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HomeMy WebLinkAboutAgenda CC 07.24.2018 WorkshopNotice of M eeting of the Governing B ody of the City of Georgetown, Texas J uly 24 , 20 18 The Ge orgetown City Council will meet on July 2 4, 2 018 at 3:30 PM at Council Chambers - 101 East 7th Street The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930- 3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay Texas at 7 11. REVISE D AGENDA Policy De ve lopme nt/Re vie w Workshop - A Prese ntation and discussion on the City's Co mmunity Development Block Grant Entitlement pro gram eligibility from the Departme nt o f Housing and Urban Development -- Susan Watkins, AICP, Housing Coordinator B Prese ntation, update, and discussion o n MUD and P ID Policies -- Wayne Reed, Assistant City Manager C Prese ntation, update and discussion o f the Grace Heritage Center Ope rating Agreement and Next Steps -- Laurie Brewer, Assistant City Manager. D Prese ntation, update and discussion o f the CIS P roject, including Customer Co mmunication Plan -- Leticia Zavala, Customer Care Director Exe cutive Se ssion In compliance with the Open Meetings Ac t, Chapter 551, Government Co de , Verno n's Texas Codes, Annotate d, the items listed below will be discussed in closed session and are subject to action in the regular se ssio n. E Se c . 55 1.0 71 : Consul tati on wi th Atto rney Advic e from attorney about pending o r contemplated litigation and othe r matters on which the attorney has a duty to advise the City Co uncil, including agenda items - Larison v. Georgetown - O'Bo yle v. Wellborn Se c . 55 1.0 72 : Del i berati ons about Real Pro perty - Rock Street/8th Street Se c . 55 1:0 74 : Personnel Matte r s City Manager, City Attorney, City Se c retary and Municipal Judge: Consideration of the appointment, employment, evaluatio n, reassignment, duties, discipline, o r dismissal Se c . 55 1.0 87 : Del i berati on Regardi ng Eco nomi c Devel opment Ne go ti ati ons - Pro ject Deliver Page 1 of 96 - Pro ject Legacy Adjournme nt Ce rtificate of Posting I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to the general pub lic at all times , o n the _____ day of _________________, 2018, at __________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the s cheduled time of s aid meeting. __________________________________ Shelley No wling, City S ecretary Page 2 of 96 City of Georgetown, Texas City Council Workshop July 24, 2018 SUBJECT: P resentation and discussio n on the City's Community Development Block Grant Entitlement pro gram eligibility from the Department of Housing and Urban Development -- Susan Watkins, AICP, Housing Coo rdinato r ITEM SUMMARY: The City was o ffe re d the ability to become an Entitlement City for Community Develo pment Block Grant (CDBG) funding fro m the Departme nt of Housing and Urban Development on June 27, 201 8. This would allow the city to receive funds directly from HUD instead of participating with Williamso n County. The c ity would be able to have more co ntro l over funding priorities (within HUD regulations), however we would also take o n the full administration burden that is currently handled by the County. This wo uld include c ompleting a Consolidated P lan and Impediments to Fair Housing Analysis every five ye ars, an Annual Action Plan and a Co nso lidated Annual P e rformance and Evaluation Repo rt (Attachment #1). Additionally, we would be re spo nsible for processing Environmental Reviews for other entities within the city limits that receive funding fro m other HUD pro grams, such as the Georgetown Housing Authority (GHA) and Williamson Burnet Co unty Opportunities (WBCO). The current e stimated funds that we wo uld receive on October 1 , 2019 would be $274,00 0 that could be allocated between administration and proje c ts based o n the priorities o f the P lan (Attachment #2 ). Up to 2 0% of the allo cation, or $54,800, can be spe nt on planning and administration and up to 15% o f the allocation, or $41,100, can be spent on public services, leaving $17 8,1 00 for eligible activities. We would need to have the Consolidated Plan, Annual Action P lan, and Analysis of Impe diments to Fair Housing turned into HUD by August 16, 2020 to re c e ive FY21 funding. We have participate d with the county since 2005 and the City has received between $50 ,00 0 and $392,590 in annual funds (Attachment #3). Other e ntitie s, such as Habitat for Humanity and the Boys and Girls Club have also received funds for programs in the city limits. If the city is an Entitleme nt City, they would have to re que st our funding. There are two optio ns fo r consideration: Option 1: Stay as a participant in the Williamson County CDBG program. We would continue to be eligible for funds through October 1, 2 02 2. In 2021, the city can review Entitlement Status and could start the Co nso lidated Plan to prepare for receiving direct funding for FY22/23 . Option 2: Terminate the Cooperation Agreement with the county, but defer Entitlement status until October 1, 2020, giving the city more than a year to complete all of the necessary work and review staff assignments. For FY19/20, the city could apply to the State CDBG program to receive funds for non-entitlement areas. Recommendation: Staff reco mmends continuing participatio n with the Williamson Co unty CDBG program. FINANCIAL IMPACT: The City of Ge orgetown wo uld be allocated appro ximately $27 4,000 as a direct re c ipie nt o f Co mmunity Development Block Grant funds. SUBMITTED BY: Susan Watkins, AICP, Ho using Coordinator ATTACHMENT S: Description Attachment 1 - R eq uired Plans and Do cuments Attachment 2 - Eligible Uses fo r CDBG Attachment 3 - P as t Funding Allo catio ns to C ity through Williams o n County Attachment 4 - P res entation Page 3 of 96 Page 4 of 96 Attachment #1 Description of Required CDBG Plans and Documents Five Year Consolidated Plan This plan is completed every five years. The Consolidated Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs. Analysis of Impediments to Fair Housing Choice (Affirmatively Furthering Fair Housing rule) This is completed every five years with the Consolidated Plan. This planning process helps communities analyze challenges to fair housing choice and establish their own goals and priorities to address the fair housing barriers in their community. Before the Affirmatively Further Fair Housing rule, recipients were required to complete an analysis, but there was no formal format or metrics required. The new AFFH rule sets out specific metrics to be analyzed and the format of the document approved by HUD. Annual Action Plan The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. Consolidated Annual Performance and Evaluation Report (CAPER) An annual report on accomplishments and progress toward the Consolidated Plan goals. Additional reviews/paperwork Environmental Reviews In addition to environmental review for CDBG projects, the county processes environmental review paperwork for other HUD participating entities, namely the Georgetown Housing Authority. This requirement comes with the entitlement area qualification, so HUD environmental reviews would fall to the City for the GHA and others that are within the city limits. Page 5 of 96 Attachment #2 Eligible Uses for Community Development Block Grants All CDBG funds must be used for projects that meet at least one of the following HUD national objectives: • “Benefit low to moderate-income persons (below 80% Area Median Income). Abused children, elderly persons, battered spouses, homeless persons, adults meeting Bureau of Census’ definition of severely disabled persons, illiterate adults, persons living with AIDS, and migrant farm workers qualify as Limited Clientele.” • “Eliminate slums and/or blight.” • “Meet an urgent community development need as in disaster relief.” Additionally, the funds must be used in census tracts where there is a significant portion of the households (47% or greater) that make 80% of Area Median Income or less or specific individuals/households must qualify by income. For 2018, there are eleven Census Block Groups that qualify. According to HUD, an estimated amount of $274,000 would be available October 1, 2019. Up to 20% can be used for plan administration ($54,800) • Excluding the first Consolidated Plan to become an entitlement city, the city can use these funds for consultant fees to complete the plans to requalify. • If salaries are paid in part with funds, time must be tracked and allocated to specific projects/tasks. Otherwise, the city would have to certify that the staff person only works on CDBG. Up to 15% can be used for public services ($41,100) • The funds can be used for new or existing programs, but it would to expand on an existing program, cannot replace existing funding. • If the money is allocated to a sub-recipient, the City will be responsible for making sure that the income of clients helped with the funds is documented. Page 6 of 96 Attachment #3 Past funding allocations to the City through Williamson County 2005 $85,000 Leander/Railroad Street and Utility Improvements (in conjunction with Habitat for Humanity’s Old Mill Village Development) 2006 $50,000 Continuation of Leander Street drainage 2007 $250,000 and street improvements 2008 $179,595 Completion of Leander and 22nd Street drainage and street improvements, expanded original scope to add sidewalks and drainage improvements on 22nd Street $120,000 Sidewalk from Austin Avenue to Quail Valley Drive on FM 1460 2009 $64,590 Sidewalk from West University Avenue to 17th Street on the west side of Scenic Drive 2010 $392,370 Sidewalks on portions of Scenic, 18th, Maple and Holly Streets 2011 $69,180 Sidewalks for the Madella Hilliard Center and along 8th Street 2012 $78,900 Sidewalks along the south side of University Drive from I-35 to Austin Avenue, filling in gaps along the route 