • �� X. mv d •"-------t5 -- I - am't Im cr m' I� �. �. .tea Z ! ^ I iZ v R. '*i • i �N �ii I I 0. 'D u- i - Z �C: -i1, I - _ iN,• _ _ C)a �-, ° c 1 IQ� A 116c' � i I v ' � m � - Sp ce5 a i, 'x2l' l� ;P':Ci D. PIPE o F p < a 1 S ram0 - <n I 3 • J °c �(A � � � < T y o m z - ;D L-8 1191HX3 ASH STREET . ;lh oc J iZ7- 7AKI--.. N 00 '01'04 "E > 10 P,U.E per u cc' -99,; -n u, off It M 13 . 1 3 IN - fy 16' in D k3 cd) v In ll -71 C\ .... ...... fr Vill, � "`';• /` t r` ;' /� 14 is - - ji :� o c :o 5 E,o,glc per Every loo' (7"yp.) Z-0 llGlHX3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE 0.49 ACRES, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, AS RECORDED IN VOLUME 1913, PAGE 532, AND VOLUME 2375, PAGE 299 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE RS, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT CLASSIFICATION TO RP, RESIDENTIAL PLANNED DISTRICT ZONING CLASSIFICATION WITH A DETAILED DEVELOPMENT PLAN; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the property ) . 0.49 ACRES, A RESUBDIVISION OF HUGHES ADDITION, PART OF BLOCK 5, TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT OF THE WESLEY SUBDIVISION, AS RECORDED IN VOLUME 1913, PAGE 532 AND VOLUME 2375, PAGE 299 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, hereinafter referred to as "the property"; WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and WHEREAS, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and WHEREAS, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Wesley Subdivision Rezoning Ordinance No. Page 1 of 3 WHEREAS, the City Planning and Zoning Commission in a meeting held on January 2, 1996, recommended changing said zoning district classification of the above described property from the RS, Residential Single Family district zoning classification to RP, Residential Planned district zoning classification with a Detailed Development Plan, in accordance with Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance implements the following Policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations"; and 2. Growth and Physical Development Policy 2, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Growth and Physical Development Policy 4, which states: "The City will encourage new development and infill redevelopment in the community"; and 4. Environmental and Resource Conservation Policy 1, which states: "The City will take the steps necessary to protect the physical attributes that make Georgetown attractive"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the RS, RESIDENTIAL SINGLE FAMILY district to RP, RESIDENTIAL PLANNED district WITH A DETAILED DEVELOPMENT PLAN, in accordance with Exhibit "A", which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or Wesley Subdivision Rezoning Ordinance No. Page 2 of 3 application, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 23rd day of January, 1996. PASSED AND APPROVED on Second Reading on the day of . 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Wesley Subdivision Rezoning Ordinance No. Page 3 of 3 By: LEO WOOD Mayor Council meeting February 13, 1996 Item No. AGENDA ITEM COVER SHEET W SUBJECT: Second Reading of an Ordinance to extend the effective date of the Georgetown Sign Ordinance, also known as Chapter 12.10 of the Georgetown Municipal Code, from the current expiration date of February 24, 1996, to a revised expiration date of August 24, 1996 ITEM SUMMARY: The Georgetown Sign Ordinance was adopted by the City Council on February 9, 1993, and became effective on February 24, 1993. It was adopted with a sunset date established three (3) years after the effective date of the original ordinance. The purpose of this sunset provision was to ensure that the Ordinance was reviewed to determine the effect of the regulations and whether revisions were necessary. The required review has been delayed pending recommendations from the City Attorney regarding changes in State law and Court opinions that may have an effect of the Ordinance. Therefore, it is necessary to extend the effective date of the current Ordinance so the required review can occur during 1996. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COA CN4ENTS: This Ordinance was approved by the City Council on First Reading on January 23, 1996. RECOMMENDED MOTION: If this item is approved by the City Council, it will extend the effective date of the ordinance to August 24, 1996. ATTACHMENTS: Ordinance. Submitted By: Edward . Barry, AIC - Director Hildy L. ngma, AICP Divisi of Develop ent Services Chief Planner ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, EXTENDING THE EXPIRATION DATE OF THE GEORGETOWN SIGN ORDINANCE, ALSO KNOWN AS CHAPTER 12.10 OF THE GEORGETOWN MUNICIPAL CODE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 216.901 of the Local Government Code authorizes home rule municipalities to license, regulate, control, or prohibit the erection of signs or billboards; and WHEREAS, Section 54.004 of the Local Government Code authorizes home rule municipalities to enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the municipality and its inhabitants; and WHEREAS, on February 9, 1993, by the approval of Ordinance 93-5, the City did adopt the "Sign Ordinance of the City of Georgetown", codified as Chapter 12.10 of the Georgetown Municipal Code, hereinafter referred to as "Sign Ordinance"; and WHEREAS, Ordinance 93-5, Section 4, provides for the sunset of the Sign Ordinance in three (3) years, unless action is taken to extend its application and enforcement; and WHEREAS, the Planning and Zoning Commission has not conducted its review of the Sign Ordinance in order to make recommendations for revisions, as required by Ordinance 93-5; and WHEREAS, the process of review and consideration of proposed revisions will not be completed prior to the expiration date established by Ordinance 93-5; and WHEREAS, due to the level of development activity it is important to extend the effective date of the current Sign Ordinance in order to ensure its continuing effectiveness. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance implements 1. Growth and Physical Development Policy 1 which states "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations"; and Sign Ordinance Extension Ordinance No. Page 1 of 2 2. Growth and Physical Development Policy 2 which states "The City's regulatory action will efficiently and effectively implement the policy statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Development Plan Policy 8, End B, Ongoing Means 1, which states "The City shall prepare development regulations that protect neighborhoods from incompatible land uses and assure that residential neighborhoods are accessible to community facilities and services"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The application and enforcement of the Sign Ordinance is hereby extended to August 24, 1996, such that, unless subsequent action extends the application and enforcement of the Sign Ordinance, it shall expire on that date. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 23rd day of January, 1996. PASSED AND APPROVED on Second Reading on the day of ,1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Sign Ordinance Extension Ordinance No. Page 2 of 2 By: LEO WOOD Mayor 1 Y Council meeting date: February 13, 1996 Item No. „ AGENDA ITEM COVER SHEET SUBJECT Second reading of an ordinance amending Ordinance 93-42 to reapportion the assessment of the 21.26 acre tract out of the J.B. Pulsifier Survey No. 36 and Nicholas Porter Survey No. 26 in Williamson County Texas, proportionately by square footage of each proposed lot division identified in the preliminary plat of River Oaks - I.H. 35 Business Park. ITEM SUMMARY This Ordinance is presented on second reading. On January 9, 1996 the City Council approved a preliminary plat for resubdivision of a 21.26 acre tract. In 1993 this tract was assessed $196,000 for construction of the North 1-35 frontag road. The property owner will be conveying 4.66 acres of this tract for parkland and also additional acreage for public right of way. The remaining acreage has been subdivided into 10 lots as shown on the preliminary plat. The owner is requesting that the full assessment levied against this property be reapprotioned among the 10 lots according to square footage of each lot. The property owner will be responsible for the full assessment until such time as a final plat is filed, at which time each of the lots will be assessed accordingly. SPECIAL CONSIDERATIONS FINANCIAL IMPACT CITY ATTORNEY ATTACHMENTS Proposed Ordinance mitted By: i Marianne Landers Banks, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCE 93-42 TO REAPPORTION THE ASSESSMENT OF THE 21.26 ACRE TRACT OUT OF THE J.B. PULSIFIER SURVEY NO. 36 AND NICHOLAS PORTER SURVEY NO. 26 IN WILLIAMSON COUNTY TEXAS, PROPORTIONATELY BY SQUARE FOOTAGE OF EACH PROPOSED LOT DIVISION IDENTIFIED IN THE PRELIMINARY PLAT OF RIVER OAKS - IH 35 BUSINESS PARK; INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 28, 1995 the City Council exhibited its intent to allow reapportion of the assessments which were levied against property owners on East 1-35 Frontage Road for a portion of the costs of construction of the frontage road, to allow for resubdivision of property and increased marketabiltiy of lots; and WHEREAS, the property described in the original assessment as 21.26 acres and further described in that attached exhibit "A" of ordinance 93-42, (the "Assessed Property"); and WHEREAS, Georgetown 35 Joint Venture was the owner of the Assessed Property at the time of the original assessment; and WHEREAS, the current owner of the Assessed Property is 1994 Land Fund II - Dallas, I L.P.; and WHEREAS, on January 9, 1996, the City Council approved the preliminary plat for resubdivision of the Assessed Property ("Preliminary Plat") as identified in the attached Exhibit "A" to this ordinance; WHEREAS, on January 23, 1996, the City Council approved the abandonment of existing right of way located on the Assessed Property in exchange for new right of way identified on the Preliminary Plat; and WHEREAS, on January 23, 1996, the City Council approved dedication of parkland as identified on the preliminary plat; and WHEREAS, the Owner has requested that the full assessment be reapportioned on a pro rata basis according to the square footage of the remaining acreage in Lots 1 through 10, and excluding the acreage of the right of way and parkland dedications; and East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 1 of 3 WHEREAS, the City Council has determined that the reapportionment of the assessment is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: . SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance implements the following policies of the Century Plan - Development Plan Element: 1. Transportation Policy 15, which states: "The City will encourage a transportation system that provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the personal needs of individuals;" 2 Economic Development Policy 1 which states: "The City will encourage a diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations;" 3. Finance Policy 1 which states: "The City will conduct all Municipal operations in an efficient business -like manner;" and further finds that the adoption of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The assessment of $196,000 as levied in Ordinance No. 93-42 and as amended by Ordinance No. 95-59 will remain due and payable on the lots identified on the Preliminary Plat and will be subject to payment of the full assessment of $196,000 until such time as a final plat of the property, is approved and recorded in the Plat Records for Williamson County, Texas. The assessment of $196,000 will be divided apportioned between Lots 1 - 10 in accordance with lot size. At the time that each lot sells, the seller shall pay to the City the assessed amount against the lot as stated below. Lot # Acreage Assessed Amount 1 2.337 $29, 539.68 2 .875 $11, 060.00 3 .918 $11,603.52 4 1.252 $15,825.28 5 .655 $ 8,279.20 6 .708 $ 8,949.12 7 .789 $ 9,972.96 East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 2 of 3 8 .591 $ 7,470.24 9 .767 $ 9,694.88 10 6.614 $83,605.02 SECTION 3. Release of the assessment on each lot will be contingent upon payment in full of that lot's portion of the assessment as designated in this ordinance. SECTION 4. Until such time as the final plat is recorded the assessment will still be due and payable on each lot in accordance with the original assessment ordinance 93- 42 and as amended by Ordinance 95-59. SECTION 5. All ordinances and resolution, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 6. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect on approval after passage on second reading. PASSED AND APPROVED on First Reading on the day of , 1996. PASSED AND APPROVED on Second Reading on the day of 1996. ATTEST: THE CITY OF GEORGETOWN: 0 Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney East 1-35 Frontage Road Assessment Revision for 21.26 Acre Tract Ordinance No. Page 3of3 Leo Wood, Mayor Council meeting date: February 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT Second reading of an ordinance amending Ordinance 95-42. ITEM SUMMARY This ordinance is amending Ordinance 95-42, the construction codes ordinance. When Ordinance 95-42 was adopted the exhibit A which replaced Section 15.16, the Electric Code, was not included. There have also. been a few changes in order to better clarify the building inspector and their duties. SPECIAL CONSIDERATIONS FINANCIAL IMPACT CITY ATTORNEY ATTACHMENTS S Ed Barry, Director of Development Services - Marianne Landers Banks, City Attorney Dave Hall, Building Inspector ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCE NO. 95-42 AMENDING SECTION 213, RELATING TO THE BUILDING OFFICIAL, RIGHT OF ENTRY FOR INSPECTION; AMENDING SECTION 3, RELATING TO THE BUILDING STANDARDS COMMISSION, APPEALS FROM CONSTRUCTION CODES; AMENDING SECTION 6B AND 6C RELATING TO THE MECHANICAL CODE; AMENDING SECTION 813, C, AND D RELATING TO THE PLUMBING CODE; AMENDING SECTION 9 RELATING TO THE NATIONAL ELECTRICAL CODE; AMENDING SECTION 12 RELATING TO THE STANDARD UNSAFE BUILDING ABATEMENT CODE; AND AMENDING SECTION 13 RELATING TO THE EXISTING BUILDING CODE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the desire of, The City Council of Georgetown, Texas to amend, in all respects, the various sections of Ordinance 95-42 relating to the building official, right of entry, building standards commission, appeals from Construction Codes, plumbing, mechanical, National Electrical code, standard unsafe building abatement and the existing building code and, WHEREAS, The City Council has determined that amending Ordinance 95-42 is done to facilitate proper inspection activities by Georgetown, Texas relating to construction and to maintenance of buildings within the corporate city limits of Georgetown and the extra -territorial jurisdiction of Georgetown and relating to public safety, health, and general welfare; and WHEREAS, The Electrical Examiners Board and the Building Standards Commission appointed by motion of the City Council has reviewed the effect of those regulations and made recommendations to the City Council regarding certain revisions to the regulations; and WHEREAS, the caption of this ordinance printed in Williamson County Sun, January 3, 1996 in compliance with the City Charter of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby declared to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Housing Policy 1 of the Century Plan- Policy Plan Element, Construction Codes Ord. No. Page 1 of 4 which states: "The City will work with Builders, Developers, and Property owners to provide safe and adequate housing opportunities for all household types", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by: Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Ordinance 95-42 is amended to read as follows: "Section 2. Building Official, Right of Entry for Inspection B. Section 2.32.040 of Chapter 2.32 of Code of Ordinances of the City of Georgetown, Texas replaces Section 102.1 of Chapter 1, Administration, of the 1994 Southern Standard Fire Prevention Code, Section R-105, of the CABO One and Two Family Dwelling Code with 1993/1994 amendments as adopted in Appendix C of the 1994 Southern Standard Building Code, with 1993/1994 amendments, Section 103.1 of the 1985 Southern Standard Housing Code, the 1985 Southern Unsafe Building Abatement Code, Section 103 of Chapter 1, Administration, of the 1994 Southern Swimming Pool Code, and Section 102.1 of Chapter 1, Administration, of the 1988 Southern Standard Existing Building Code with 1991/1994 revisions, Chapter 1, Section 103 of the 1985 Standard Amusement Device Code, Chapter 1, Section 103.2 of the 1994 Standard Mechanical Code, and Section 103.2, Chapter 1, of the 1994 Standard Gas Code, Chapter 1, Section 103.2 of the 1994 Standard Plumbing Code which are hereby deleted in their entirety. Section 3. Building Standards Commission, Appeals from Construction Codes Chapter 2.64 relating to the Building Standards Commission of the Code of Ordinances of the City of Georgetown Code of Ordinances replaces Section 105 of Chapter 1, of the 1994 Southern Standard Fire Prevention Code, Section 108 of Chapter 1 of the 1994 Southern Standard Codes, 1985 Standard Amusement Device,Standard Building, Gas Code, Mechanical, and Plumbing, Chapter 1, Section 105 of the 1985 Standard Unsafe Abatement Code, Chapter 1, Section 106, 1994 Standard Housing Code, Chapter 1, Section 105, 1988 Standard Existing Building Code with 199-1994 revisions and adds Section 109 of Chapter 1, of the 1994 Southern Standard Swimming Pool Code. Section 6. Mechanical Code B. Section 15.08.020 of the Code of Ordinances of the City of Georgetown, Texas, and Section 104.7.1 of Chapter 1 of 1994 Standard Mechanical Code are hereby amended as follows: "A mechanical permit shall not be issued until all fees as set forth by the City Construction Codes Ord. No. Page 2 of 4 Council for the City of Georgetown, Texas have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid." C. Section 104.7.4 Schedule of Permit Fees shall be deleted in its entirety. D. Section 102.2 Employee qualifications of Chapter 1, Administration, of the 1994 Southern Standard Mechanical Code is hereby is deleted. Section 8. Plumbing Code B. Section 15.12.020 of the Code of Ordinances of the City of Georgetown, Texas and Section 104.7.1, Chapter 1 of the 1994 Southern Standard Plumber Code is amended to read as follows: "A plumbing permit shall not be issued until all fees as set forth by the City Council for the City of Georgetown, Texas have been paid in full. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems have been paid". C. Sec. 15.12.040 (B) of the Code of Ordinances shall be delated in its entirety. D. Sec. 104.7.4. Schedule of Permit Fees shall be deleted in its entirety. E. Section 102.2 Employee Qualifications of Chapter 1, Administration of the 1994 Southern Standard Plumbing Code is hereby deleted. F. Section 102.5, Liability, of Chapter 1- Administration, of the 1994 Southern Standard Plumbing Code is hereby deleted in its entirety. G. Section 103.2.1 of Chapter 1, Administration, of the 1994 Southern Standard Plumbing Code and is hereby deleted in its entirety. Section 9. National Electrical Code A. The 1993 National Electrical Code is hereby adopted by the City Council of the City of Georgetown and Chapter 15.16 of the Code of Ordinances of the City of Georgetown is hereby repealed and replaced with the attached Exhibit A. Section 12. Standard Unsafe Building Abatement Code 1985 Edition Construction Codes Ord. No. Page 3 of 4 Section 13. Existing Building Code B. Section 105, of Chapter 1 of the 1988 Southern Standard Existing Building Code with 1991-1994 revisions is hereby amended to read as follows: SECTION 3. The City Council has directed the Building Official to prepare a review of the newest updated versions of construction codes three years from the effective date of this ordinance. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this ordinance are hereby repealed, and no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of , 1995. ATTEST: THE CITY OF GEORGETOWN: A Sandra D. Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Construction Codes Ord. No. Page 4 of 4 Leo Wood, Mayor Exhibit "A" Chapter 15.16 ELECTRICAL CODE Sections: Article I. 15.16.010 Enforcement of Ordinance Provisions 15.16.020 Penalty for Violation of Ordinance 15.16.030 Licenses, Permits Required 15.16.040 Supervision of Placement Wires, Etc. 15.16.050 When Wire is to be Disconnected 15.16.060 Reserved Article II. 15.16.070 Definition 15.16.080 Application of Article Provisions to Military Personnel 15.16.090 Categories of Electricians 15.16.100 Supervision 15.16.110 Qualifications - Requirements for Licenses 15.16.120 Application for Licenses 15.16.130 Examinations of Electricians 15.16.140 Permanent Address 15.16.150 Fees 15.16.160 Issuance 15.16.170 Expiration 15.16.180 Renewal 15.16.190 Transfer 15.16.200 Reciprocal Licenses 15.16.210 Revocation of License 15.16.220 Probation, Suspension, Revocation 15.16.230 Hearing and Procedure 15.16.240 Automatic Suspension 15.16.250 Surrender and Return of License 15.16.260 Right of Appeal Article III. Permits and Inspections 15.16.270 Inspection Does Not Relieve Owner Responsibility 15.16.280 Permits Required 15.16.290 To Whom Permits Shall be Issued 15.16.300 Permit Fees 15.16.310 Issuance, Electrical Permit 15.16.320 Construction Power Service, General 15.16.330 Inspections 1 15.16.340 Work Not to be Concealed 15.16.350 Fuses, Breakers to be Installed for Final Inspection 15.16.360 Approval Tag 15.16.370 Defective Workmanship 15.16.380 Certificates of Inspection 15.16.390 Effect of Nonconforming Existing Work on Issuance of Certificates of Inspection 15.16.400 Refusal of Certificate of Inspection 15.16.410 Routine Inspection 15.16.420 Commercial Buildings --Raceways Article IV. Technical Provisions 15.16.430 1993 National Electrical Code 15.16.440 Services --Location 15.16.450 Service --Support 15.16.460 Service --Entrance 15.16.470 Service --Mast 15.16.480 Service Lateral 15.16.490 Services 15.16.500 Meters --Types 15.16.510 Meters --Installation 15.16.520 Circuit Wire Sizes, Copper 15.16.530 Aluminum Conductors 15.16.540 Installation of Outlets, Switches, Receptacle Boxes 15.16.550 Outlets --Residential 15.16.560 Grounding 15.16.570 Safeguards 15.16.580 Installation of Cabinets and Panel Requirements 15.16.590 Engineer Seal Required 0 2 Article 1. General 15.16.010 Enforcement of Ordinance Provisions The administration and enforcement of this ordinance shall primarily devolve upon the City Building Official or his/her representative. They shall have the right to inspect and enter upon all premises and surrounding property and the public as a whole when applying current state law allowing right of entry. The Police Department, City Electrical Department and the Fire Department shall also be charged with the enforcement of this ordinance and shall, so far as possible, act to enforce this ordinance. 15.16.020 Penalty for Violation of Ordinance Any person who shall violate any of the provisions of this ordinance or who shall fail to comply with the requirements of this ordinance, shall be deemed guilty of a misdemeanor. Each and every day's continuance of any violation of the provisions of this ordinance shall constitute and be deemed a separate offense. In case of any such corporation, the officers and agents, and person or persons actually performing the work for such corporation shall be subject to the penalties herein provided. Any person violating any provision of this ordinance or the 1993 National Electrical Code is subject to punishment as provided in Section 1.08.010 of the City of Georgetown Municipal Code. 15.16.030 Licenses. permits Required No person shall enter upon the erecting, construction, alteration or change of any electrical installation, work, wiring or fitting or electrical machinery covered by this ordinance until such person shall have first secured a Masters license and permit as required by this ordinance. 15.16.040 Supervision of Placement of Wires Etc The City Electrical Department or a regular franchised utility company, is hereby authorized, empowered, and directed to have general supervision over the placing, stringing or attaching of telegraph, telephone, electric light or other wires and cables, and the placing of all poles and appliances, within their own system, so as to prevent fires, accident or injury to persons or property, to cause all such wires and electric lights to be so placed, constructed, and guarded as not to cause fire, accident, or endanger the life or property of any inhabitant of the city; and all such lights and wires or electrical apparatus now existing, as well as those hereafter constructed and placed, shall be subject to such supervision. 15.16.050 When Wire is to be Disconnected - A. In time of fire, severe weather conditions, or other emergency, wherein the safety of lives or property may be endangered by the continued operation of electrical service wires or apparatus providing electrical current, such may be ordered disconnected by the City Electrical Department, the Mayor, the Fire Marshall, or the 3 Chief of Police. Any such order shall be binding on every person owning or controlling such wire or apparatus and such wires or apparatus as may be designated by any of the above authorized officials shall be promptly disconnected and left disconnected until authorization from the City Building Official or designee is given to the electrical utility company for reconnection. B. The City Utility Department shall request the electrical service to be disconnected from any building and/or premises, except private residences and/or apartment buildings used as residences, each time such buildings or premises have a change of occupants and shall not be reconnected until authorized by the City Building Official or designee. C. The City Utility Billing Department shall request the electrical service be disconnected or private residences and/or apartment buildings when the occupant or owner, or the City Building Official or designee requests such action. The utility company shall not again supply electricity to such residence and/or apartment building until authorized to do so by the City Building Official or designee. D. The owners and/or the new occupants of such disconnected buildings and/or premises shall make application to the City Building Official or designee for the inspection. The fee for such inspection shall be set by the City Council. The electrical inspector shall make the inspection as soon as practicable, exclusive of Saturdays, Sundays, and holidays, from the time such application is made. 15.16.060 Reserved ARTICLE II. Licenses Division A. Generally 15.16.070 Definition For the purpose of this article, the "Board" shall mean the Electrical Board Examiners of the City. 15.16.080 Application of Article Provisions to Military Personnel Any holder of any valid, unexpired electrical license issued by the City, under the terms of this ordinance who becomes, or has become a member of the Armed Forces of the United States of America, is hereby exempt from the payment of any renewal on their license so long as they remain in such armed forces, and for six months after their discharge therefrom. Any person coming under this section who shall make application to the City Building Official or designee for the same type of license held by him at the time he entered the armed forces within the six month period from discharge, shall be issued such license upon the payment of the renewal fee for the year such application is made. 15.16.090 Categories of Electricians An electrical license is required for each of the following categories of electricians and only those duties or tasks outlined thereof are authorized to be 0 performed by that licensee. A. Master Electrician The Master Electrician's license shall entitle the holder thereof to contract for and engage in the business of installing, erecting, or repairing electrical wires, conductors, devices, systems or instruments and construction according to this ordinance. The Master Electrician shall be entitled to employ Journeyman Electricians, Journeyman Electrician Restricted, and Apprentice Electricians in the performance of work for which their license authorizes them to do. He/she shall be required to pass an examination required for a Master Electrician. B. Journeyman Electrician A Journeyman Electrician's license shall entitle the holder to work as an electrician for and under the holder of a Master Electrician's license, according to the provisions of this ordinance. He/she shall be under the general supervision of a Master Electrician. He/she shall be required to pass an examination required for a Journeyman Electrician. C. Journeyman Electrician (Restricted) A Journeyman Electrician (Restricted) license shall entitle the holder to do work as an electrician for and under the holder of a Master Electrician's license according to the provisions of this ordinance as it applies to dwelling units only and further restricted to 115-230 volt, single phases service installations of 200 amperes or less. He/she shall be under the general supervision of a Master Electrician. He/she shall be required to pass an examination required for a Journeyman Electrician as it applies to dwelling units and 115-230 volt, single phase service installations of 200 amperes or less. D. Building Maintenance Electrician A Building Maintenance Electrician's license shall entitle the holder thereof to maintain and repair electrical installations in a particular building or buildings, for a designated employer according to the provisions of this ordinance, but shall not entitle him to otherwise engage himself as either a Master Electrician or Journeyman Electrician. The holder of a Building Maintenance Electrician's license shall be entitled to repair and maintain electrical wiring, apparatus, equipment, and machinery upon the premises specifically covered by his/her license, with such employers use or occupation of the premises or business conducted thereon. This will allow replacing equipment with like equipment but shall not allow performing work that requires a permit or produces additional load. He/she shall be required to pass an examination 5 required for a Building Maintenance Electrician. E. Apprentice Electrician The holder of an Apprentice Electrician license shall be entitled to engage himself in the employ of any holder of a Master Electrician license and shall work only under the direct supervision of a Master Electrician, Journeyman Electrician, or Journeyman Electrician (Restricted). The supervisor of an Apprentice Electrician shall be present at the job site with the Apprentice at all times. 15.16.100 Supervision A. All work shall be done under the general supervision of a licensed Master Electrician. B. No more than six Apprentice Electricians shall be supervised by the same supervisor at the same time. 15.16.110 Qualifications- Requirements for Licenses A. Master Electrician- Persons applying for a Master Electricians license shall be at least 21 years of age and shall be required to furnish suitable evidence showing the applicant has a total of six (6) years experience, three (3) years of such experience shall be as a Journeyman Electrician. Master Electricians shall be required to maintain a permanent mailing address and a working telephone answered by a competent person or an answering device which is checked daily. B. Journeyman Electrician- Persons applying for a Journeyman Electrician license shall be at least 18 years of age and shall be required to furnish suitable evidence showing the applicant has a total of four years experience. The time spent earning an associate degree of an electrical course at a state technical training school shall count as two years experience towards the four year requirement. A successfully completed four year apprentice program approved by the Department of Labor will also fulfill required qualifications. C. Journeyman Electrician (Restricted)- Persons applying for a Journeyman Electrician (Restricted) license shall be at least 18 years of age and shall be required to furnish evidence of two years qualification as an Apprentice Electrician. D. Building Maintenance Electrician- Persons applying for a Building Maintenance Electrician license shall be required to furnish the same evidence of qualifications as a Journeyman Electrician. E. Apprentice Electrician- Persons applying for an Apprentice Electrician license need only complete an application and pay fees. 0 6 15.16.120 Application for Licenses A. Every application for an original license or any character of renewal license shall be made upon a form furnished by the City Building Official or designee with an application fee of $10.00 to be paid. B. Every application for any of such licenses shall state the full name, date of birth, weight, height, color of eyes, color of hair, sex, residence address, business address, and TX Driver's License number of the applicant. Every original application for a license shall specify the experience of the applicant and shall state whether the applicant has been licensed as an electrician, and if so, when and by what state, country, or city; whether any such license has ever been suspended or revoked; whether an application has ever been refused and if so, the date and reason for such suspension; revocation or refusal. C. Any applicant for a renewal Master Electrician's license may elect to apply for an inactive Master Electrician's license. An inactive Master Electrician may not secure permits to preform electrical contracting work. However, an inactive Master Electrician licensed under this chapter may be licensed as a Master Electrician upon payment of the Master Electrician's renewal fee for current year at time of renewal. This clause would lapse after (5) five years unless this applicant can show proof of continued work in this field. 15.16.130 Examinations of Electricians (A) An examination for a master's license shall be of such a nature as to show the applicant's satisfactory knowledge of the current 1993 National Electrical Code, and its amendments and other recognized requirements pertaining to electrical work, and his/her ability to correctly diagram and to instruct other persons in the making of practical electrical installations with correct sizes and values of required materials and devices. (B) An examination for any other category of license shall be of a such a nature as to show the applicant's satisfactory ability to follow written and verbal instructions and satisfactory knowledge of the 1993 National Electrical Code, as adopted, and recognized requirements pertaining to electrical work he/she is required to perform under the license sought. (C) If the applicant desires to do electrical work only in a restricted field provided for in this chapter, he/she shall be required to pass a special examination applicable only to that restricted field. (D) Examinations for license shall be held in an area approved by Southern Building Code Congress International "SBCCI". (E) The Electrical Board shall approve the type of examination given and shall be satisfied that every applicant for a license is qualified for an examination and licensing. All applications for examinations shall be filed with the City Building Official or designee at least 10 days prior to the date of examination. (F) Re-examinations are set by SBCCI while meeting the local requirements. 