2013 $79,400 Wastewater line for Georgetown Project’s NEST Homeless Teen Center $38,000 Engineering for sidewalks along MLK/3rd and 2nd Street 2014 $160,000 Sidewalk along the south side of E. 2nd Street from Austin Avenue to College Street 2015 $87,120 Sidewalk along MLK/3rd Street from Scenic to Austin 2016 $135,500 Sidewalk along Scenic Drive to connect University Ave and 6th Street 2018 $206,824 Sidewalk along 17th Street with two bus shelters In addition to the City receiving funds, other non-profit entities within the city limits are eligible to request funds from Williamson County. If the City is an Entitlement, those funds would have to come from our allocation. Other groups in Georgetown Receiving Funds from the County Boys and Girls Club for the expansion of the Georgetown Housing Authority facility o FY09/10: $232,825 Habitat for Humanity for lot acquisition o FY09/10: $150,000 o FY12/13: $140,000 o FY13/14: $140,000 o FY14/15: $100,000 Georgetown Housing Authority for upgraded electrical and housing rehabilitation o FY16/17: $166,610 o FY18/19: $282,603 Page 7 of 96 Community Development Block Group Entitlement Evaluation July 24, 2018 Page 8 of 96 Purpose •Determine if City wants to accept entitlement status 2Page 9 of 96 Agenda •Background •Entitlement Allocation from HUD •Required CDBG Plans and Documents •Options •Considerations •Staff Recommendation 3Page 10 of 96 Background •Currently apply for CDBG funds through Williamson County Cooperation Agreement •May 22 -Approval of Cooperation Agreement renewal –Signed FY2019-2021 Cooperation Agreement –Signed letter deferring CDBG entitlement status •June 26 -Williamson County FY19 award - $206,824 –17th Street sidewalk project –11.7% of County Allocation 4Page 11 of 96 Entitlement Allocation from HUD •Estimated $274,000 –20% for Administration ($54,800) –15% for Public Services ($41,100) –65% remaining for activities ($178,100) 5Page 12 of 96 Required CDBG Plans and Documents •Five Year Consolidated Plan •Assessment of Fair Housing •Annual Action Plan •Consolidated Annual Performance Evaluation Report 6Page 13 of 96 Options •Option 1: Stay as a participant in the Williamson County CDBG program. •Option 2: Terminate the Cooperation Agreement with the county, but defer Entitlement status until October 1, 2020, giving the city more than a year to complete all of the necessary work and review staff assignments. 7Page 14 of 96 Considerations for accepting Entitlement Status Pros •Plan and direct priorities 8 Cons •Administrative costs likely beyond 20% allowance •Staffing and Compliance •Less funding for City projects •Likely less funding for other entities •Funding history with County Page 15 of 96 Staff Recommendation •Option 1: Stay as a participant in the Williamson County CDBG program. Page 16 of 96 Next Steps •Return 8/14 for action Page 17 of 96 City of Georgetown, Texas City Council Workshop July 24, 2018 SUBJECT: P resentation, update, and discussion on MUD and P ID Po licies -- Wayne Reed, Assistant City Manager ITEM SUMMARY: The purpose of this item is to pro vide Council with an ove rview of the revisions to the City's Inte rim Municipal Utility District (MUD) P olicy based on Council's direction from the May 22, 2018 council worksho p and feedback fro m the Unified De velopment Code (UDC) Advisory Co mmittee's review of Sectio n 13.10 (Creation of Special Districts) of the UDC. The prese ntation will explain additional change s that have be e n made to the policy since may. The modifications are summarized in the attached Po werPo int (Attachment 1). A redline version (Attachment 2) and clean version (Attachme nt 3) of these modifications are provided. FINANCIAL IMPACT: The revisions to the Interim MUD P olicy have no dire ct fiscal impact. SUBMITTED BY: Wayne Reed, Assistant City Manager ATTACHMENT S: Description Attachment 1 - MUD Polic y CC P res entatio n Attachment 2 - R ed line - Interim MUD Po lic y - C o ns olidated Changes Attachment 3 - C lean Copy - MUD Po licy - C o ns olidated Changes Page 18 of 96 Recommended Amendments to the Interim MUD Policy City Council Workshop July 24, 2018 Page 19 of 96 Policy and UDC Review Team • David Morgan, Wayne Reed, Laurie Brewer, Jim Briggs, Jack Daly, and Seth Gipson, City Manager’s Office • Charlie McNabb, City Attorney’s Office • Sofia Nelson, Planning Department • Wesley Wright, Systems Engineering Department • Kimberly Garrett, Parks and Recreation Department • Chief Sullivan,Fire Department 3 Page 20 of 96 Presentation Overview •Part 1. Purpose of Updating MUD Policy •Part 2. Review Modifications to the Policy •Part 3. Update on the PID Policy •Part 4. Questions and Answers 4 Page 21 of 96 Part 1 Purpose of Updating MUD Policy 5 Page 22 of 96 Why are we updating the MUD Policy? Clarify Requirements for a MUD: • Quality Developments • Extraordinary Benefits • Enhanced Public Service and Safety • City Exclusive Provider • Fiscally Responsible • Finance Plan • Annexation 6 Page 23 of 96 7 Part 2 Review Modifications to the Policy Page 24 of 96 Staff Recommendation • Policy Introduction – Removed references to the purpose of the interim policy – Modified the language relating to the purpose of the policy – Removed the references to the two sections of the policy –NEW:Removed redundant language that is listed within the UDC and referenced the section of the UDC concerning Special Districts. 14 Policy Land Development Codevs. Page 25 of 96 Staff Recommendation 15 Page 26 of 96 Staff Recommendation • Policy 1. Location – Revised threshold questions (in-city versus ETJ) – In-city MUDs should be preferred due to recent changes in state law concerning annexations – Renamed Policy 1 to “Basic Requirement for Creation of MUDs” – Outlined basic requirements for the creation of a MUD. 16 Page 27 of 96 Staff Recommendation • Policy 2. Unique Factors – Continue to encourage conservation subdivision design (where appropriate), tree preservation, greenways, and trails along rivers or creeks, and partnerships on regional transportation and utility infrastructure – Minor Changes: • Applying this section to MUD amendments • Removed specific examples, summarized, and highlighted the types of improvements that constitute “unique factors” 18 Page 28 of 96 Staff Recommendation • Policy 3. Submit MUD creation petition and info. – Removed as a policy and will be required as part of process in UDC • Policy 4. Cross Departmental MUD Review Team – Removed as a policy and will be required as part of process in UDC • Policy 5. Public Services and Safety – Continue to seek fire station sites and/or SIP fees –NEW: Removed redundant language regarding street lighting that is already addressed within the UDC. 11 Page 29 of 96 Staff Recommendation –Policy 5 Modifications: 12 Page 30 of 96 Staff Recommendation • Policy 6. Utility Service Issues – Continue to require extension of utility master plan lines and granting of easements; continue to require City to be provider of water, sewer, solid waste, and electric (wherever possible) – Added language to include that the City would be the provider of utilities in the case of multiple certificated service areas 13 Page 31 of 96 Staff Recommendation • Policy 7. Debt –Bonds. Provide up to 25 years for bond maturity and 10 years for issuance between first and last bond sales. – UDC Bond Refunding Language Section 13.10.050(C)(4): Any refunding bonds of the district must provide for a minimum of 3% present value savings and that the latest maturity of the refunding bonds may not extend beyond the latest maturity of the refunded bonds unless approved by the City Council. 14 Page 32 of 96 Staff Recommendation • Policy 7. Debt –Tax Rates (Guidance) • In-city MUDs at max of $0.55/$100 AV • Out-of-city (ETJ) MUDs at $0.95/$100 AV tax rates • Allow MUDs (In-City & ETJ) to issue debt for capital infrastructure and related costs associated with on and off-site water/wastewater, roads, and parks and trails. • Removed references to “hard” and “soft” costs. 15 Page 33 of 96 Staff Recommendation • Policy 8. Future Annexation when in ETJ –NEW: Policy 8 Section A is recommended to be removed, due to restrictions outlined in the Water Code. 16 Page 34 of 96 Staff Recommendation • Policy 9. Exceed minimum UDC Development Stds – Clarified language related to age-restricted development. – Removed criteria for all MUDs to contain at least 20% nonresidential land uses; seek consistency with Future Land Use Plan – Removed criteria for portion of commercial land uses to develop in first five years of first building permit – Removed criteria for workforce housing and included language for diversity in housing 17 Page 35 of 96 Staff Recommendation • Policy 9. Exceed minimum UDC Development Stds (cont.) – Require higher architectural standards for residential and nonresidential land uses and included examples – Require a PUD Application with in-City MUDs and a Development Agreement with ETJ MUDs be submitted to memorialize development standards. – Removed items H-P because they are either addressed in other city codes or regulations, redundant with other sections of the MUD Policy or may create unintended consequences. 18 Page 36 of 96 Staff Recommendation • Policy 10. Parkland and Trails –No change. Continue to require development to exceed parkland design and development standards in the UDC • Policy 11. Transportation – Continue to require partnerships on regional transportation infrastructure consistent with the City’s OTP –NEW:modified the language concerning the Traffic Impact Analysis requirement. 