15.16.140 Permanent Address Each holder of an electrical license of any class issued by the City under the provisions of this article shall furnish the City Building Official or designee with his/her current mailing address. Licensee shall also provide any changes to his/her address within 30 days of such changes. 15.16.150 Fees Licenses to be issued under the provisions of this article shall be issued only after the payment and collection of the following fees: CLASS Master Electrician Journeyman Electrician Journeyman Electrician (Restricted) Building Maintenance Electrician Apprentice Electrician Master Electrician (Inactive) 15.16.160 Issuance ORIGINAL RENEWAL $200.00 $75.00 10.00 5.00 10.00 5.00 10.00 5.00 2.50 2.50 10.00 When an applicant for a license has fully complied with all provisions of this article, the Electrical Board shall cause to be issued to such applicant the license applied for. Applicant shall be required to have his/her license in his/her possession while on the job. 15.16.170 Expiration Every license issued under the provisions of this article shall expire on the st day of December following the day of issuance. 15.16.180 Renewal Each licensee under the provisions of this article shall be entitled to renew his/her license upon the payment of the renewal fee set forth in 15.160.150, provided such payment is made on or before the expiration date. A. If a licensee permits his/her license to expire, he may renew his/her license within six months of expiration, by paying the amount of an original license fee. B. If a licensee is not renewed within six months of the expiration date, an amount equal to the sum of an examination fee, plus an original license fee shall be required to be paid and the license shall be re -tested. C. If a license is not renewed within one year of expiration date, the licensee shall be required to retest with all applicable fees. D. Reciprocal licensing has the same requirements for renewal as Paragraphs A & B above. If license is not renewed within one year of the expiration date, the original licensing requirements will apply and the provisions of 15.16.200 will apply. 15.16.190 Transfer It shall be unlawful for any person to transfer his/her electricians license or to allow the use of this license directly or indirectly by another person for the purpose of obtaining a permit to do electrical work. It shall also be unlawful for any person not holding a license to use the license of another for purpose of doing electrical work or securing a permit to do electrical work. 15.16.200 Reciprocal Licenses Electricians holding a currently valid license issued by another city located within the State of Texas may apply for and receive a similar license from the City of Georgetown, Texas without taking an examination, provided the following conditions are fully complied with- 1 . Such electrician shall submit an application for a reciprocal license and shall submit evidence satisfactory to the secretary of the Electrical Examiners Board of the City of Georgetown, Texas, that his/her electrician's license was issued by and from another city within the State of Texas, and that such electrician presently and properly holds a current valid electrician's license from and by such city, and further, that the city which issued said electrician's license does and is, as an act of mutual reciprocity, under said other cities ordinances, honor and accept electrician's licenses issued by the City of Georgetown, Texas, and does permit, and is permitting, such electricians licensed by the City of Georgetown, Texas, to apply for and obtain similar electrician's licenses and in fact, does perform electrical work within the city limits of said other city of the State of Texas. Applicants shall furnish evidence from the issuing City that the license is valid and applicant is not and has not ever been the subject of a revocation, denial or suspension. The City of Georgetown will not issue a reciprocal license to an applicant unless he/she holds a current valid license issued originally by a city meeting 0 the requirements stated in this ordinance for a reciprocal agreement with the City of Georgetown, Texas. Applicants must have been licensed with that city for a period of one year and passed a SBCCI Texas Standard Electrical Examination. 2. Such electrician licensed by another city shall pay the fee required for licensing under the electrical ordinance of the City of Georgetown, and said electrician shall comply with all other requirements of said electrical ordinance, save and except, that such electrician shall not be required to take any type of examination. 3. The City Building Official or designee of the City of Georgetown, Texas, shall keep an accurate and current record of the names of all cities with which Georgetown, Texas, reciprocates. 4. The word "reciprocal" shall appear on all licenses issued under provisions set forth in this section. 15.16.210 Revocation of License A. An electrical license of any class issued by the City under the provisions of this ordinance may be suspended or revoked upon the unanimous decision of the Electrical Board. B. Licenses may be suspended or revoked should the holder violate any provisions of the 1993 National Electrical Code, State Law or City Ordinance or regulation relating to or governing electrical wiring, repairing or construction. In the event termination of a suspension or revocation of an electrical license should fall within the next licensing year, the electrician shall be required to pay for that new licensing year in full. C. No license shall be suspended or revoked unless the license shall have been given an opportunity to appear and be heard by the Board. The licensee shall have at least ten (10) days written notice specifying the reason(s) for suspension or revocation. D. Certain Acts Prohibited It shall be a violation of this Code for any person- a. To display, permit to be displayed or to have in one's possession, any instrument supporting to be a license issued pursuant to this Code, knowing such instrument to be fictitious, cancelled, suspended or altered. b. To knowingly lend, transfer or permit the use of any license for the purpose 10 of performing or obtaining a permit for electrical work, to any person not entitled thereto under the provisions of this Code. C. To fail or refuse to surrender to the City Building Official or designee, on demand, an electrician's license which has been suspended or cancelled as provided by law. d. To apply for, or have in one's possession, more than one (1) current license of the same type provided for in this Code. e. To use a false or fictitious name or address in any license application, renewal, or duplicate request, or knowingly make a false statement, conceal a material fact or otherwise commit fraud in making said application, renewal or duplicate request. f. To employ as a Master, Journeyman, or Apprentice Electrician any person not then licensed as provided in this Code. g. To perform any electrical work requiring a license, without said license or while said license is suspended or cancelled. h. To perform electrical work in any manner in violation of any restrictions imposed on a licensee. i. To perform electrical work as a Journeyman or Apprentice Electrician on a job while not in the employ of the Master Electrician of record of said job. j. To fail to request a final inspection upon completion of all electrical wiring and installation requiring a permit. 15.16.220 Probation. Suspension, Revocation a. The Board may place a licensee on probation or suspend any electricians license issued by the Board for a periods of not more than one (1) year, or revoke said license, after determining at a proper hearing, as set out in this section, that the licensee has violated any provision of this Code, state law, City Ordinance or regulation relating to or governing electrical wiring, repairing or construction, including, but not limited to: 1. Permitting an unlawful or fraudulent use of said license. 2. Habitually violating this Code. (Habitual shall mean three (3) or more separate violations within a one year period.) 3. Failing or refusing to make corrections necessary to cure defects in electrical work performed in violation of this Code. 0 11 4. Performing any electrical work in violation of this Code or the 1993 National Electrical Code which is found to be the cause or a contributing cause of a fire, whether or not there is any actual damage or loss. 5. Performing any electrical work in violation of any restrictions imposed on a license. (b) If a licensee who has been placed on probation by the Board shall violate any of the provisions contemplated above while serving said probationary period, then said licensee shall have his/her license automatically suspended pursuant to 16.15.240 below. 15.16.230 Hearing and Procedure A. In determining charges pursuant to section D the Board shall proceed upon a sworn complaint furnished it by the City Official, or by any person aggrieved by the action (s) of an electrician in the performance of electrical work for which an electrical permit is required by this Code. B. Complaints shall be in writing and verified by the person familiar with the facts therein. Three (3) copies of the same shall be filed with the City Secretary who shall retain one (1) copy for the official records of the city shall convey two (2) copies to the Board. C. The Board, if it deems the information sufficient to support further action on its part, shall order a hearing which shall be open to the public. D. A copy of the order and complaint shall be served upon the accused by registered mail no less than ten (10) days before the scheduled date of the hearing. E. The accused shall appear in person, by counsel, or both, at the time and place named in the order and make his defense to the same. The City Attorney and the accused shall be entitled to present evidence and argument at said hearing. F. If the accused fails or refuses to appear at said hearing, the Board may proceed to hear and determine the charges in his/her absence. G. If the accused admits the truth of the charges, and the Board by vote of four (4) or more of its members shall find them to be true, it may enter an order suspending the license of said electrician. H. The Board shall have the power, through its chairman or secretary, to administer oaths and to compel the attendance of witnesses before it by subpoena issued over the signature of the chairman. 0 I. When the Board has completed said hearing and made its decision, it shall 12 cause one (1) copy of its decision to be filed with the City Building Official or designee, one (1) copy with the City Attorney and cause a certified copy thereof to be forwarded to the affected license holder. 15.16.240 Automatic Suspension Notwithstanding, Complete sections 15.16.040, through 15.16.210 above. (a) The license of any person shall be automatically suspended upon determination by the Board that said licensee has committed any of the following offenses: (1) Taking out a permit in the name of person authorized to do the electrical work and thereafter permitting a person not authorized by this Code to perform the electrical work. (2) Tampering with, diverting from or in any way interfering with the proper action or registration of any electric meter. (3) Violating any provision of this Code, State law, City Ordinance or regulation relating to or governing electrical wiring, repairing, or construction while on probation imposed by the Board. (b) Suspension provided for in this Code shall in the first instance be for a period of six (6) months. For subsequent offenses said suspension shall be for a period of one (1) year. (c) The suspension of any license shall be automatically extended for a like period as the original suspension upon a final determination by the Board that a licensee has been performing electrical work while his/her license is suspended. Said suspension extension shall be in addition to any other penalty assessed, as provided in this Code. (d) Automatic suspensions are appealable in accordance with section 15.16.260 below. 15.16.250 Surrender and Return of License Any license which has been suspended pursuant to this Code shall be surrendered to and retained by the City Building Official or designee. At the end of the period of suspension, the surrendered license shall be returned to the licensee and be valid under the provisions in this Code, provided: (a) no further violations of this Code are committed by licensee during the 13 suspension period; and (b) if the period of suspension extends beyond the normal expiration date of said license, the licensee has paid all license fees and/or posted all surety bonds in accordance with this Code. 15.16.260 Right of Appeal Any person denied a license or whose license has been suspended or revoked by the Board, shall have the right to request a hearing before the City Council. Said request must be filed within ten (10) days of receipt of said denial, suspension or revocation specifying the reason(s) therefor. The City Council shall set the matter for hearing upon fourteen (14) days written notice to the aggrieved person. The City Council shall determine, whether in accordance with the provisions of this Code, there is substantial evidence to support the Board's decision. ARTICLE III. Permits and Inspections 15.16.270 Inspection Does Not Relieve Owner Responsibility This article shall not be construed to relieve from or lesson the responsibilities of any person who owns, operates, or installs electrical wires, appliances, apparatus construction, or equipment for the damage to property or persons, injured by any defect therein nor shall the City or any agent thereof be deemed to assume any such liability by reason of the inspection authorized herein or the certificate of inspection issued by the City Building Official or designee. 15.16.280 Permits Required (A) No person shall commence the erection, construction, alteration or change of any electrical installation, machinery, apparatus, work or wiring in the City until a permit has been issued by the City Building Official or designee covering each installation to be made. When a service of 110 amperes demand or more is required, a wiring diagram showing feeder details may be required and approved by the City Building Official or designee before a permit will be granted. (B) When any wiring or apparatus is installed in such a manner that the same could be used for electric light or power purposes, it shall be deemed that the wiring or apparatus is used for such purposes and permit shall be required and inspection made as provided for such purpose. (C) It shall be unlawful for the City Electric Department to do any wiring of any nature in or on any building, except power houses and substations of electric light, 14 heat and power companies operating under a franchise granted by the City, for which a permit has not been issued, or to make any electrical connections to any building or electrical wiring or apparatus until a certificate of inspection or written statement authorizing connection has been issued by the City Building Official or designee. All persons operating under a regular franchise granted by the City shall, upon written notice by the City Building Official or designee, disconnect any circuit, main service wires, branch feeder wires, or distribution system, as designated by such notice, and shall not reconnect such installation except upon written permission from the City Building Official or designee. A No permit shall be required for the installation of wires to operate telephone, telegraph or district messenger services. 15.16.290 To Whom Permits Shall Be Issued Permits required by the provisions of this article shall be issued only to those persons who have secured a Master Electrician's License or his/her representative under the provisions of this ordinance or to a person whose home is owned and occupied by him/her. 15.16.300 Permit Fees (A) Permit fees for Electrical work shall be set forth by the City Building Official or designee and adopted by the City Council. (B) In case any work, for which a permit is required by this chapter, is started prior to obtaining said permit, the fee above specified shall be doubled. The payment of such doubled fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of work nor from other penalties prescribed herein. 15.16.310 Issuance, Electrical Permit The City Building Official or designee shall issue an electrical permit showing the permit number, the building or house number, and the name of the contractor. 15.16.320 Construction Power Service General Construction power services shall be authorized for a period of time necessary for completion, final inspection, and testing of the building or structure's electrical system. This service is not to exceed six months for dwelling unit or one year for commercial or institutional occupancies. An extension may be granted by the City Building Official or designee for up to three months on dwelling unit construction sites and six months on commercial or industrial sites. Construction power service can be 0 15 ordered disconnected at any time by the City Building Official or designee when the installation is declared unsafe or construction work ceases for a period of one month. Reconnection of construction service thus ordered shall not be reconnected until approved by the City Building Official or designee and a renewal fee is paid to the City utility department. (A) Temporary Construction Power Poles A temporary construction power pole shall be authorized to service not more than one construction site and only when the following requirements are met- (1) The responsible contractor applies for service at the City Utility Office; furnishes the assigned address for the site involved; certifies that a temporary metered construction power pole meeting city standards has been erected on the site within 60 feet of utility pole which is capable of providing the service; and the site has been marked with an address -sign clearly visible from the street. (2) The temporary power pole is to be constructed as per drawing E- 03, of the City of Georgetown Construction Standards and Specifications. See attached "A". Pole shall be long enough in length to be a minimum of 12 to 14 feet above grade after installation. Pole shall be set in the earth, as per attachment "A", and shall be guyed to withstand lateral pressures of the service under normal weather and wind conditions and will provide a 12' clearance over driveways and a 18' clearance over public streets. (3) The temporary power pole shall be grounded as per City of Georgetown requirements and have a metered service of sufficient size to meet the construction needs. Receptacle outlets shall be protected by G.F.C. over current devices compatible with the outlets and all 120 volt single phase outlets protected for human safety, as required by updated approved version. (B) Permanent Construction Service Permanent construction service may be authorized for a building or structure under construction provided that: (1) The permanent service equipment has been installed and the building is dried -in. (2) The service disconnect and service grounding system has been completed. (3) All construction feeders and branch circuits to be activated are installed and properly safe -guarded from electrical shock and 0 16 overload. (4) A notice is posted on the main disconnect and all activated main and sub -panels indicating they are in-service and are not to be opened except by the responsible electrical contractor. (5) The system has been inspected and approved by the City Building Official or designee. Permanent construction service will be required on the building or structure prior to final inspection and certification and certification by the City Building Official or designee. 15.16.330 Inspections Inspections by the City Building Official or designee shall be requested by the person performing electrical work for which a permit has been issued. The electrical inspector shall make the inspection as soon as practicable exclusive of Saturdays, Sundays, and holidays. The electrical contractor or the Master Electrician responsible my be required to be present at the construction site during the final inspection. 15.16.340 Work Not to be Concealed Work will not be concealed until inspected and approval given of such work by the City Building Official. 15.16.350 Fuses. Breakers to be Installed for Final Inspection The fuses in the main disconnect switch or the breaker shall be in place when the City Building Official or designee makes the final inspection of the electrical work. 15.16.360 Approval Tag After inspecting any electrical wiring, the City Building Official or designee shall leave notice in the form of a tag or label attached to the service entrance switch, which such notice shall clearly state whether the wiring is approved or is to be kept open for correction. No work shall be concealed until approved 15.16.370 Defective Workmanship Any person engaged in the business of electrical construction or the installation of wiring or apparatus for electric light or power in the City who shall fail to correct any 17 defect or defects in any work done by him after having been notified of such defect or defects by the City Building Official or designee and given a specified period of time within which to make such correction and fails or refuses within such time to correct such defect or defects in conformity with this ordinance or the lawful orders of the City Building Official or designee, shall not be issued any further permits until such defect or defects have been corrected. On any case in which any person shall continue to or persistently violate the provisions of this ordinance or the orders of the City Building Official or designee in relation to the same, the license of such person may be suspended or revoked upon recommendation by the Board. 15.16.380 Certificates of Inspection On the satisfactory completion of the work covered by a permit in accordance with all ordinances and laws, the City Building Official or designee shall issue a certificate of inspection. The certificate of inspection shall certify that the work is in accordance with the rules governing the respective class to which it belongs. 15.16.390 Effect of Nonconformina Existing Work on Issuance of Certificate of Inspection Where a permit is issued for an addition to existing work, wherein the new work is satisfactorily completed, but the existing work to which it is connected does not conform to the rules laid down by this ordinance, the City Building Official or designee shall issue a written statement to the effect that the new work complies with the rules, but that a certificate cannot be issued because the entire electrical system, of which the existing work is a part, does not comply with the provisions of this ordinance. This statement shall constitute notice to the owner or other interested party that the entire installation does not comply with the provisions of this ordinance and shall itemize the violations of this chapter which prevents the issuance of a completion certificate. 15.16.400 Refusal of Certificate of Inspection The City Building Official or designee is hereby given the authority to refuse to issue a certificate of inspection for any addition, or extension to any electrical wiring in or on any building wherein it is determined that the wiring is in an unsafe condition. The City Building Official or designee shall refuse to issue a Certificate of Inspection and no electric light and power company shall connect electrical current to the same if any violations of this ordinance exist. 15.16.410 Routine Inspection It shall be the duty of the City Building Official or designee to inspect all electrical wiring and apparatus in the city at any time in order to ascertain whether such electrical wiring or apparatus is in any respect dangerous to life or property; and, 18 if any part of such electrical wiring or apparatus shall be found to be in a defective or dangerous condition, the City Building Official or designee shall have the authority to take whatever action is necessary for safety of life and property. City Building Official or designee shall notify the property owner or tenant within a reasonable time of any defect and/or action taken . If the owner of such defective wiring or equipment shall refuse or fail to comply with this requirement, he/she shall be held to be in direct violation of this ordinance. 15.16.420 Commercial Buildings --Raceways (A) All commercial buildings, shall be wired in raceways, (B) All existing commercial buildings and those buildings used as residential -use buildings and there after converted to commercial usage, the requirement for the installation of raceway will be determined on a case by case basis by the City Building Official or designee and/or Electrical Examiners Board. ARTICLE IV. Technical Provisions 15.16.430 1993 National Electrical Code The governing edition of the 1993 National Electrical Code shall be that edition accepted by an adopting Ordinance approved by the Electrical Examiners Board and enacted by the City Council for the City of Georgetown. In the installation, construction, erection, repair, and maintenance of all electrical wiring and apparatus, the rules and the requirements of the 1993 National Electric Code, as published by the National Fire Protection Association, together with such requirements and rules as are provided herein, shall be complied with and become a part of this Code. In the event of any conflict between the provisions of this ordinance and the National Electrical Code, the more stringent of the two Codes, as interpreted by the City Building Official or designee, shall prevail. 15.16.440 Services --Location All service entrance wires into a building shall be located at a point on the building specified by the city Electrical Department. Where practical, all service conduits shall be extended through the outside building wall on a street or alley side at such point as will avoid open service wires being placed over roofs or through courts, light and ventilating shafts, and over adjoining property. 19 15.16.450 Service --Support Where service wires enter a building through stucco, tiles, brick or other masonry walls, substantial support for the service wires must be provided, such support to consist of not less than one 5/8 inch galvanized bolt and shall be installed by the contractor during the construction of the supporting wall and the location of same shall be designated by the city Electrical Department. Where service wires enter a building through other type walls, substantial support for the service must be provided, such support to consist of an approved one point terminal insulator of sufficient size to support the service for the distance and size wire involved, bolted through a major structural member of the building or structure and installed prior to the electrical rough -in inspection by the contractor. 15.16.460 Service --Entrance All service entrance wires making overhead entrances into buildings shall be carried in metal conduit with weatherproof service head, and the conduit shall be brought from the entrance to the fuse switch or breaker. The service entrance to the service switch cabinet shall be as short as possible, but in no case greater than three feet within the building without the special permission form the City Building Official or designee. Length of outside service wire extension beyond service head shall not be less than two feet. 15.16.470 Service --Mast A service mast is a service which penetrates a roof or supports a service drop. Wherever a service mast is used, rigid metal conduit or intermediate conduit shall be required. There shall be a continuous conduit above the lowest point of the roof line. All service mast fittings required for a weather proof installation shall be properly installed as required by the City Building Official or designee. 15.16.480 Service Lateral (A) Underground primary service conductors shall be run in 2 inch schedule 40 PVC conduit or better. This conduit shall be placed on top of sand backfill four inches deep (minimum) covered with two inches (minimum) of sand in a trench 36 inches deep (minimum). The trench shall then be filled to grade with select backfill as required by the City Building Inspection Department or City Electrical Department. (B) Where a primary service lateral conduit crosses over or under another utility line, a two inch thick concrete cap shall be poured over the sand bedding encasing the conduit. this concrete cap shall extend one foot, 0 20 six inches in each direction past the crossover point. (C) No primary service lateral shall be installed less than three feet from any wastewater main when run parallel to the wastewater main. (D) Any service conduit that will be under a driveway slab, shall be encased in four inch PVC Schedule 40 piping or better. (E) Conduit trenches shall be left open until they are inspected and approved by the City Building Inspection Department or the City Electrical Department. 15.16.490 Services (A) Single Occupancy: Less than 1000 Amps If a building is to house only one occupant then a single current limiting service disconnect shall be installed outside or inside of the primary disconnect panel. A Single Occupancy, 1000 Amps or More If a building is to house only one occupant, has a total service entrance capacity of 1000 amps or more, and arrangements have been made with the power supplier for the installation of a three-phase padmounted transformer, then multiple service current limiting disconnecting means may be installed, with special permission from the Electrical Examiners Board, at one location outside the building, up to a maximum number of six (6) disconnects. Furthermore, the service disconnecting means may be installed inside the building on the ground floor, In this case, the disconnects shall be located no more than twenty-four (24) inches from the point of the Service Conductors, direct access shall be provided within ten (10) feet of the disconnects from outside the building, and doors leading to the disconnects shall be secured by only a padlock and hasp. Persons wishing to invoke this exception must appear before the Board to defend their purposes for doing so. (C) Multiple Occupancies If a building is to house more than one occupant, each one being individually metered through a separate set of service conductors, then each separate occupant space shall have a single separate current limiting service disconnection means outside the building. Each disconnect is to be housed in its own enclosure, with its own independent handle outside of its enclosure. Each meter shall be considered as a separate occupant. (D) Article 230-71, National Electrical Code, 1993 Edition, is hereby amended by deleting paragraph (a) and substituting the following: (1) General -Maximum Number of Disconnects 21 (Six Hand Rule) Je, APTS. The service disconnecting means for each building permitted by Section 230-2 as amended herein shall consist of not more than six (6) occupants in a building, provisions must be made not to exceed six (6) disconnecting means outside the building in order that the building may be completely de -energized in six (6) throws or less. In buildings planned to house more than six (6) occupants, this rule shall be adhered to by installing a single service disconnect on the source side of the multiple meters. (Note: Speculative buildings built to house an unknown number of occupants will be considered as being planned to house more than six.) All materials and construction shall meet the standards of the City of Georgetown, Texas. 15.16.500 Meters --Types The City Electric Department shall determine the type of metering and its location. 15.16.510 Meters --Installation (A) The meter shall be installed outside the building unless special permission is granted by the City Electrical Department. (B) Under no circumstances shall any meter be moved or relocated unless authorization is given by employees of the City Electrical Department. (C) The meter shall be placed between (5) five feet and (6) six feet above the finished grade measured to center of meter can. The City Electrical Department will furnish the meter can, but the contractor shall install them. If the height exceeds 6' special permission is required by the City Electrical Department. 15.16.520 Circuit Wire Sizes, Copper (A) Wire of size not smaller than No. 12 AWG shall be used for lighting distribution circuits from panels to outlets except as provided herein after. (B) In residential installations No. 14 AWG wire may be used for switch legs serving not more than 600 watts. All utility outlets shall be minimum No. 12 AWG. (C) Control wiring maybe No. 14 AWG wire and must be fused by for not more than 15 amperes. 0 22 15.16.530 Aluminum Conductors Aluminum and copper -clad aluminum conductors of sizes smaller than No. 6 AWG shall not be used. Aluminum and copper -clad aluminum conductors of sizes No. 6 AWG and larger may be used with approved devices and terminals provided suitable oxidation inhibitors are used on all terminals and splices are made as specified in a UL listing for the device being used. 15.16.540 Installation of outlets Switches, Receptacle Boxes (A) All lighting outlets, switches, and receptacle boxes shall be rigidly attached to the wood, steel, or masonry framing of the building. (B) All outlet and switch devices installed that are 20A or less in circuits shall be U.L approved and shall be installed by screw type terminations which are made up tight. 15.16.550 Outlets --Residential (A) For general wiring of dwellings restricted to residential use, including apartments, hotels and motels, not more than ten (10) outlets shall be permitted on any one (1) branch circuit. (B) Small appliance branch circuits are limited to the following receptacle outlets: (no lights).