19 Page 37 of 96 Staff Recommendation • New Policy added: City Operations Compensation Fee – This fee was originally housed in the UDC, and the UDCAC recommended that it be removed from the UDC and included in the Policy. – The language was further clarified, so that this fee will only be assessed on ETJ MUDs. 20 Page 38 of 96 Staff Recommendation • New Policy: City Operations Compensation Fee 21 Page 39 of 96 Next Steps • July 24 th – Adoption of the MUD Policy • Aug-Sept. 2018 – Post Draft UDC Language online for public review. • October 10 th – UDCAC Recommendation to P&Z and City Council • November 6 th – P&Z Recommendation to City Council • November 27 th – City Council 1 st Reading of Ordinance • December 11 th – City Council 2 nd Reading of Ordinance 22 Page 40 of 96 7 Part 3 PID Policy Updates Page 41 of 96 PID Policy Updates • March 27 th – Received Feedback and Direction from City Council regarding the topics that should be addressed within the policy. • June 26 th – Retained FMS Bonds to provide underwriting and advisory services on special assessment bonds. • Staff has begun drafting a PID Policy and administrative policies based on the feedback received in March and will bring back a draft policy for Council’s review and direction by early September. 24 Page 42 of 96 Questions 25 Page 43 of 96 Interim MUD Policy September 23, 2014 1 2014 Municipal Utility District Interim Policy and Implementation Manual This interim policy document is designed to bridge the gap between the current adopted Unified Development Code (UDC) provisions for consideration and formation of Municipal Utility Districts (MUD) within the City's planning jurisdiction and recent City Council discussions on timing, placement and expectations for MUDs. It is anticipated these policies will be used on an interim basis until an upcoming Municipal Annexation Plan is brought forward as addendum to the 2030 Comprehensive Plan. The City's procedural provisions in the Unified Development Code (UDC) would remain for procedures and submittal requirements and may be amended as needed. Existing UDC Section 13.10 provides the follow statements of purposes for creating a MUD. The standard s established in this section are intended to carry out the following purposes: • Encourage quality development; • Protect the water quality within all watersheds of the City; • Protect the water quality of the City's drinking water sources; • Allow the City to enforce land use and development regulations consistent with the City's comprehensive plan; • Provide for construction of infrastructure consistent with City standards and City inspection of such infrastructure; • Provide notice to residents of the district that the City may annex the district at some future time; • Facilitate cost-effective construction of infrastructure to serve the area within the district, including police and fire stations, that is consistent with City standards and plans, so that the potential financial burden on the citizens of Georgetown will be reduced, in the event of annexation of such land by the City; • Provide for extension of water and wastewater lines that will serve future growth in the City and its extraterritorial jurisdiction consistent with the City's regional utility planning. • Establish guidelines for reasonable conditions to be placed on; • Issuance of bonds by the district; and • The City's consent to creation of the district, including conditions consistent with the City's water and sewer bond ordinances regarding creation of districts that might otherwise detrimentally y compete with the City's utility systems; • Establish guidelines for other mutually beneficial agreements by the City and the district; • Provide a procedural framework for responding to an application seeking the City's consent to the creation of a district; While these existing policy statements contained in the UDC are helpful, the level of subjectivity with these statements have given rise to requests beyond what was contemplated when Section 13.10 was authored and requestors have challenged staff and City Council on these criteria. The additional language in the Interim Policy is intended to clarify how staff and City Council carries out the statements in a consistent and fair manner. The City of Georgetown finds that the purpose of a Georgetown Municipal Utility District (MUD) is to assist in closing the financial gap when a unique development is seeking to exceed minimum City standards, provide a robust program of amenities, and/or where substantial off-site infrastructure improvements are required that would serve the MUD and surrounding properties. Page 44 of 96 Interim MUD Policy September 23, 2014 2 The following interim policies and implementation actions are established in two sections. The first section includes general policies correlating existing UDC provisions with the items identified by City Council and staff to ensure a complete review of all MUD proposals, including financial analysis, as well as minimum provisions to ensure MUD development provides adequate public safety and utility services to promote minimum standards for human life, safety and public welfare. The second section includes additional policies for "unique factor" MUDs established pursuant to UDC Section 13.10.030 (B). These policies do not apply to all MUD requests, only those seeking creation due to "unique factor" criteria. 1. Policies applicable to all MUD requests: The following policies are to be used in guiding the consideration and action on requests for creation and operation of all proposed special districts, including amendments. These policies are reinforced in Section 13.10 of the UDC. POLICY 1: Retain the two threshold questions under Section 13.10.030. Basic Requirements for Creation of MUDs. • MUDs are an appropriate tool to allow urban level density neighborhoods in locations supported by the 2030 Comprehensive Plan within the city limits. The City may alternatively consider Extraterritorial Jurisdiction (ETJ) MUDs where the City may annex the property in the future. but that are outside of the ultimate city boundary where the City may annex in the future and where the City cannot provide water and wastewater service within 4 1h years. Before consenting to the creation of a district, the City Council should consider whether the creation of the district is feasible, practicable, and necessary for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City’s consent, consistent with the other considerations in this policy. A. The City’s basic requirements for creation of a MUD shall be that: 1. Quality Development. The development meets or exceeds the intent of the development, infrastructure, and design standards of City codes; 2. Extraordinary Benefits. The development provides extraordinary public benefits that advance the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial contribution, and/or enhancement of master planned infrastructure, diversity of housing, and enhanced parks, trails, open space, and recreational amenities that are available to the public; 3. Enhance Public Service and Safety. The development enhances public services and optimizes service delivery through its design, dedication of sites, connectivity, and other features. 4. City Exclusive Provider. The development further promotes the City as the exclusive provider of water, sewer, solid waste, and electric utilities; 5. Fiscally Responsible. The development is financially feasible, doesn’t impair the City’s ability to provide municipal services, and would not impose a financial burden on the citizens of Georgetown in the event of annexation; 6. Finance Plan. The developer(s) contributes financially to cover a portion of infrastructure expenses without reimbursement by the MUD or the City and as reflected in conditions placed on the issuance of bonds by the district; Page 45 of 96 Interim MUD Policy September 23, 2014 3 7. Annexation. The development will not impair the City’s future annexation of the MUD or adjacent property or impose costs not mutually agreed upon. 13.10.30 Prerequisites to Consent to Creation of a District A. Before the City Council consents to creation of a district, the following issues shall be considered in accordance with this chapter: 1. If applicable, whether the area proposed for inclusion in the district meets criteria for annexation set out in the City annexation policy and is within the City's projected ultimate city limit Boundary; [shown with red line in map below]; and 2. Whether the City will provide water and/or wastewater services to the land within the proposed district at a reasonable cost and will commence construction of facilities necessary to serve the land within 2 years and substantially y complete such construction within 41/2 years after submittal of the petition pursuant to the City policies on the extension of utility services. B. If the determination on both issues 1 and 2 above is negative, then before consenting to the creation of a district, the City Council shall consider further whether the creation of the district is feasible, practicable, necessary; for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City's consent, consistent with the other considerations in this policy. C. If the determination on either of the two issues is affirmative, then the City Council shall not consent to creation of the district unless the applicant demonstrates that unique factors justify; its creation. If appropriate under the circumstances, the City shall: 1. Commence negotiations with the owners of at least 50 percent of the land in the proposed district and a majority y of the qualified voters concerning the City's provision of water and wastewater services, upon receipt of a petition submitted by such persons in accordance with Local Government Code, Section 42.042; or 2. Commence proceedings to annex the land in the proposed district. POLICY 2: Provide examples of “unique factors justifying [MUD] creation or amendments" to guide determinations made under Section 13.10.030 in the UDC. Consistent with past Council actions, require the construction of specific regional infrastructure improvements consistent with the City's comprehensive plan and master plans