- -Kitchen (refrigerator) circuit #1 2 outlets -Additional kitchen circuit(s) 4 outlets -All other small appliance circuits 4 outlets serving pantry, breakfast room, dining room and all food preparation areas -All general purpose circuit(s) (including Lights) 10 outlets 15.16.560 Grounding The grounding and bonding methods shall comply with Article 250-80 and 250- 81 of the current 1993 National Electrical Code and as specified by this section for each service installed, including but not limited to; (A) An underground metallic water pipe shall not be used as the only 23 grounding electrode for a service; (B) Primary Electrode: Due to the amount of rock in the Georgetown area, , Article 250-81(c), Concrete -Encased Electrode shall apply to that of all new construction within the corporate city limits and the ETJ areas where the City of Georgetown supplies and inspects for Electrical service installations, (C) The grounding and bonding systems for the new construction of Commercial and metal or steel structures shall meet the requirements of the most current 1993 National Electrical Code and those as specified here -in; (D) No gas piping shall be permitted to be used for grounding purposes; (E) For that of existing structures where the encasement of the primary electrode in concrete is not feasible for a service up -grade, changeout, repair, or addition of services, at least one (1) grounding electrode of the type specified in Article 250-81 and/or 250-83 of the most current 1993 National Electrical Code as adopted shall apply; (F) The interior metal water piping system shall be bonded to the service grounding system with a conductor as per the most current adopted 1993 National Electrical Code, the point of attachment shall be accessible. This requirement shall apply to both new construction and up -grade, changeout, repair, or addition of services of existing structures. 15.16.570 Safeguards (A) Color coding of conductors: (1) Single Phase 120/240 Volt System Phase: A Black B Red Neutral White (2) Three Phase 120/240 Volt center tap Delta System. Phase: A Black B Red C Orange (high leg) 24 Neutral White (3) Three Phase 480 Volt Delta System Phase: A Brown B Yellow C Purple (4) Three Phase 120/208 Volt WYE System Phase: A Black B Red C Blue Neutral White (5) Three Phase 277/480 Volt WYE System Phase: A Brown B Yellow C Purple Neutral Natural Gray (B) Article 604, National Electrical Code, 1993 Edition, is hereby amended by adding Section 8 which shall read as follows: 604-8 Color Code (Manufactured Wiring System) All manufactured wiring systems shall be color coded according to this section. Terminal Blocks are to be used in the connection of conductors within gutters. (C) Article 605, National Electrical Code, 1993 Edition, is hereby amended by adding Section 9 which shall read as follows: 605-9 Color Code (Office Furnishing Partition Systems) All office furnishing partition systems shall have their internal wiring system color coded according to this section. 15.16.580 Installation of Cabinets and Panel Requirements (A) All main and branch circuit panels shall be attached to wall or panel mountings with screws, studs, or toggle bolts. (B) All panels installed for electrical disconnecting means shall be installed with spare spaces and raceways for future use: 25 (1) For each panel in residential buildings, a minimum of one (1) spare one -inch raceway shall be installed from the panel to an accessible location in the attic or crawlspace for recessed panels only. All disconnect panels installed in residential occupancies must be large enough to accommodate the present load requirements and have at least three (3) spare circuits for future use. (2) For each panel installed in commercial buildings, the requirements for that of paragraph (1) of this section shall apply, except that all disconnect panels installed in commercial occupancies shall provide at least four (4) spare circuits for future use. 15.16.590 Engineer Seal Required In accordance with the Texas Engineering Practice Act, all drawings pertaining to non -dwelling construction projects of five thousand (5,000) square feet or more shall bear the seal of an engineer registered in the State of Texas. The Chief Electrical Inspector is hereby authorized to require at his/her discretion, said seal to be placed upon drawings for non -dwelling construction projects of lessor square footage. 0 26 ATTACHMENT A f 0 N JANUARY 1995 SCALE: N.T.S. x N �1 V I [4 �nnART THIS SUPPORT SHALL BE ALIGNED IN DIRECTION OF SERVICE PULL n v I to Inn^nr 4 X 4 POST nt A wI X /IMAI 3 - 2 X 4 SUPPORT ® 1:2 SLOPE (TYP) -3 - 2 X 4 ANCHOR (TYP) STAKE, NAILED TO 2 X 4 SUPPORT, 3 FRAMING NAILS � MINIMUM. = OF GMR(G=W TEMPORARY SERVICE POLE COMMUNITY OWNED UT1U11ES CONSTRUCTION STANDARDS AND DETAILS DWG. i E-03 E03.DWG o� { Council meeting February 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and second reading of an ordinance amending the Zoning Ordinance to include model homes and construction offices as specially permitted and restricted uses. ITEM SUMMARY: Based upon the City Council's discussion at the September 26, 1995 workshop, staff drafted regulations for model homes and construction oversight offices which limited the location of model homes to the legal subdivision for which lots are being sold and restricted the marketing of homes to only those in that subdivision. The proposed standards also addressed the length of the permit, construction and signage, noise, lighting, traffic and other issues. The Planning and Zoning Commission reviewed the proposed ordinance language at their November 7, 1995 meeting and scheduled a public hearing for December 51 1995. Prior to the public hearing, notification letters were mailed to thirty-three (33) area builders and to Thomas Casey, of the Thousand Oaks neighborhood. In addition, a newspaper notice of the public hearing was published in the Williamson County Sun and copies of the proposed regulations were made available to the public. Mr. Jim Stendebach, AICP, of Stendebach and Associates, spoke at the public hearing representing home builder John Gavurnik. His comments expressed the concern that the proposed regulations would be too restrictive for the marketing of homes and he provided several examples. The Planning and Zoning Commission requested that some modifications to the language in the proposed regulations be prepared for their consideration at their January 2, 1996 meeting. Mr. Stendebach submitted his suggested modifications in a December 19, 1995 letter and they were presented to the Commission at their January meeting. The Commission agreed with the modifications, which relax the standards for requiring model homes to be located only within the legal subdivision for which lots are being sold and the restriction on the marketing of homes to only lots in the subdivision where the model is located. They requested staff to work with Mr. Stendebach to incorporate the modifications into the proposed regulations for submittal to the City Council. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None COMMENTS: The City Council approved the first reading of this ordinance at the January 23, 1996 meeting. ATTACHMENTS: comment letters received from Jim Stendebach, Ordinance Submitted B . Edward arry, AICP - irector Divisio of Developmen Services Cly e von Rosenberg, AI P Chief Planner, Long R e Planning STENDEBACH & ASSOCIATES, INC. PLANNING AND DEVELOPMENT CONSULTANTS December 7, 1995 P. Weyrauch, Chairman Planning and Zoning Commission City of Georgetown 101 East 7th Street Georgetown, Texas RE: Agenda Item 9 (Model Home Standards) Dear Chairman Weyrauch: By Hand While we understand the objective of the proposed regulations for model homes we believe them to be too restrictive when considering the ongoing development of a subdivision. We have the following comments: 1.) The restriction which would require model homes to be located only within the legal subdivision in which they are marketing homes can be overly restrictive because the model home is often located at the entrance of a phased development. The continued use of the original models limits traffic through the subdivision, and the model is on the ground before the area has residents. We agree that a new model home should not be introduced into an existing neighborhood but feel that the regulations could in fact increase conflicts by moving the model as a phased development proceeds. The restriction which would disallow marketing homes in another subdivision can also create problems for builders who construct homes in several subdivisions. We feel that a home purchaser should be able to choose a lot in any of the subdivisions as long as the subdivisions where the model is located is being actively developed. We agree that once a particular neighborhood has been completed the model should be closed but a transition period should be allowed. (For example, a model home could not continue to be used as a model for more than six months following the build out of the subdivision. 2.) What will be the conditions of approval of a conditional certificate of occupancy permit? The requirements to renew the permit annually need to be clear. Builders want some certainty that they can continue to operate a model home until a development is build out. 11782 Jollyville Road • Suite 103 • Austin, Texas 78759 • (512) 2194041 • FAX (512) 2194042 The following examples would apply to Parkview Estates and Katy Crossing subdivision: 1.) Gavurnik Homes currently building homes in Parkview Estates and is in the process of developing a new subdivision named Katy Crossing which will be a phased development. The proposed regulations would prohibit them from marketing homes in Katy Crossing from his existing model in Parkview Estates during the transition period when he is still developing in Parkview Estates and before a model is constructed in Katy Crossing. We believe that such marketing should be allowed for a limited transition period. 2.) Model homes will be build at the entrance to Katy Crossing. Because Katy Crossing will be a phased development, the currently drafted regulations would prohibit the continued use of the model homes to market in future phases. We believe the continued use for future phases would be less disruptive to the neighborhood because it would introduce less traffic into the neighborhood and the location of the existing model would be known to residents when they move to the neighborhood. In summary, we request an opportunity to meet with staff to discuss modifications to paragraphs 1 and 2, which would allow some flexibility while ensuring that the intent of the amendment is met, prior to the Planning and Zoning Commission taking any action on this matter. Thank you. Sincerely, STENDEBACH & ASSOCIATES, INC. J. Stendebach, AICP 12.de6weyriuch 11782 Jollyville Road • Suite 103 • Austin, Texas 78759 • (512) 2194041 • FAX (512) 2194042 STENDEBACH & ASSOCIATES, INC. PLANNING AND DEVELOPMENT CONSULTANTS December 19, 1995 Mr. Clyde von Rosenberg Chief Planner Long Range Planning City of Georgetown P.O. Box 409 Georgetown, TX 78627-0409 RE: Proposed Model Home Ordinance Dear Mr. von Rosenberg: Further to our December 7th letter to the Planning and Zoning Commission and our meeting of December 15th, we are requesting the following specific amendments to the proposed Model Home Ordinance. Amend paragraph one by adding the following words "Except in the following circumstances... l .) The City may extend the permit for a model home which has been constructed to market one phase of a phased development to market new phases of the same development when this results in no increase in the total number of model homes and is less intrusive to the developing neighborhood than constructing a new model home. 2.) A permitted model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision when such sales are clearly secondary to the marketing of lots within the subdivision in which the model is located, if the builder has no model in the second subdivision. 3.) A model home constructed to market one legal subdivision may be granted a transitional permit to market anew legal subdivision for the period during which a new model home is being constructed in the new legal subdivision. Such transitional permit shall be valid for a period not to exceed six months." These requested amendments are intended to provide some flexibility to accommodate model homes while meeting the primary intent of the proposed ordinance. These amendments are intended to reduce the need to construct new model homes in every section. 11782 Jollyville Road - Suite 103 - Austin, Texas 78759 - (512) 2194041 - FAX (512) 219-4042 Amendment 1 would allow an existing model home to extend its permit for marketing a phased development. It would not permit a new model home to be constructed in an existing neighborhood. Amendment 2 would allow the marketing of lots in more than one legal subdivision provided the builder is actively marketing lots within the legal subdivision in which the model is located. Again it would not permit a new model home to be constructed in an existing neighborhood. This provision could reduce the total number of model homes within the city. Amendment 3 would allow a transitional period to market a new subdivision from an existing model home while the new model is being constructed. This transitional period would be restricted to a maximum of six months. Again it would not permit a new model home to be constructed in an existing neighborhood. The following examples would apply to Parkview Estates and Katy Crossing subdivision: l .) Gavurnik Homes is currently building homes in Parkview Estates and is in the process of developing a new subdivision named Katy Crossing which will be a phased development. The proposed amendments would allow them to market homes in Katy Crossing from the existing model in Parkview Estates during the transition period when he is still developing in Parkview Estates and before a model is constructed in Katy Crossing. We believe that such marketing should be allowed for a limited transition period. 2.) Model homes will be build at the entrance to Katy Crossing. Because Katy Crossing will be a phased development, the currently drafted regulations would prohibit the continued use of the model homes to market in future phases. We believe the continued use for future phases would be less disruptive to the neighborhood because it would introduce less traffic into the neighborhood and the location of the existing model would be known to residents when they move to the neighborhood. With reference to paragraph two of the draft ordinance, it is our understanding that, although model home permits need to be renewed every 12 months, such renewals will be granted provided the requirements as stated in the ordinance are met. We would like the opportunity to speak on this matter at the next Planning & Zoning Commission meeting. Thank you for your assistance. Sincerely, STENDEBACH & ASSOCIATES, INC. J. Stendebach, AICP 12.dec\cvr.wpd 11782 Jollyville Road • Suite 103 • Austin, Texas 78759 • (512) 2194041 • FAX (512) 219-4042 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TO INCLUDE THE MODEL HOME AND CONSTRUCTION OFFICE USES TO SECTION 3.2 OF PART THREE, SPECIAL PERMITS AND RESTRICTED USES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its current Zoning Ordinance governing restricted uses do not address the model home use commonly found in developing residential areas; and WHEREAS, the Century Plan - Policy Plan states that, "The City shall review and revise, when appropriate, a Zoning Ordinance that protects residential neighborhoods from incompatible uses. , and WHEREAS, this revision provides a means of allowing the model home and construction office uses to be established residential areas of the City while protecting the integrity of the surrounding neighborhood through design and operational criteria; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance implements Growth and Physical Development Policy 1 of the Century Plan - Policy Plan Element, which states: The City will ensure that future land use patterns provide economic, cultural and social activities to all residents, businesses and organizations", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required. by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The attached Exhibit "A" relating to the revision of Part 3 of the Zoning Ordinance is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Zoning Ordinance Amendment - Model Homes Ordinance No. Page 1 of 2 ' SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 23rd day of January, 1996. PASSED AND APPROVED on Second Reading on the 13th day of February, 1996. ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Zoning Ordinance Amendment - Model Homes Ordinance No. Page 2 of 2 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor EXHIBIT A 3.201 The following uses are permitted, subject to the stated restrictions A. Child Care Facilities (to remain as currently worded) B. Model Homes. As used herein, a Model Home is defined as a single family or duplex housing unit typical of the style available for sale in a particular subdivision, but used for display or sales of new residences. The following conditions must be met before the Model Home use will be permitted: 1. A Model Home may be located within any zoning district provided it is located within the legal subdivision for which lots are being sold. In addition, the business occupying the Model Home shall only market homes within the legal subdivision in which the Model Home is located. (For example, a Model Home built in New Subdivision, Phase I cannot market homes located in New Subdivision, Phase II or in Other Subdivision, Phase I, etc.) The following exceptions to Section No. 1 shall apply: a.) The City may extend the permit for a model home which has been constructed to market one phase of a phased development to market new phases of the same development when this results in no increase in the total number of model homes within all of the phases and is less intrusive to the developing neighborhood by maintaining the most direct access to the model home from outside of the neighborhood; b.) A permitted model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision if the builder has no model in the second subdivision and when such sales are clearly secondary, as demonstrated through signs and advertisements, to the marketing of lots within the subdivision in which the model is located; c.) A model home constructed to market one legal subdivision may be granted a transitional permit to market a new legal subdivision for the period during which a new model home is being constructed in the new legal subdivision. Such transitional permit shall be valid for a period not to exceed six months. 2. A conditional Certificate of Occupancy permit to operate the Model Home as a sales office will expire after 12 months unless it is renewed by the respective business, upon which the burden shall lie to demonstrate that the conditions of approval still exist. The Building Official will then evaluate the renewal request and determine its status. An unlimited number of extensions can be applied for Page 1 of 3 and considered. 3. Construction of the Model Home must be consistent with the character of the subject neighborhood. Signage must comply with the Sign Regulations for the Zoning District in which the Model Home is located. 4. Operation of the Model Home must comply with the City Municipal Code with regard to noise nuisance. Any lighting should operate such that it does not create a nuisance to neighboring residences or create a traffic hazard. 5. A conditional construction permit for the Model Home may be issued once the streets to the subdivision have been constructed to sub -grade and water service and a fire hydrant are located within 500 feet of the lot on which the Model Home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The conditional Certificate of Occupancy for the Model Home will not be issued until the subdivision and all public improvements have been accepted by the City, a final plat has been filed with the County and all utilities are connected to the home. 6. The Model Home must be constructed in such a manner that it can be converted, without structural changes, and used as a single family or duplex (if applicable) residence after its use as a Model Home has ceased. This includes the provision of adequate off-street parking outside the front building line. 7. There is no restriction on the number of Model Homes permitted in each subdivision. 8. A temporary building for use as a sales office is permitted on a 12 month basis, subject to the renewal policy outlined for Model Homes, only if a model home has not been constructed. Once a Model Home has been constructed, the temporary building must be removed. 9. If the operation of the Model Home or temporary building used as a sales office violates any of these or other City Ordinances, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved. C. Construction Oversight Offices. As used herein, a Construction Oversight Office is defined as a temporary building used for the oversight of construction of new structures within the subdivision in which the Construction Oversight Office is located. The following conditions must be met before the Construction Oversight Office use will be permitted: 1. A temporary building for use as a construction oversight office is permitted on a Page 2 of 3 12 month basis, subject to the renewal policy outlined for Model Homes. One construction oversight temporary building shall be allowed for each builder in a subdivision in which that builder has the authority to construct structures. 2. If the operation of the temporary building used as a construction oversight office violates any City Ordinances, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved. Page 3 of 3 Council meeting _February 13, 1996 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and second reading of an ordinance amending the Zoning Ordinance to revise the rules for landscaping, off-street parking and accessory uses and buildings. ITEM SUN MARY: This is the first phase of a proposed three phase process to revise the Zoning Ordinance, as directed by the City Council. The amendment replaces the landscaping, parking and accessory use requirements in the Zoning Ordinance with those currently contained in the Subdivision Regulations. This provides consistency between the Zoning Ordinance and the Subdivision Regulations for these requirements. The Planning and Zoning Commission held a public hearing on the proposed amendment at their January 2, 1996 meeting and no comments were received. The second phase proposed for the Zoning Ordinance revision process will be to define the site development standards and to redefine the permitted land uses by zoning district, eliminating the pyramid structure of the ordinance. The third step proposed will involve writing an administrative section for the ordinance, helping to define what projects the ordinance applies to and clarifying terms and procedures. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None COMMENTS: The City Council approved the first reading of this ordinance at their January 23, 1996 meeting. ATTACHMENTS: Ordinance Submitted By: Edward J. ry, AICP - Director Division f Developme t Services Clydt1von Rosenberg CP Chief Planner, Long Range Planning ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TO REVISE SECTION 6.3 OF PART SIX, GENERAL RULES FOR YARDS, LANDSCAPING, AND PROTECTION OF TREES; AND SECTION 7.1 AND 7.2 OF PART SEVEN, OFF-STREET PARKING SPACES ARE REQUIRED; AND SECTION 8.2 OF PART EIGHT, ACCESSORY USES AND BUILDINGS REGULATED; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its current Zoning Ordinance governing landscaping, parking, and accessory structures are inconsistent with the standards in the City's Subdivision Regulations, which more closely reflect the community standards in regard to these issues; and WHEREAS, the 1995/96 Annual Operating Plan Element lists the implementation of the first phase of incremental revisions to the Zoning Ordinance as a significant means of accomplishing the City's stated goals; and WHEREAS, this revision is the first of these incremental revisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance 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. The City Council hereby finds that this ordinance implements Growth and Physical Development Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will ensure that future land use patterns provide economic, cultural and social activities to all residents, businesses and organizations", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The attached Exhibits "A", "B" , and "C" relating to the revision of Parts 6, 7, and 8 of the Zoning Ordinance are hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Zoning Ordinance Amendment - Landscaping, Parking, Accessory Structures Ordinance No. Page 1 of 2 EXHIBIT A Section 6.3 Landscaping and Buffering Requirements 6.301 Purpose A. For the purpose of providing for the orderly, safe, attractive and healthful development of land located within the community and promoting the health, safety and general welfare of the community, it is deemed necessary to establish requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. These provisions are exclusive of detached single family and two (2) family residences, except as described in Section 6.304.A. The regulations contained herein are necessary to enhance the community's ecological, environmental and aesthetic qualities. B. Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements is of benefit to the health, welfare and general well being of the community and, therefore, it is proper that the use of such elements be required. C. The City of Georgetown experiences frequent droughts; therefore, it is a purpose of this section to encourage the use of drought resistant plants that do not consume large quantities of water. 6.302 Applicability The requirements and standards for the installation and maintenance of landscape elements and site improvements as set forth herein shall apply to all developments within the City of Georgetown, except that exclusive of Section 6.304 A, these provisions shall not apply to one (1) and two (2) family residences. Furthermore, said requirements and standards shall not apply to EXHIBIT A, Page 1 of 10 any structure existing on the effective date of this chapter, except in the event of reconstruction. However, this exemption shall not apply where a detailed development plan is required as a condition of approval granted by the Planning and Zoning Commission and/or the City Council. All other new development subject to these regulations shall be in full compliance with the provisions of this chapter. 6.303 General Requirements A. Installation: All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards. B. Maintenance: The current owner and subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this chapter. C. Planting criteria: 1. Trees. Trees shall be a minimum of two (2) inches in caliper measured three (3) feet above finished grade immediately after planting. If trees are proposed that are not chosen from the recommended list provided in the Appendix, trees shall have an average mature crown greater than fifteen (15) feet in diameter. Trees having an average mature crown less than fifteen (15) feet in diameter may be substituted by grouping the same so as to create at maturity the equivalent of a fifteen foot (15) diameter crown if the drip line area is maintained. 2. Shrubs, vines and ground cover: Shrubs, vines and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be, at a minimum, a one (1) gallon container size. 3. Lawn grass: Grass areas should be planted in drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. 4. Synthetic lawns or plants: Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section. EXHIBIT A, Page 2 of 10 5. Architectural planters. The use of architectural planters may be permitted in fulfillment of landscape requirements. 6. Other: Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces. D. Landscape Plan Requirements. As required by the City of Georgetown Subdivision Regulations Ordinance, the landowner or his/her agent shall submit and receive approval of a landscape plan demonstrating compliance with the landscape requirements contained herein. Plans shall show all dimensions, types of materials, width of bufferyards, size and spacing of vegetative materials, and plans for providing water to plants. The plan(s) shall demonstrate that landscaping and buffering materials will: 1. Abate objectionable noise, light, glare, visual clutter, dust, or loss of privacy. 2. Adequately accomplish the purpose for which they were intended. 6.304 Required Landscape Installation A. A minimum percentage of the total lot area of property on which development, construction or reconstruction occurs after the effective date of this article shall be devoted to landscape development in accordance with the following schedule. These requirements shall not apply to the development, construction or reconstruction of single-family detached or two (2) family residential structures except when such structures abut an arterial street. EXHIBIT A, Page 3 of 10 TABLE A Required Landscaping Schedule Zoning District Landscaping Required of lot area RM-1, RP 20 RM-2 20 RM-3 , A - for non-residential use 15 C-1, C-2A, C-2B 10 I 10 NOTE: The R-O district has separate landscaping requirements, see Section 2.11 for details. Exceptions to this chapter may be granted to require a lesser amount of landscaping, by the Commission, if the aesthetic, buffering and environmental intent of this chapter is met, and the reduction of the landscape area results in the preservation of a natural feature having comparable value to the reduced landscape requirements. B. The landscaping shall be placed upon that portion of a tract or lot that is being developed. Fifty percent (50 %) of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the Commission. C. Credit for trees. In order to reward the preservation of existing trees, one hundred percent (100%) of the crown area of undisturbed existing trees shall be reduced from the landscape area requirements; provided that the area surrounding the tree is left undisturbed and that this area consists of at least one hundred (100) square feet but not less than fifty percent (50 %) of the crown area. D. Required plantings. For every six hundred (600) square feet of landscape area required by Table A above, two (2) trees and four (4) shrubs shall be planted. E. Bufferyards shall be required between all lots and/or parcels. The extent of the required buffering within bufferyards is dependent upon EXHIBIT A, Page 4 of 10 the width of the bufferyard and the disparity between adjacent zoning districts or uses. The width of the required bufferyard may be reduced as the intensity of buffering increases. The landscaping required within bufferyards shall be provided in addition to the required landscaping on the lot as a whole. All open space within a bufferyard shall be planted with grass or other vegetative ground cover. 1. Location of Bufferyards: Bufferyards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. Bufferyards shall not extend into or be located within any portion of an existing street right-of-way. 2. Determination of Bufferyard Requirements: To determine the type of bufferyard required between two (2) adjacent parcels, the following procedure shall be followed: a. Determine whether the adjacent use is located inside or outside the City limits. b. Identify the Zoning Classification of the proposed use. C. Identify the Zoning Classification or Land Use Class of each adjacent use. Land Use Classes are defined in Table C. d. Determine the bufferyard requirements for those side and rear lot lines or portion thereof, on the subject parcel by referring to Table. B, if it is on property within the City limits. If the proposed use and the adjacent use are separated by the City limits, determine the bufferyard requirements for those side and rear lot lines or portion thereof, on the subject parcel, by referring to both Tables B and C as though both properties were either inside the City limits or outside the City limits. The bufferyard requirement shall be the most intensive indicated by this method. Existing plant material or fences may be counted as contributing to the total bufferyard requirement. The bufferyards specified are to be provided on each lot or parcel independent of adjoining bufferyards. The bufferyard requirements Types A-F in Figure 1 are EXHIBIT A, Page 5 of 10 designed to permit and encourage variation in the widths of bufferyards and the number of plant units required per one hundred (100) linear feet of bufferyard. The requirements may be satisfied by any of the options of the appropriate type, indicated in 1, except that a fence or a Type F bufferyard shall be provided wherever a multifamily, commercial, or industrial property abuts a single family or two (2) family residential lot. e. When a developed use is proposed adjacent to vacant land, the owners of the affected properties may submit a contractual agreement whereby the bufferyard for the developed use is reduced or waived, provided that the owner of said vacant property agrees to develop at no greater intensity than the specified land use class; and if additional buffer is needed at a future point, it will be provided on the vacant land. f. Should a developed use increase in intensity from a given land use class to a higher one (e.g. Class III to Class IV), a determination shall be made during the detailed development plan review process to determine if additional bufferyard is needed and if so to what extent and type in accordance with Table B. EXHIBIT A, Page 6 of 10 Table B - Bufferyard Requirements Zoning of Proposed Development Adjacent Existing Zoning A R-E R-S RM-1 RM-2 RM-3 R-P R-O C-1 C2A C2B 1 A * E E D C B D B A A A A R-S * RM-1 C E E A B C A C D D D D RM-2 B E E D A B D B C C C C RM-3 A E E D C A D A B B B B R-P C E E A B C A C D D D D R-0 A E E D C A D A B B B B C-1 B E E D C C D B A A A A C-2A B E E D C C D B A A A A C-2B B E E D C C D B A A A A I B E E D C C D B A A A A No bufferyard requirement Bufferyard required as per Section (34030 A) 6.304 Table C - Land Use Classifications Land Uses Class Land Use I Single Family Residences II Two & Three Family Residences Planned Unit Developments Non -Commercial Recreational III Religious Institutions Educational Institutions Public Buildings Multifamily Residences IV Offices Service Establishments Agricultural EXHIBIT A, Page 7 of 10 V General Retail Establishments Other Commercial Uses Research and Development Uses Wholesale and Warehousing Other Industrial Uses Parking Lots Arterial Streets Bufferyard requirements for properties adjacent to those located outside the City Limits are based on the following equivalencies between Zoning Classifications and Land Use Classes. Zoning- Land Use Classes A IV R-E I RS I RM-1 II RM-2 III RM-3 IV R-P II R-O IV C-1 V C-2A V C-2B V I V EXHIBIT A, Page 8 of 10 Figure 1 - Bufferyard requirements A REQUIRED PLANT VREQUIREO PLANT UNITS PER 100' UNITS PER 100" A ,.• ,� Deciduous Trees � Deciduous Tr••a Deciduous Shru03 Deciduous Srvt4s Ererprsena 'n r` Ererpr••ns a h Berm % E B e REQUIRED PLANT UNITS PER 100' fence �. i REOUWED PLANT c UNRS PER 100" Deciduous Trees � E ,v{� Deciduous Shrubs q Deciduous Trws Ererpraena Q - ILL Deciduous Or -rubs Ewrgeena .mac ilG REOUIRED PLANT UNITS PER 100' germ 8 Cioo' Deciduous Trees Fence De CldWus Shrubs E.erpreena L REOUIRED PLANT C U (T 9 PER 100' "F E.•rp• r•a � - *Note: See Section 6.303 A.-D. for total plant requirements. **Note: Bufferyard F shall be a ten (10) foot wide bufferyard which shall include a solid evergreen hedge, which will attain six (6) feet in height and ninety-five percent (95 %) opacity within twenty-four (24) months after initial installation. Note: Any fence constructed to satisfy bufferyard requirements shall be opaque and shall be six (6) feet in height, .except as otherwise provided in Section 8.3 or as otherwise approved by the Commission. F. Parking Lots. When parking lots are located between public streets and buildings, or when parking is the primary use of a parcel, a Type D bufferyard as described in Figure 1 shall be provided between the street and parking lot. To reduce the thermal impact of unshaded parking lots, trees shall be planted throughout parking lots so that no portion of the lot is more than sixty-four (64) feet away from the trunk of a tree unless otherwise approved by the Commission. EXHIBIT A, Page 9 of 10 G. Replacement of Trees. Should a tree die or be removed for which credit has been obtained pursuant to the terms of this section, landscape development sufficient to equal the area credited shall be required. A small tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in Section 6.304. C is retained. EXHIBIT A, Page 10 of 10 EXHIBIT B Section 7.1 - Off Street Parking and Loading Regulations 7.101 General Design Standards A. All off-street parking spaces shall be located outside of required landscape areas and behind front building lines. B. Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required. Provided however, if insufficient parking exists on a tract or lot, then the number of spaces required to meet the needs of both the existing and new buildings shall be provided. C. Facilities being used for off-street parking on the effective date of these regulations shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. D. For sites with more than one (1) use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as adjusted pursuant to Section 7.04. E. Parking facilities constructed or substantially reconstructed subsequent to the effective date of these regulations, whether or not required, shall conform to the Design Standards set forth in Section 7.107. F. All required parking facilities shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding (1) one ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment. G. All required parking facilities shall be located on the same site as the use for which such facilities are required, except as authorized pursuant to Section 7.103. H. No use shall be required to provide more spaces than prescribed by these regulations or prescribed pursuant to a Conditional Use Permit or a Variance. Where parking spaces in excess of such requirements are provided, the spaces may be considered as meeting the requirements for another use pursuant to Section 7.104. EXHIBIT B, Page 1 of 11 I. Head -to -toe parking is prohibited except in one (1), two (2) or three (3) family dwellings. 7.102 Schedule of Off -Street Parking Requirements A. Parking facilities for each use shall be provided in accord with the minimum requirements prescribed in Table 7A. TABLE 7A - PARKING REQUIREMENTS* USE PARKING RESIDENTIAL Long Term Housing 2 spaces/unit Quasi Residential 1 space/250 sq. ft. A CHURCHES ND PUBLIC 1 space/3 seats USES COMMERCIAL Restaurant less than 2,500 sq. ft. 1 space/ 100 sq. ft. greater than 2,500 sq. ft. 1 space/75 sq. ft. take out restaurants 3 spaces/ 100 sq. ft. of seating area General Retail and Office less than 25,000 sq.ft. 25, 000-399, 999 sq. ft. 1 space/200 sq. ft. 400, 000-599, 999 sq. ft. 1 space/250 sq. ft. more than 600,000 sq. ft. 1 space/225 sq. ft. 1 space/200 sq. ft. INDUSTRIAL 1 space/employee + 1 /400 sq. ft. of office space WAREHOUSE 1 space/ 1, 000 sq. ft. *The required number of parking spaces for uses not listed in the above table will be determined by the Director. 1. Where the application of Table 7A results in a fractional requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number. 2. For purposes of this section, requirements shall be based on gross floor area, but shall not include enclosed or covered areas used for off-street parking or loading. EXHIBIT B, Page 2 of 11 B. Notwithstanding the provisions of Table 7A, a minimum of five (5) parking spaces shall be provided for any single industrial use located individually on a site and served by a separate parking facility, and a minimum of ten (10) parking spaces shall be provided for any two (2) or more industrial uses located on the same site and served by a common parking facility. C. Up to twenty-five percent (25 %) of reserved employee parking may be designed and reserved for small or compact cars. D. Up to fifteen percent (15 %) of the total required parking may be designed and reserved for compact cars. 7.103 Off -Site or Remote Parking A. The Commission or Council may approve locating a portion of the required parking for a use on another site when both the primary use and accessory parking are located in an area zoned, used or platted for commercial use. B. Off -site parking shall be located within three hundred (300) feet of the use which it serves within the Town Square Historic District and within two hundred (200) feet in all other areas, measured as the shortest practical walking distance from the nearest off -site parking space to the nearest entrance to the building or use which it serves. C. In determining whether to approve off -site parking, the Commission shall consider all relevant factors, including: 1. The locations of the use and the proposed off -site parking. 2. Existing and potential parking demand created by other uses in the vicinity. 3. The characteristics of the use, including employee and customer parking demand, hours of operation, and projected convenience and frequency of use of the off -site parking. 4. Adequacy, convenience, and safety of pedestrian access between off -site parking and the use. 5. Traffic patterns on adjacent streets, and proposed access to the off -site parking. 6. The report and recommendation of the Development Review Committee and the Traffic Engineer. EXHIBIT B, Page 3 of 11 D. The Commission or Council may require the written agreement of the owner of the off -site parking area and owner of the use, if necessary, to assure the continued availability and usability of any off -site parking. E. Handicapped and bike parking spaces shall not be located in an off -site parking facility. 7.104 Parking For Mixed Use Developments A. The Planning Commission may authorize an adjustment in the total parking requirement for separate uses located on the same site, or for separate uses located on adjoining sites and served by a common parking facility, pursuant to this section. A request for such adjustment shall require submission of a site plan and transportation engineering report addressing the relevant factors listed in paragraph C below. B. All parking spaces subject to adjustment under this section shall be located in a common, contiguous parking facility intended to meet the needs of all users. When any adjustment is authorized, off -site parking pursuant to Section 7.103 shall not be permitted. C. In determining whether to approve an adjustment for mixed use developments, the Commission shall consider all relevant factors, including: 1. The characteristics of each use and the differences in projected peak parking demand, including days or hours of operation. 2. Potential reduction in vehicle movements afforded by multi -purpose use of the parking facility by employees, customers, or residents of the uses served. 3. Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility. 4. The report and recommendation of the Director. 7.105 Handicapped Facilities Exclusive of one (1), two (2) and three (3) family residences, in each parking facility, a portion of the total parking spaces shall be specifically designed, located, and reserved for vehicles licensed by the State for use by the handicapped, according to the following schedule and additional requirements: EXHIBIT B, Page 4 of 11 Total Spaces Minimum Number of Handicapped Spaces Required 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1,000 1 2% of total 1,001 and over 10 plus 1 per 100 over 1,000 spaces A. Ten percent (10%) of the total spaces for outpatient units at medical care facilities shall be accessible to the handicapped. B. Twenty percent (20 %) of the total spaces for medical care facilities specifically for the treatment of the mobility impaired (i.e., physical/occupational units) shall be accessible to the handicapped. 7.106 Basic Off -Street Loading Regulations A. Off-street loading facilities shall be provided for any new building constructed and for any new use established. Off-street loading facilities shall be provided for any addition or enlargement of an existing use, or any change of occupancy or manner of operation that would result in additional loading space being required, provided that the additional loading space shall be required only for such addition, enlargement, or change. B. Facilities being used for off-street loading on the date these regulations are adopted shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. EXHIBIT B, Page 5 of 11 C. Loading facilities constructed or substantially reconstructed subsequent to the effective date of the regulations shall conform to the Design Standards set forth in Section 7.107. D. All required loading facilities shall be maintained for the duration of the use or building requiring such facility, and shall be used exclusively for the purpose of loading and unloading goods, materials, and supplies, and shall not be used for the sale, display, or storage or merchandise, or for the storage or repair of vehicles or equipment. E. Such loading and unloading space, unless adequately provided for within a building, shall be an area ten (10) feet by forty (40) feet, with fifteen (15) foot height clearance, and shall be provided according to the following schedule: Gross Floor Area in Sq.Ft. Loading & Unloading Spaces Required in Terms of Sq. Ft of Gross Floor Area 0 - 099 None 21000 - 4,999 Up to one (1) space at the discretion of the Commission 5, 000 - 19, 000 One (1) space 20,000 - 99,000 One (1) space plus one (1) space for each 20,000 sq. ft. or portion thereof in excess of 20,000 sq. ft. 100,000 - 500,000 Five (5) spaces plus one (1) space for each 40,000 sq. ft. or portion thereof in excess of 100,000 sq. ft. F. The location and design of loading and unloading areas shall be reviewed at the time of detailed development plan submission to insure adequate protection is afforded adjacent properties, especially residential properties, from noise and other disruptive elements normally associated with such facilities. 7.107 Design Standards A. Design standards are established by this section to set basic minimum dimensions and guidelines for design, construction, and maintenance of parking and loading facilities. B. The following basic dimensions shall be observed for parking spaces and loading spaces: EXHIBIT B, Page 6 of 11 1. Each standard parking space shall consist of a rectangular or trapezoidal area designed in accordance with Table 7B. Each space shall have a vertical clearance of not less than seven and one-half (7.5) feet. Each space shall be independently accessible. 2. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than thirteen (13) feet wide (including an eight (8) foot wide parking stall and a five (5) foot wide access aisle) by twenty (20) feet long, with a vertical clearance of eight (8) feet above the handicapped accessible parking spaces and along at least one (1) vehicle access route to such spaces from the site entrance(s) and exit(s), shall be located in an area not exceeding a two percent (2 %) slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. One (1) of every eight (8) handicapped accessible spaces shall consist of a rectangular area not less than sixteen (16) feet wide (including an eight (8) foot wide parking stall and an eight (8) foot wide access aisle) in order to be accessible to vans. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only. Van accessible spaces shall be signed accordingly. Two (2) handicapped accessible parking spaces may share the same access aisle. 3. Each off-street loading space shall consist of a rectangular area not less than ten (10) feet wide and forty (40) feet long, with a vertical clearance of not less than fifteen (15) feet. 4. Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all time have access to a public street or alley. C. Parking facility design. Minimum parking facility design standards are illustrated in Table 7B. Additional supplemental guidelines and standards for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by resolution of the Commission, upon recommendation of the Director. 1. All parking facilities shall include the following design considerations to ensure accessibility to the handicapped: a. Handicapped accessible parking spaces servicing a particular building shall be located on the shortest accessible route of travel to an accessible entrance. b. Handicapped accessible parking spaces need not be provided in each lot or parking structure provided the different location has EXHIBIT B, Page 7 of 11 equivalent or greater accessibility in terms of distance from an accessible entrance. c. Handicapped accessible parking spaces may all be provided on one (1) level of a multi -level parking structure. d. At least one (1) handicapped accessible route must be provided from accessible parking spaces to the nearest handicapped accessible entrance. e. The minimum clear width of the handicapped accessible route shall be thirty-six (36) inches except at doors. f. If a handicapped accessible route has less than sixty (60) inches clear width, then passing spaces at least sixty (60) inches by sixty (60) inches must be located at reasonable intervals not to exceed two hundred (200) feet. g. The floor slope along a handicapped accessible route shall not exceed one (1) to twelve (1:12) with a maximum rise of thirty (30) inches for any run. h. Handicapped accessible parking spaces and access aisles shall be level with surface slopes not exceeding one to fifty (1:50) or two percent (2 %) in all directions. i. The cross slope of ramps shall not exceed one to fifty (1:50). j . It is preferable to provide the handicapped accessible route at the front of the stalls. The handicapped accessible route should avoid crossing lanes of vehicular travel. When crossing vehicle travel lanes is necessary, the route of travel shall be designated and marked as a crosswalk. EXHIBIT B, Page 8 of 11 TABLE 7B Parking Facilities Design* Parking Maneuvering Lane Parking Parking Total Width of 2 Pattern Width Space Space Tiers of Spaces & Maneuvering Lane One Way Two Width Length One Way Two Way Way 00 ill 18' 8.5' 25' (22) 28' 35' Parallel 30-500 12' 20' 9' (8.5) 21' (16) 54' (44) 62' (52) 54-740 13' (12) 22' (19) 9' (8.5) 21'(16.5) 55' (45) 64' (52) 75-900 15' (14) 24' (22) 9.5' (8.5) 20' 55' (47) 64' (55) (16.5) -Lompact car stanaarcis are iistea in parenthesis where applicable. D. Paving and drainage. The following basic standards shall be observed: 1. For all uses except single family dwellings, parking and loading facilities shall be surfaced and maintained with asphaltic, concrete, or other permanent hard surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. Pervious materials may be allowed as approved by the Director of Community Owned Utilities. 2. Parking and loading facilities shall be graded and provided with permanent storm drainage facilities, meeting the City's construction specifications. Curbing and drainage improvements shall be sufficient to control free flow of water onto adjacent properties, public streets or alleys, and to provide adequate drainage in accordance with City code. E. Parking and loading facilities shall meet the following standards: 1. Safety barriers, protective bumpers or curbing, and directional markers shall be provided in conformance with the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, to assure safety, promote efficient utilization, protect landscaping, and prevent encroachment onto adjoining public or private property. 2. Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, circulating within a parking facility, and entering and exiting a parking facility. 3. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with EXHIBIT B, Page 9 of 11 accepted principles of traffic engineering and traffic safety. F. Lighting. Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use. G. Fencing, Screening, and Landscaping. All parking lots shall be landscaped in accordance with the requirements in Section 6.3. H. Noise. Areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling. I. Maintenance. All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended. J. Adjustments. For a use or a site subject to site plan review or a conditional use permit, the minimum requirements of this section may be adjusted in their application, provided such change is determined by the Commission to provide improved design, usability, attractiveness, and protection to adjoining uses, in a manner equal to or greater than the specific requirements of this section. 7.108 Special Parking Requirement Areas A. Purpose. Special parking requirements shall apply within designated portions of Georgetown in order to recognize and encourage relatively greater mobility and accessibility of future facilities, to promote the construction of appropriately located public parking facilities, to discourage inharmonious parking facilities/areas in historic districts or on sites occupied by historic structures, and to reduce intrusion on pedestrian -oriented street frontages by parking facility access. B. Special Parking Requirements Area. Within a designated Special Parking Requirements area, the following provisions shall apply in -lieu of the regulations otherwise established by the off-street parking and loading regulations. 1. There shall be no off-street parking requirement for any use occupying a qualifying historic structure. 2. There shall be no off-street parking requirement within the downtown Historic District for any use occupying a structure of less than four EXHIBIT B, Page 10 of 11 thousand (4,000) gross square feet of floor space. 3. There shall be visual screening of open parking garages or lots along street frontages. 4. Enclosed parking garages within the central business district must be separated from the adjacent street by enclosed commercially leasable space fronting the adjacent street at the ground level. On any site that is less than one (1) city block on any side, this provision may be waived or adjusted by the Commission or the Council, provided at least fifty percent (50%) of the garage fronting on the adjacent streets at the ground level shall be enclosed by commercially leasable space. All remaining areas shall be screened. 5. There shall be no curb cut greater than thirty (30) feet for garage access. 6. There shall be a clear one hundred sixty (160) degree cone of vision at the intersection of sidewalks and any parking access and/or egress lanes. 7. There shall be no openings for vehicle access at any level to parking garages or curb cuts in the Historic District, unless the Commission approves such access and includes a finding in its approval that the applicant has demonstrated that the proposed project will not unreasonably impair pedestrian and vehicular movement in the affected area and adequate precautions have been made for the safety and convenience of the public. The decision of the Commission may be appealed to the Council. If the Council approves such application, it shall be required to make the same finding as provided above. EXHIBIT B, Page 11 of 11 EXHIBIT C Section 8.2 Accessory Buildings Shall Be Located In Accordance With The Following 8.201 No structure or impervious construction shall be allowed in the front yard area except for the following: A. Fences and screens in accordance with Sections 6 and 8 of these regulations; B: Driveways and sidewalks as allowed herein; C. Utility distribution lines and appurtenances within dedicated easements and rights -of -way; and/or D. Drainage structures. 8.202 No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on one (1), two (2) or three (3) family residential lots: A. Swimming pools located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence; B. Playscapes not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence; and/or C. Satellite dishes or telecommunications devices not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence. 8.3 Requirements for Fences 8.301 Fences may be constructed in accordance with the following provisions: 8.302 No fence along a common property boundary shall be greater than six (6) feet in height, excepting: A. Fences not greater than eight (8) feet, as required to impede access to hazardous facilities including, but not limited to, electrical substations, swimming pools and chemical or equipment storage yards. B. Fences not greater than eight (8) feet, where the slope of a line drawn perpendicular to the fence line averages twenty percent (20 %) or more on EXHIBIT C, Page 1 of 2 either side of the fence over a distance no less than fifteen (15) feet. C.. Fences not greater than eight (8) feet, where the fence forms a continuous perimeter around a subdivision and the design of said perimeter fence is approved by the Commission. 8.303 Fences less than or equal to three (3) feet in height shall be allowed in front yards. 8.304 . No fence or other structure more than thirty percent (30 %) solid or more than three (3) feet high shall be located within twenty-five (25) feet of the intersection of any rights -of -way. 8.305 All fences shall be constructed to maintain structural integrity against natural forces such as wind, rain. and temperature variations. 8.306. The finished side of all fences built to comply with these regulations shall face the protected use. EXHIBIT C, Page 2 of 2 Council Meeting Date: 02/13/96 Item No. B v AGENDA ITEM COVER SHEET SUBJECT Appointment of one member to the Planning & Zoning Commission. ITEM SUMMARY During the orientation of Steve Johnston, a new appointment to the Planning & Zoning Commission, it was learned that Mr. Johnston has not been a City resident for one year, as required by City Charter and City Code. For this reason, he will not be able to serve on the Planning & Zoning Commission. SPECIAL CONSIDERATIONS None FINANCIAL IMPACT None COMMENTS None ATTACHMENTS None Submitted By: Hartley Sappington, Director of Community Services Council meeting date: 2-13-96 Item No. Cc AGENDA ITEM COVER SHEET SUBJECT Approval of Councilmembers' travel to the National League of Cities Winter Conference ITEM SUMMARY The National League of Cities is conducting its Winter Conference in Washington, D.C. in early March. Of particular note is that John Carver will be doing a one -day training session on governance. At the TML Leadership Symposium the training was discussed and was encouraged. George Arroyos and Shelley Davis both expressed an interest in attending. It may be that other Councilmembers are interested in attending as well, in particular, to hear John Carver. This is one of the better opportunities for you to hear him in a presentation because his fee is now approaching $15,000 per day. General information on the NLC Conference is attached. ATTACHMENTS 1. NLC Conference information 3uumiuea oy: Bob Hart, City Manager LEADERSHIP � TRAINING INSTITUTE Policy Governance Model Views Citizens As Owners "Strengthening Council Ef- fectiveness: A New Design for Leading and Governing,,, will be offered as a pre -conference seminar at Congressional City Co7iference in Washing- ton, March 9, 9: 00 a. m - 5: 00 p.m. by John Carver Governance is far more than looking over management's shoulders, taking public posi- tions, or providing a forum for individual members. The task of municipal governance is not to manage cities, but to govern the management of cities --tradition- ally an elusive distinction. Policy Governance Model To clarify that critical distinc- . tion, I created the "Policy Gov- ernance" model for city coun- cils and other governing bodies, a radical departure from con- ventional practice. The Policy Governance model urges coun- cils to spend most of their time connecting with citizens -as - owners rather than citizens -as - customers, for citizens are both stockholders and consumers. The council then uses this rich but elusive source of input to determine not how city manage- ment should operate, but what should be the ends of its opera- tion. The "ends" concept em- braces three related elements: (1) the results citizens should experience in their lives, (2) the targeting of these results, and (3) the cost of these results in dollars or in opportunities fore- gone. By determining these key aspects of government, each council is its constituents' pur- chasing agent. Ends are contro- versial and difficult to pin down even in organizations less com- plex than city government. But when stated, they provide the continuously evolving answer to the question, "what is this city government for?" Moreover, the ground is laid for subsequent evaluation of whether govern- mental operation is successful -- an invaluable tool in city man- ager evaluation. At its best, governance is about values, vision and strate- John Carver, author of nu- merous writings on governing and councils, is among the most provocative authorities on the topic. His Policy Gover- nance model would radically redesign the city council's job and the council-manager relationship. Dr. Carver is an Atlanta -based consultant. gic leadership. And the best is all today's beleaguered cities can afford. A highly concentrated empha- sis on ends is as exciting as it is difficult. Policy Governance pro- vides a simple resolution of the dilemma: The council should as- sertively prescribe the ends, but it should stay out of the means except to say what it will not allow. So the council does not tell the staff how to do their jobs, it tells them how not to do so. As to staff means, then, anything the council has not prohibited is allowed. Managerial preroga- tives and council control are en- hanced simultaneously. Budgeting, city services, per- sonnel actions, and a host of normal council topics are means not ends. City government doesn't exist for these things, but for their results. But because traditional council operation fo- cuses on oversight of means, not on defining ends, government comes to be driven by means rather than ends, evaluated on means rather than ends, and funded on means rather than ends. A means driven system cannot enable the managerial flexibility necessary for excel- lence. (Moreover, with obscure ends, how can it even recognize excellence?) Government man- agement understandably be- comes wed to favored methods and practices more than to out- comes. With re -invention most over- due at the top of government, a thorough paradigm shift --not a mere fixing up --is called for to redesign the way citizens, city staff, and council members see the job of governance. Conference From poge 1 i Gergen led at last year's Con- gressional City Conference on the broad issue of federal enti- tlements, deficit reduction, and local budgets. While the federal budget ne- gotiations are in a deadlock over the issues of proposed changes in welfare, Medicaid, and Medi- care, it is likely that there will be changes to these key programs in the future --changes that will have a direct impact on local budgets. Representatives of Congress and experts on entitle- ment reform have been invited to participate in the discussion. Gergen has served as a key advisor to three Presidents-- Nixon, Reagan, and Clinton. He also has a long history as a na- tional journalist including serv- ing as managing editor, editor, and editor at large of U.S. New & World Report and as a regular commentator on the MacNeil - Lehrer NewsHour. He is cur- rently a visiting professor at Duke University and a senior fellow at the Aspen Institute. A series of general sessions and legislative worksh ops are also planned to discuss key na- tional priorities in 1996 and how they will affect cities and towns. )emocratic and Republican ;ongressional leaders and Pres- dent Clinton have been invited to address the delegates on Monday. Legislative workshops are planned on Sunday and Monday focusing on tax reform, safe drinking water, takings, public safety, transportation, telecommunications, emer- gency preparedness, immigra- tion, fair housing, and utilities deregulation. Three special roundtable dis- cussions will be held on Tuesday morning addressing housing and community development, tribal sovereignty, and federal- ism. Delegates are also urged to make appointments now to meet with their Congressional delegations on Tuesday to dis- cuss NLC's 1996 legislative agenda. And, the Capitol Step, a song and dance troupe made up of Congressional staffers, will once again share their unique view of Washington politics with the delegates at the opening recep- tion on Sunday night. Be sure to register by Febru- ary 9 to take advantage of the early bird discount. To obtain a brochure and registration form, contact the NLC fax on demand system at 1-908-935-2768 and ask for document 1001. ■ F&9LSiXatw..,L.,L NO REGISTRATION WILL- BE PROCESSED WITHOUT HotdAcwmo&fions ' ACCOMPAMMG PAYMENT IN FULL-. Do to ,,,,,,,�,, c�,,,,��,�� ' Please type or print 1`mi� Name Sex M F ❑ Please make my hotel reservation as indicated below. I❑ I do not require hotel accommodations at any of the hotels listed below. I Title ❑ Please contact me regarding suite information. City or Organization ❑ I prefer a nonsmoking room (assigned on a space available basis) ' ' ® To accommodate your special needs, e.g., wheelchair accessible I Mailing Address rooms, please contact the Conference Registration Center ' Special Housing Request: I City Arrival Date / / Time ' State Zip Telephone ( ) Departure date / / Time I Family Members Attending ($25 registration fir fa WmIguat; no fee for youth wider 18): • ' Spouse Full Name Sex M F Child ' gEl my registration fee Child Attiih11111' ' Ige (Visa or MasterCard only) — I 1. ❑ This is my first Congressional City Conference. ❑ Charge my hotel room deposit (all major credit cards accepted) 2. ❑ I am newly elected to office. Credit Card Company ' 3. ❑ The size of my city is Card Number ' Ch k applicable ' CCmference Regis • •11 tration fie and enter total fees in the tight hand column: Expintion Date Advance Yl Card Holder Signature ' ' (Postmarked by February 9, 1996) Date , ' ❑ $310 Direct Member Fee* $ The NLC Confaviee Registration Center is authorued to use the above card to pay all applicable reynuation fees and gtaran ' ❑ $310 Associate Member Fee* $ tee my hotel reservatim I understand that one rughi mom om dwye will be billed through tM un and if I fail to sW up for my ' ❑ $395 Indirect Member Fee— $ :ssrt*ed booting on the inhumed date unless I have cancelled my reservation r,th the hotel ai leant 72 hwn in advance ' I ❑ $25Fe S Other $ Hotdpbsm�' O $25 Spouse Fee $ ' LEADERSHIP TRAINING INSTM)TE SEN11NARS FRIDAY, MARCH 8 Indicate your fuwia had with the number I. Number txhia hods from 2 tot I in order of you preference hold erenct Your , ' ❑ $ 8 5 Bolstering Your Communication Effectiveness $ and toa,t tom` b" ssIned b on your po`o"" k and h xd room "�try at `be t'n"" few' isp°d ❑ $ 8S Stress Management for a Healthy Self $ CHOICE HOTEL SINGLE DOUBLE ' ❑ $ 85 Challenges in Managing Small Communities $ Embassy Row Hotel (A) $145 $14S ❑ $ 8S Diversity and Dialogue $ Embassy Suites Downtown (B) $14S $14S ' SATURDAY, MARCH 9 Hotel Sofitel (C) $150 $150 , ❑ $135 The Practice of Political Leadership (full -day) $ Marriott Courtyard (D) $1 15 $I 15 I El$135 Strengthening Council Effectiveness (full -day) $ Radisson Barcelo Hotel (E) $120 $120 ' ' ❑ $ 85 Handling the Media $ ❑ $ 85 Advocacy Skills $ Sheraton City Center (F) $125 $125 ' ❑ $ 8S Getting Things Done Through Creativity $ Sheraton Washington (G) $146 $166 ' ❑ $ 8S Elected Official's Guide to Service Contracting $ The Capitol Hilton (H) $141 $161 , ' Cl $ 85 Neighborhood -Based Initiatives $ The Omni Shoreham Hotel The Stouffer Mayflower Hotel U) $164 $164 I eCM 'Evmtnes Washington Hilton Hotel (K) $140 $160 I ❑p Sunday Celebrate Diversity Breakfast (S25 on -rite fee) $ Towers $215 $235 ' ' APAMO All major credit cards are accepted at the above hotels for ' room deposits and/or guarantees El Member Dues $ YOU MUST COMPLETE AND SIGN -CREDIT CARD AUTHORIZATION" ' GLBLO SECTION ABOVE. I ❑ $25 Activities Fee NBC-LEO $ Registration payments are accepted by VISA and Mastercard only. ' ❑ $50 Activities Fee $ All government purchase orders. WIMG vouchers and claims must be sub- 0 $40 Saturday Luncheon $ mined to the appropriate hotel PSP` FOUR WEEK r� J $35 Direct Member Dues $ in advance of '1 $53 Supporting Member Dues $ arrival date and are subject to approval by the hotel $-I 5 ion member (cues _— Please return this form —th your TOTAL $ registration payment to ' 'On site fee S360 after February 9 1996 "On site fee $44i after "'On February 9. 1996 NLC Conference Registration Center site fee $46i after February Q. 1996 !, 0 floc 93080 ' If pa.•mg by check make check parable for the total amount of the conference registration fees to i.ock Ro. 4Oi 3 NATIONAL LEAGUE OF CITIES k.chmond. Virginia'i_'Si ' If pai mg b% credit card. fill out the 'Credit Card .la uthorizaon' portion of this form U�cmm ght your iorm and payent • Cancellation Inters mus- rx, postmarked by Februan 9. 1906 to ' • .ill canceiianons are subject to a Si0 cancellation fee NLC Registration Center • No telephone regsirations nr cancellations will be accepted I o \ .ntage Park dune '(1i) •. • \ Inidgy Pa: k llldzd s D ` ' Fo- more :nirrmatir.r. ca:: ;he krCcnu•r REM Ph, mc( 7031 319-0I(1(I \di "I"on' u il: h.' held ,t ` OW \i a.,hinpon tiilion 1ltitiland Fowcr, " - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----J