and that are beneficial to the City. Examples include: a. The construction of the South San Gabriel Interceptor as part of the Water Oaks agreements opened up the land in Georgetown's southwest quadrant for development well ahead of the time that the City could have done so in the absence of those agreements. b. Cimarron Hills Wastewater Treatment Plant, built as PID and MUD allowed expansion as part of the Oaks at San Gabriel agreements. c. The contemplated bridge and parkway connection of Water Oak linking Hwy 29 and Leander Road, as there is currently no north-south connection between Ronald Reagan Blvd and Interstate 35. a. The acceleration of master planned public infrastructure improvements, including but not limited to, wastewater interceptors, treatment plants, and major transportation improvements, that not only provide a benefit to the developed property, but also to other surrounding properties. Formatted: Font: (Default) Times New Roman Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman Page 46 of 96 Interim MUD Policy September 23, 2014 4 d.b. Conservation subdivision design that clusters development in low impact areas and maintains existing topography, scenic views, natural drainage flows and wildlife habitat. e.c. Regional trail connections located across the development, as well as off-site, to link fill in gaps in the City and County trail system. POLICY 3: Submit information with the MUD creation petition that would allow the staff to perform the level City Council has directed during consideration of several recent MUD petitions. a. In addition to the items already listed in Section 13.10.040 and the information required to determine compliance with Section 13.10.050, in order to assist boards, commissions and the City Council with understanding the financing related aspects, require applications to submit the following: i. A detailed project pro-forma with assumptions of different tax rates and homes at various price points, ii. A marketing study completed within the previous six months of the date the petition indicating project feasibility based on regional market absorption rates that indicates projections in residential units per year for specific years of the development. The marketing study should include all proposed uses within the MUD. iii. A clear and understandable comparing MUD financed development to non-- MUD financed development should also be included in these submittals including projections of municipal property tax generation. iv. A copy of the petitioner's financial statement and a detailed description of the petitioner's experience with MUDs. If petitioner and developer are the not the same, provide documentation explaining the relationship between the petitioner and developer. v. Documentation that all lien holders consent to the formation of the proposed MUD. b. To streamline processing of MUD petitions, allow staff to defer comprehensive review and consideration of applications until a complete application and all supporting materials are submitted. c. Increase the application fee to a sum to allow for adequate cost recovery and that is commensurate with staffing and workload impacts necessary for evaluating MUD petitions and negotiating and drafting MUD Consent Agreements and any related agreements. POLICY 4: Agree to a cross-departmental "MUD Petition Review Team" comprised, at a minimum, of members of the planning department, utility department, finance department, parks department, public safety departments, and legal department. POLICY 5 3: Address provision of public services, and address public safety matters in the Consent Agreement: a. Require MUD to provide facilities to enhance public services and optimize locations of for service delivery. b. Require donation of land to City or ESD (as applicable) for new fire station or other public safety facility as determined by the City. c. If the City provides fire protection services within to the MUD, require payment of Fire SIP fee (or similar fee) to fund fire station construction and operations. Page 47 of 96 Interim MUD Policy September 23, 2014 5 d. Require roadway design to enhance access and reduce response times to existing developed properties located outside of the MUD. e. If located outside of the City Limits, then the MUD consent agreement may, at the City's discretion, include an interlocal agreement ("ILA") to contract with the City of Georgetown for fire, police, and solid waste services on terms acceptable to the City. f. Require adequate street lighting for vehicle and pedestrian safety. g.f. An ETJ MUD shall may provide a maintenance program approved by the City's Transportation Department that is consistent with City standards and shall should include appropriate consultation with the County Engineer. POLICY 6 4: Address utility service issues, and include those utility service provisions in the Consent Agreement: a. Require all utility facilities that service the MUD to be consistent with the Utilities Master Plan. b. Require of the MUD that the City to be the water, sewer and electric service provider where it is located within the city’s single or multiple certificated service area.unless the area is within another entity's certificated service area, or the City chooses not to require those services to be provided by the City. c. Require the cost to relocate any existing utility infrastructure to be borne by the developer and/or MUD, not the City. d. Limit cost-sharing on MUD off-site improvements to only those circumstances where the necessity for the improvement is so great that limited CIP funds are appropriate for overall system wide improvements that benefit multiple properties (i.e., regional improvements that the City can afford to participate in). e. Address water and wastewater rates. Generally, rates for in-City MUD customers should be the same as the rates for other in-City customers, and the rates for ETJ MUDs customers should be the same as for other out of City customers. f. Require specific water conservation techniques that will be used to minimize demand levels including xeriscaping, low impact development ("LID"), rainwater harvesting, grey water reuse and other strategies in consultation with GUS. g. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with City of Georgetown water conservation and drought contingency plan-related ordinances. h. For all MUDS, require impact fees to be assessed at the time of final plat approval [note: Impact fee payments are eligible for reimbursement by the M UD]. For ETJ MUDS, require payment of impact fees at the time the final plat is approved. For in-City MUDS, require payment of impact fees no later than the time of building permit issuance. However, utility capacity reservation shall not occur until impact fees are paid. i. Address rates, treatment capacity, utility and other easements necessary for City services, capacity for dwelling units, gallons per day usage for water and wastewater, water, wastewater and electric infrastructure, permitting and design, and fiscal surety. POLICY 7 5: Specify the amount of debt intended to be issued, the purpose of the debt, and the debt service schedule, and include those financial provisions in the Consent Agreement: a. Require a maximum bond issuance amount and schedule so that an opportune time for annexation can be calculated. Bonds, including refunding bonds issued by the district, shall, unless otherwise Page 48 of 96 Interim MUD Policy September 23, 2014 6 agreed to by the City, comply with the following requirements, provided such requirements do not generally render the bonds unmarketable: 1. Maximum maturity of 25 years for any one series of bonds; and a.2. The last Bond issuance shall be not later than the date that is ten (10) years after the date of the first Bond issuance. b. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees and fines of any kind. c. Establish a maximum tax rate of $0.55/$100 of assessed valuation for in-city MUDs and a maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs. b.d. For an in-city MUD, lLimit debt issuance to "hard costs" associated with capital infrastructure and related costs, for in-city and ETJ MUDs; on and off-site water and wastewater infrastructure; and possibly, depending on the financial analysis, for stormwater infrastructure; roads, bridges, and related transportation infrastructure; and parks, trails, and recreational facilities. An ETJ MUD may also issue debt for the hard costs of parks and trails facilities that will be open to the general public. Debt shall not be issued for "soft costs" such as design and engineering work, landscaping, signage, maintenance nor private amenities. c.e. To the extent possible, debt should be structured to retire nonresidential lands first so they can be annexed, if an ETJ MUD. Where multiple are MUDs are established for a large project, nonresidential lands should be included in the first MUD created. d.a. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees and fines of any kind. e.f. A table summarizing the overlapping tax rate of all existing taxing entities (city, county, school district, MUD, ESD, etc.) and the proposed MUD tax, demonstrating the total anticipated tax rate over the life of the MUD. POLICY 8 6: Address future municipal annexation of the MUD, when located in the ETJ. a. A date certain for annexation of the District shall be established in its creation documents. Upon reaching that date certain, the City retains the right to extend the annexation date or deny the annexation. The date of annexation set with the District creation shall be indicated in a disclosure statement to buyers of all properties within the District. Buyers shall be provided with the District's pro-forma in an easy-to-read, understandable format that explains to the buyer that they are buying into an obligated property and are made aware that the taxes and assessments are not imposed by the City of Georgetown and were the choice of the developer. b.a. Allow the City to set rates for water and/or sewer services for land that is in the MUD at the time of annexation that are different from rates charged to other areas of the City consistent with the provisions of Section 54.016(h) of the Water Code to compensate city for assumption of MUD debt. c.b. This section shall apply to a District created as an ETJ MUD that is annexed into the city limits. At the City's option, a "limited district" may be continued in existence after annexation to maintain amenities or services beyond what the City typically provides for neighborhoods similarly situated. In such cases an ETJ MUD shall enter into a SPA stating conditions on which MUD will be converted to a limited district that will continue to exist following full purpose annexation. Concurrently with the MUD’s confirmation election, the MUD shall hold election on proposition Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman Page 49 of 96 Interim MUD Policy September 23, 2014 7 to levy an O&M tax per Section 49.107 of the Water Code to provide funds to operate the limited district following full purpose annexation by the city; the MUD shall have no right to issue bonds until proposition to levy an O&M tax is approved. * * * * * 2. The following additional policies shall apply to "unique factor" MUD requests that do not meet the geographic eligibility established in UDC 13.10.030. POLICY 9 7: Require development in a MUD to exceed minimum UDC land use and development standards, and address the land use provisions in the Consent Agreement or related agreement: a. Require higher development and design standards for residential and nonresidential land uses to promote a superior development. Examples include, but are not limited to: 1. Enhanced architectural standards; such as higher percentages of masonry on exterior walls and variations in floor plans; and 2. Improved materials for signage, such as masonry bases. a.b. Prohibit all age-restricted development; provided, however, that one section or phase of a development may be considered for age-restricted development if it does Age restricted developments shall not exceed 10% of the net developable land area and 10% of the total housing units within the MUD. b.c. Prohibit certain other land uses such as Correctional Facility; Personal Services Restricted as defined the Unified Development Code, Chapter 16, of Title 17 of the Georgetown City Code of Ordinances, and others as determined by City Council. c. Require at least 20% of overall net developable land area to be used for commercial, office, industrial or related employment (nonresidential) uses, unless located in Low Density Residential in the City's Future Land Use Plan in which case a neighborhood- serving commercial site shall be included. d. Require at least 30% of the proposed land use area to be used for commercial/retail uses and to be developed within the first 5 years of the first building permit within the MUD. d. Ensure the City will benefit financially from commercial/retail land uses in developments with ETJ MUDs. i. All efforts should be made to exclude this commercial/retail land area from the an ETJ MUD in favor of full-purpose annexation, or a Strategic Partnership Agreement (SPA) should be required allowing the City to collect sales taxes from the area. ii. The Strategic Partnership Agreement should provide that the City is entitled to receive up to 100% of the sales taxes collected, and that none of those taxes should be shared with the MUD unless special circumstances exist. iii. City should retain site plan review to current City standards for uses other than one- and two-family residential uses. e. Require a diversity of housing offered within the district that is consistent with the Future Land Use Plan. workforce housing to be provided through a homebuyers club that includes programs Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman Page 50 of 96 Interim MUD Policy September 23, 2014 8 such as down payment assistance, preferred sales pricing, subsidized insurance premiums, ongoing financial counseling and homeowner maintenance training. The homebuyers club shall be open to all current City of Georgetown, Williamson County or Georgetown Independent School District employees at the time of closing on a property. A report shall be furnished annually to the City's Housing Coordinator outlining the workforce housing actions undertaken with the minimum programs being those identified above. f. Require public school location(s) to be provided, if desired by the applicable School District. Location(s) of school sites should be in a central, walkable location within a residential neighborhood away from a collector or arterial roadway identified in the Overall Transportation Plan (OTP). g. Require a land use plan to be attached to the Consent Agreement, and require major amendments to a MUD land use plan shall require be reviewed by the Planning & Zoning Commission and approved by the City Council. g.h. Require all in-City MUDs to submit a Planned Unit Development Application and all ETJ MUDs to submit a Development Agreement Application, concurrent with the development of a consent agreement, to memorialize development standards. h. Require gross impervious cover to be kept below the maximums allowed by the UDC. i. Require tree preservation to exceed minimum UDC standards. Where a site contains little existing tree coverage, require at least two trees of 3" caliper or greater on every single family lot and provide park and open space areas to increase gross tree canopy coverage to 40% coverage upon tree maturity. j. Require compliance with all water quality and water conservation/drought restriction ordinances with no adverse impacts to the watershed including a preliminary plan indicating existing facilities, proposed facilities and any improvements planned in the occupied site, spring and stream protection zones established by the December 20, 2013 water quality ordinance. k. Require protection and conservation of features unique to site such as clusters of trees, archaeological sites, springs, the natural floodplain, recharge and karst features and historic farm and ranch complexes. l. Require higher standards for architectural design. For example, homes with front porches at minimum 8 foot depth, 3-sides stone, stone veneer or brick masonry, variation in floor plans, and embellished architectural treatment and masonry facades on homes facing street intersection corners or major streets. m. Require submittal and City Council approval of a pattern book with a visual representation of the architectural styles of buildings including cornice lines, roof profiles, finish materials, windows and ornamentation n. Require landscaping along any roadways identified in the Overall Transportation Plan commensurate to that required for Scenic/Natural Gateways as identified in Unified Development Section 4.13. o. Require Signage consistent with UDC provisions. p. Require innovative or non-conventional subdivision design, such as conservation subdivision design, housing diversity, vertical mixed use, and/or traditional neighborhood development (TND). Page 51 of 96 Interim MUD Policy September 23, 2014 9 POLICY 10 8: Require development in a MUD to exceed UDC parkland requirements (not just meet UDC standards or less than UDC standards), and address parkland provisions in the Consent Agreement: a. Require a park or series of parks open to the general public within the MUD in the size and location approved by the Parks and Recreation Board. b. Require installation and maintenance of park facilities improvements. c. Require maintenance access to be provided, when needed. d. Require connections to regional trail network and adjacent uses such as schools. e. Require regional trail network to be a minimum of 10 feet in width. f. Require usable trailheads with off-street parking and ADA compliant trails. g. Require financial contributions to regional park facilities such as Westside Park or Garey Park (depending on the location of the MUD). h. Prohibit roads through parkland in a manner that subtracts from net usable park land. i. Require provision of security and maintenance program. j. Require protection and perpetuation of unique features on a particular site that should be maintained as open space whether for environmental, conservation or scenic views. POLICY 11 9: Address transportation issues and include transportation provisions in the Consent Agreement: a. May Rrequire completion of a Traffic Impact Analysis (TIA) and construction and/or funding of both on- and off-site improvements identified in the TIA, including roadways identified in the City's Overall Transportation Plan (OTP), pursuant to Section 12.09 of the UDC. b. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically- pleasing streetscapes consistent with the OTP and City street design standards. c. Require residential subdivisions to be designed with increased connectivity, reduced cul-de-sacs, short block lengths, additional stub outs to neighbors adjacent properties, except where developed as a conservation subdivision pursuant to Chapter 11 of the UDC. d. Require creative stormwater management and water quality solutions to be provided such as low impact development ("LID") to minimize any downstream impacts. POLICY 10: City Operations Compensation Fee A fee shall be assessed for each residential unit within a district, located within the City’s ETJ, equal to the proportion of City operations attributed to serving residents of the district. The fee shall be calculated as follows: B = Total General Fund budget for the fiscal year in which the consent application is filed. P = The estimated population of the City at the time the consent application is filed. H= The estimated average household size within the City at the time the consent application is filed. D = The percentage of City services used by district residents. This percentage shall be adopted by the City annually as a part of the City's budget adoption process. Y = Number of years of duration of the district. Page 52 of 96 Interim MUD Policy September 23, 2014 10 R = Discount rate. This rate shall be adopted by the City annually as a part of the city's budget adoption process. PV = Present Value. City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D)) Example: B = $24,000,000 P = 41,000 H = 2.8 D = 15% Y = 20 R = 6% Fee = 2,819 Miscellaneous Provisions Where not otherwise specifically addressed in this Interim Policy, the procedures in Unified Development Chapter 13 shall prevail. Page 53 of 96 MUD Policy 1 Municipal Utility District Policy The City of Georgetown finds that the purpose of a Municipal Utility District (MUD) is to assist in closing the financial gap when a development is seeking to exceed minimum City standards, provide a robust program of amenities, and/or where substantial off-site infrastructure improvements are required that would serve the MUD and surrounding properties. The following policies are to be used in guiding the consideration and action on requests for creation and operation of all proposed special districts, including amendments. These policies are reinforced in Section 13.10 of the UDC. POLICY 1: Basic Requirements for Creation of MUDs. MUDs are an appropriate tool to allow urban level density neighborhoods in locations supported by the 2030 Comprehensive Plan within the city limits. The City may alternatively consider Extraterritorial Jurisdiction (ETJ) MUDs where the City may annex the property in the future. Before consenting to the creation of a district, the City Council should consider whether the creation of the district is feasible, practicable, and necessary for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City’s consent, consistent with the other considerations in this policy. A. The City’s basic requirements for creation of a MUD shall be that: 1. Quality Development. The development meets or exceeds the intent of the development, infrastructure, and design standards of City codes; 2. Extraordinary Benefits. The development provides extraordinary public benefits that advance the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial contribution, and/or enhancement of master planned infrastructure, diversity of housing, and enhanced parks, trails, open space, and recreational amenities that are available to the public; 3. Enhance Public Service and Safety. The development enhances public services and optimizes service delivery through its design, dedication of sites, connectivity, and other features. 4. City Exclusive Provider. The development further promotes the City as the exclusive provider of water, sewer, solid waste, and electric utilities; 5. Fiscally Responsible. The development is financially feasible, doesn’t impair the City’s ability to provide municipal services, and would not impose a financial burden on the citizens of Georgetown in the event of annexation; 6. Finance Plan. The developer(s) contributes financially to cover a portion of infrastructure expenses without reimbursement by the MUD or the City and as reflected in conditions placed on the issuance of bonds by the district; 7. Annexation. The development will not impair the City’s future annexation of the MUD or adjacent property or impose costs not mutually agreed upon. POLICY 2: Provide examples of “unique factors justifying [MUD] creation or amendments" to guide determinations made in the UDC. Consistent with past Council actions, require the construction of specific regional infrastructure improvements consistent with the City's comprehensive plan and master plans and that are beneficial to the City. Examples include: Page 54 of 96 MUD Policy 2 a. The acceleration of master planned public infrastructure improvements, including but not limited to, wastewater interceptors, treatment plants, and major transportation improvements, that not only provide a benefit to the developed property, but also to other surrounding properties. b. Conservation subdivision design that clusters development in low impact areas and maintains existing topography, scenic views, natural drainage flows and wildlife habitat. c. Regional trail connections located across the development, as well as off-site, to fill in gaps in the City and County trail system. POLICY 3: Address provision of public services, and address public safety matters in the Consent Agreement: a. Require MUD to provide facilities to enhance public services and optimize locations for service delivery. b. Require donation of land to City or ESD (as applicable) for new fire station or other public safety facility as determined by the City. c. If the City provides fire protection services within the MUD, require payment of Fire SIP fee (or similar fee) to fund fire station construction and operations. d. Require roadway design to enhance access and reduce response times to properties located outside of the MUD. e. If located outside of the City Limits, then the MUD consent agreement may, at the City's discretion, include an interlocal agreement ("ILA") to contract with the City of Georgetown for fire, police, and solid waste services on terms acceptable to the City. f. An ETJ MUD may provide a maintenance program approved by the City's Transportation Department that is consistent with City standards and should include appropriate consultation with the County Engineer. POLICY 4: Address utility service issues, and include those utility service provisions in the Consent Agreement: a. Require all utility facilities that service the MUD to be consistent with the Utilities Master Plan. b. Require of the MUD that the City be the water, sewer and electric service provider where it is located within the city’s single or multiple certificated service area.. c. Require the cost to relocate any existing utility infrastructure to be borne by the developer and/or MUD, not the City. d. Limit cost-sharing on MUD off-site improvements to only those circumstances where the necessity for the improvement is so great that limited CIP funds are appropriate for overall system wide improvements that benefit multiple properties (i.e., regional improvements that the City can afford to participate in). e. Address water and wastewater rates. Generally, rates for in-City MUD customers should be the same as the rates for other in-City customers, and the rates for ETJ MUDs customers should be the same as for other out of City customers. f. Require specific water conservation techniques that will be used to minimize demand levels including xeriscaping, low impact development ("LID"), rainwater harvesting, grey water reuse and other strategies in consultation with GUS. g. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with City of Georgetown water conservation and drought contingency plan-related ordinances. Page 55 of 96 MUD Policy 3 h. For all MUDS, require impact fees to be assessed at the time of final plat approval [note: Impact fee payments are eligible for reimbursement by the M UD]. For ETJ MUDS, require payment of impact fees at the time the final plat is approved. For in-City MUDS, require payment of impact fees no later than the time of building permit issuance. However, utility capacity reservation shall not occur until impact fees are paid. i. Address rates, treatment capacity, utility and other easements necessary for City services, capacity for dwelling units, gallons per day usage for water and wastewater, water, wastewater and electric infrastructure, permitting and design, and fiscal surety. POLICY 5: Specify the amount of debt intended to be issued, the purpose of the debt, and the debt service schedule, and include those financial provisions in the Consent Agreement: a. Require a maximum bond issuance amount and schedule Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed to by the City, comply with the following requirements, provided such requirements do not generally render the bonds unmarketable: 1. Maximum maturity of 25 years for any one series of bonds; and 2. The last Bond issuance shall be not later than the date that is ten (10) years after the date of the first Bond issuance. b. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees and fines of any kind. c. Establish a maximum tax rate of $0.55/$100 of assessed valuation for in-city MUDs and a maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs. d. Limit debt issuance to capital infrastructure and related costs, for in-city and ETJ MUDs; on and off-site water and wastewater infrastructure; stormwater infrastructure; roads, bridges, and related transportation infrastructure; and parks, trails, and recreational facilities. e. To the extent possible, debt should be structured to retire nonresidential lands first so they can be annexed, if an ETJ MUD. Where multiple MUDs are established for a large project, nonresidential lands should be included in the first MUD created. f. A table summarizing the overlapping tax rate of all existing taxing entities (city, county, school district, MUD, ESD, etc.) and the proposed MUD tax, demonstrating the total anticipated tax rate over the life of the MUD. POLICY 6: Address future municipal annexation of the MUD, when located in the ETJ. a. Allow the City to set rates for water and/or sewer services for land that is in the MUD at the time of annexation that are different from rates charged to other areas of the City consistent with the provisions of Section 54.016(h) of the Water Code to compensate city for assumption of MUD debt. b. This section shall apply to a District created as an ETJ MUD that is annexed into the city limits. At the City's option, a "limited district" may be continued in existence after annexation to maintain amenities or services beyond what the City typically provides for neighborhoods similarly situated. In such cases an ETJ MUD shall enter into a SPA stating conditions on which MUD will be converted to a limited district that will continue to exist following full purpose annexation. Concurrently with the MUD’s confirmation election, the MUD shall hold election on proposition to levy an O&M tax per Section 49.107 of the Water Code to provide funds to operate the limited Page 56 of 96 MUD Policy 4 district following full purpose annexation by the city; the MUD shall have no right to issue bonds until proposition to levy an O&M tax is approved. POLICY 7: Require development in a MUD to exceed minimum UDC land use and development standards, and address the land use provisions in the Consent Agreement or related agreement: a. Require higher development and design standards for residential and nonresidential land uses to promote a superior development. Examples include, but are not limited to: 1. Enhanced architectural standards; such as higher percentages of masonry on exterior walls and variations in floor plans; and 2. Improved materials for signage, such as masonry bases. b. Age restricted developments shall not exceed 10% of the net developable land area and 10% of the total housing units within the MUD. c. Prohibit certain other land uses such as Correctional Facility; Personal Services Restricted as defined the Unified Development Code, Chapter 16, of Title 17 of the Georgetown City Code of Ordinances, and others as determined by City Council. d. Ensure the City will benefit financially from commercial/retail land uses in developments with ETJ MUDs. i. All efforts should be made to exclude commercial/retail land area from an ETJ MUD in favor of full-purpose annexation, or a SPA should be required allowing the City to collect sales taxes from the area. ii. The Strategic Partnership Agreement should provide that the City is entitled to receive up to 100% of the sales taxes collected, and that none of those taxes should be shared with the MUD unless special circumstances exist. iii. City should retain site plan review to current City standards for uses other than one- and two-family residential uses. e. Require a diversity of housing offered within the district that is consistent with the Future Land Use Plan. f. Require public school location(s) to be provided, if desired by the applicable School District. Location(s) of school sites should be in a central, walkable location within a residential neighborhood away from a collector or arterial roadway identified in the Overall Transportation Plan (OTP). g. Require a land use plan to be attached to the Consent Agreement, and require major amendments to a MUD land use plan be reviewed by the Planning & Zoning Commission and approved by the City Council. h. Require all in-City MUDs to submit a Planned Unit Development Application and all ETJ MUDs to submit a Development Agreement Application, concurrent with the development of a consent agreement, to memorialize development standards. Page 57 of 96 MUD Policy 5 POLICY 8: Require development in a MUD to exceed UDC parkland requirements (not just meet UDC standards or less than UDC standards), and address parkland provisions in the Consent Agreement: a. Require a park or series of parks open to the general public within the MUD in the size and location approved by the Parks and Recreation Board. b. Require installation and maintenance of park facilities improvements. c. Require maintenance access to be provided, when needed. d. Require connections to regional trail network and adjacent uses such as schools. e. Require regional trail network to be a minimum of 10 feet in width. f. Require usable trailheads with off-street parking and ADA compliant trails. g. Require financial contributions to regional park facilities such as Westside Park or Garey Park (depending on the location of the MUD). h. Prohibit roads through parkland in a manner that subtracts from net usable park land. i. Require provision of security and maintenance program. j. Require protection and perpetuation of unique features on a particular site that should be maintained as open space whether for environmental, conservation or scenic views. POLICY 9: Address transportation issues and include transportation provisions in the Consent Agreement: a. May require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of both on- and off-site improvements identified in the TIA, including roadways identified in the City's Overall Transportation Plan (OTP), pursuant to Section 12.09 of the UDC b. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically- pleasing streetscapes consistent with the OTP and City street design standards. c. Require residential subdivisions to be designed with increased connectivity, reduced cul-de-sacs, short block lengths, additional stub outs to adjacent properties, except where developed as a conservation subdivision pursuant to Chapter 11 of the UDC. d. Require creative stormwater management and water quality solutions to be provided such as low impact development ("LID") to minimize any downstream impacts. POLICY 10: City Operations Compensation Fee A fee shall be assessed for each residential unit within a district, located within the City’s ETJ, equal to the proportion of City operations attributed to serving residents of the district. The fee shall be calculated as follows: B = Total General Fund budget for the fiscal year in which the consent application is filed. P = The estimated population of the City at the time the consent application is filed. H= The estimated average household size within the City at the time the consent application is filed. D = The percentage of City services used by district residents. This percentage shall be adopted by the City annually as a part of the City's budget adoption process. Y = Number of years of duration of the district. Page 58 of 96 MUD Policy 6 R = Discount rate. This rate shall be adopted by the City annually as a part of the city's budget adoption process. PV = Present Value. City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D)) Example: B = $24,000,000 P = 41,000 H = 2.8 D = 15% Y = 20 R = 6% Fee = 2,819 Miscellaneous Provisions Where not otherwise specifically addressed in this Policy, the procedures in Unified Development Chapter 13 shall prevail. Page 59 of 96 City of Georgetown, Texas City Council Workshop July 24, 2018 SUBJECT: P resentation, update and discussion of the Grace He ritage Center Operating Agreeme nt and Next Steps -- Laurie Bre wer, Assistant City Manager. ITEM SUMMARY: The City currently leases the Grace Heritage Cente r, lo cated at 811 Main Street, to Preservation Georgetown (forme rly the Georgetown He ritage Society) to operate and promote history and historic tourism in Geo rgetown. The current lease is effective No vember 1 , 2 01 5 for a three year period and has an o ption to renew at the curre nt terms for an additional 3 year period. The lease provide s a 18 0 day notice period sho uld either party wish to terminate the lease. In January 2018, the Council held a wo rksho p and directed staff to wo rk with Prese rvation Ge orgetown to find ways to further ac tivate the center and discuss lease terms. Staff has met with P reservation Georgetown repre sentatives who have been working to activate the newly reno vated facility more often. Ideas were discussed to allow it to be used as additional meeting space for the City and the public during the day, with c ity staff providing support and c alendaring. The pre sentatio n provides highlights o f additional activatio n by Preservation Georgetown. Staff is seeking direction on additional lease changes that are desired by the Council. FINANCIAL IMPACT: P reservation Geo rge to wn currently pays rent to the City in quarterly payments of $97 5, fo r an annual total of $3,900 . Estimated annual maintenance cost for the facility is $1 0,2 83 , and is budgeted in the Facilities Maintenance Fund. SUBMITTED BY: Laurie Brewer, Assistant City Manager ATTACHMENT S: Description Grac e Heritage Leas e Presentatio n 2015 Lease Agreement Page 60 of 96 7/17/2018 1 City Council Workshop July 24, 2018 Grace Heritage Center Operating Agreement Location - Downtown 9 th and Main City of Georgetown Page 61 of 96 7/17/2018 2 Agenda • Background/History • Current Lease Agreement • January 2018 City of Georgetown Background/History • Grace Episcopal Church was built ca. 1881, and belonged to the congregation until 1992 • City of Georgetown acquired Grace Heritage Center in 1992 • The City and Georgetown Heritage Society partnered to move the structure and develop the property at 811 South Main Street • City of Georgetown currently owns the facility City of Georgetown Page 62 of 96 7/17/2018 3 GHS Leases • Original Lease – 1994 • Second Lease – 2000 • Third Lease – 2005 – Expired August 23, 2015 • Current Lease – expires October 2018 – 3 Year Lease with option to renew for an additional 3 year period at same terms City of Georgetown 2015 Lease Requirements • The City of Georgetown shall: – Maintain the exterior of the structure – Maintain interior, including HVAC, plumbing – Provide first right of negotiation to GHS/Preservation GT if City intends to transfer ownership City of Georgetown Page 63 of 96 7/17/2018 4 2015 Lease Requirements • Preservation Georgetown shall: – Pay $3900 in rent and maintain insurance – Provide quarterly and annual reporting – Provide exhibition, instructional, and meeting space • Minimum hours established Thr-Fri 9-5 Sun 1-4 • Operational during downtown special events City of Georgetown 2015 Lease Requirements • Preservation Georgetown shall: – Hold minimum of six public events per year related to history, tourism or culture – Provide historic brochures, publications and booklets to visitors – Be allowed to rent out property for meetings and events City of Georgetown Page 64 of 96 7/17/2018 5 January 2018 Council workshop • Renovations completed Fall 2017 • Workshop with Council January 2018 – Find ways to better activate the space – Review cost sharing on maintenance City of Georgetown Current Usage - by PG • Building is open Thursday and Friday 9 -5 staffed by PG’s part-time office manager and Sunday 1-4 with PG volunteers. • Monthly PG board meetings (3 rd Monday of the Month) • Monthly Home Tour Meetings • Monthly Preservation Grant Program Meetings City of Georgetown Page 65 of 96 7/17/2018 6 Additional activation – by PG • Preservation Grant Workshop (October 2017) • Spring Home Tour (2 nd weekend of April) GHC is a stop on the tour • Fall & Spring 3 rd Thursdays • Fall & Spring Plein Air Paint out (Partnership with the Art Center) City of Georgetown Additional activation – by PG • May artist focus on Grace Church • May Preservation Month Activities (Partnership with Main Street & Williamson County Museum) • May 1 Marker Dedication at the Lockett Building • May 17 Paint Out Artist Reception/Texas Treasurers Awards at GHC City of Georgetown Page 66 of 96 7/17/2018 7 Additional activation – by PG • GHC open for First Fridays (Live music in April & May 2018) • Christmas Stroll – GHC open with 4 vendors • Red Poppy Festival – GHC open with 4 vendors City of Georgetown Additional activation ideas • Add to city rentals available for community – Evaluate hourly rate • Utilize for city events and meetings • Comarket and branding – Website City of Georgetown Page 67 of 96 7/17/2018 8 Maintenance: Facilities Internal Service Fund City of Georgetown Location Type 2019 2020 2021 2022 2023 5 Year Lease Cost Grace Heritage Fire Extinguisher/Inspection 60 60 60 60 60 60 60 Grace Heritage Pest Extermination 290 290 290 290 290 290 290 Grace Heritage Roof Replacement 5,000 333 Grace Heritage Carpet Replacement 4,000 400 Grace Heritage Preventative Maintenance 700 700 700 700 700 700 700 Grace Heritage Parking Lot Maintenance 6,000 1,000 Grace Heritage HVAC Replacement 15,000 1,000 Grace Heritage Irrigation Inspections 1,150 1,150 1,150 1,150 1,150 1,150 1,150 Grace Heritage Irrigation Maintenance 1,300 1,300 1,300 1,300 1,300 1,300 1,300 Grace Heritage Landscape Maintenance 2,000 2,000 2,000 2,000 2,000 2,000 2,000 Grace Heritage HVAC Maintenance 2,050 2,050 2,050 2,050 2,050 2,050 2,050 10,283 Next Steps/Direction • Lease Terms with Preservation Georgetown with current terms – Continue minimum requirements related to usage and reporting – Include language regarding city being able to use as available space for public meetings • City to keep revenue to offset janitorial expense – City/PG to maintain joint calendar for scheduling City of Georgetown Page 68 of 96 7/17/2018 9 Next Steps/Direction • City continues to maintain interior&exterior – Share costs for maintenance at 50/50 • Current Rate - $3900; increase to $5100 • Deposit to ISF for maintenance • Lease terms 3-5 years – Current lease at 3 years – PG requested 5 years • Lease agreement to Council for consideration in August/September City of Georgetown Page 69 of 96 Page 70 of 96 Page 71 of 96 Page 72 of 96 Page 73 of 96 Page 74 of 96 Page 75 of 96 Page 76 of 96 Page 77 of 96 Page 78 of 96 City of Georgetown, Texas City Council Workshop July 24, 2018 SUBJECT: P resentation, update and discussion of the CIS Proje c t, including Customer Communication Plan -- Leticia Zavala, Customer Care Director ITEM SUMMARY: Staff is providing an update on the Customer Informatio n System (CIS) Project inc luding the Customer Communication P lan. The proje c t is scheduled to launch on August 6 , 20 18 . The new CIS system will allo w custome rs to receive bills via text o r email, ge t payment re minders and alerts, and have more control o ver credit card and payment data. All curre nt auto draft custo mers will need to actively engage in the launch by creating a ne w o nline account on or after August 6th at g us.geo rgeto w n.org/guspay to set up a recurring payment method to continue making automatic payments. Uti l i ty acco unts w i l l not be pai d unl e ss a new account i s set up w i th a r ecurri ng payment method! The City is committed to working with our custo mers thro ugh this transition and will suspend late fees and disconnects for the month of August 2 01 8. Between August 1st and August 6th, c re dit card payments cannot be accepted via the website or pho ne system due to the software transition. To help o ur customers, credit card payments will be manually accepted on site at the Customer Care Center located at 3 00 Industrial Avenue during this time. FINANCIAL IMPACT: none SUBMITTED BY: Leticia Zavala, Custo mer Care Director ATTACHMENT S: Description P res entation Page 79 of 96 Customer Information System (CIS) Project Update Council Workshop July 24, 2018 Page 80 of 96 Agenda •Project Background •Project Timeline •Customer Communication –Customer Action Needed -Auto Draft Customers •Bill Payment Options •Questions Page 81 of 96 Project Background •Existing CIS INCODE System –Purchased 1994 –Proprietary (COBOL based) system •Access to system data is very limited •Difficult to integrate with other software systems •Challenges with current INCODE System –Limited configuration flexibility –Required expensive customizations to interface with other systems –Required high level of manual activities to complete repetitive business processes Page 82 of 96 Project Background •New CIS System Provides… –Flexible Rate & Billing Options •Time of Use (TOU) rate structure •Commercial outdoor water tiered rate structure –By meter size, lot size, or commercial activity (NAISC code), or combination of all •Better management of non-routine service billings –Customer Relations •Capture customer interaction information •Ability to configure for campaign management programs - (Conservation) Page 83 of 96 Project Background –Business Process Efficiencies •Integration of work orders with asset management system (INFOR) which is utilized by field operations –Improving field crew automation by optimizing routes and providing real time updates •Integration of CIS with telephone IVR capabilities •Automates current manual processes & work arounds –Utility Accounts Project start TODAY Electric 24,000 26,000 Water 33,000 39,000 Overall Accounts 40,000 45,000 Page 84 of 96 Project Timeline -CIS Preparation •February 2015 –CIS Project Kick-off –Development of Request for Proposal (RFP) for CIS replacement •June 2015 –Released CIS Replacement RFP •November 2015 –Received Council approval to negotiate a contract with Itineris N.A. •May 2016 –Council awarded contract to Itineris N.A. for the acquisition, implementation, and licensing of a CIS System Page 85 of 96 Project Timeline -CIS Implementation •May 2016 -Aug 2016 –Analysis Phase •Review of business requirements & verified project scope •Sep 2016 -May 2017 –Design Phase •Development of non-standard interfaces & approval of the integrated design documents (IDDs) –17 Interfaces and 58 data point transfers (some point to point, most through middleware (BIZTALK) •June 2017 -Dec 2017 –Development Phase •Configuration of the CIS system according to approved design and IDDs Page 86 of 96 Project Timeline •Jan -Aug 2018 –Deployment Phase •Phase prior to system GO LIVE/LAUNCH including integrated system testing (IST) , user acceptance testing (UAT) and staff training PROJECT LAUNCH: August 6, 2018 •Aug -Oct 2018 –Operations Phase •Transition day to day operations of the CIS system to Georgetown. Page 87 of 96 Customer Communication •June 2018 –Newsletter article -Reporter •July 2018 •Press Release •Updated website with launch information •Utility bill insert with information on CIS launch •Letter mailed to all utility account holders via USPS •Postcards mailed to all AUTO DRAFT customers –Requesting they update account information on or after 8/6/18. •Secured dates in August for GUS Reps to be onsite to assist with portal signups and account management. –Sun City Community Association, Liberty Hill area, Florence area, Georgetown Public Library •Social Media Page 88 of 96 Customer Communication •August 2018 •Social Media •Credit card payment via website and phone system –Cannot be accepted between August 1st -August 6th •Publicize dates and venues of GUS Reps to assist customers with portal setups. (Sun City, Liberty Hill, Florence, Georgetown library) Georgetown Utility Systems will suspend late fees and disconnects for non-payment throughout the month of August 2018. Page 89 of 96 Customer Communication •AUTO DRAFT CUSTOMERS -Action is needed! •Need to set up a recurring payment method at gus.georgetown.org/guspay on or after August 6th to continue having their utility bills paid automatically each month. Page 90 of 96 On August 6th: When you click the following link: gus.georgetown.org/guspay Page 91 of 96 Page 92 of 96 123 Gus Way Page 93 of 96 Bill Payment Options –Available TODAY •24 -Hour Payment Drop Box –300 Industrial Ave (Municipal Complex) –851 FM 970, Florence TX •Regular Mail –Mail payment coupons to P.O. Box 1430, Georgetown, TX 78627 •In person at the Utility Customer Care Office –Located at the Municipal Complex @ 300 Industrial Blvd –Open Monday -Friday 8am -5pm. –Available after August 6th: (Utility account number needed) •By phone on an automated 24/7 phone line –512-930-3640 or 1-888-474-4904 •On the website at gus.Georgetown.org/guspay Page 94 of 96 Questions? Page 95 of 96 City of Georgetown, Texas City Council Workshop July 24, 2018 SUBJECT: Sec. 551.071: Consul tati on w i th Attorney Advice from attorney abo ut pending or co ntemplated litigation and o ther matters on which the attorney has a duty to advise the City Council, including agenda items - Larison v. Geo rge to wn - O'Boyle v. We llborn Sec. 551.072: De l i berati o ns about Real P roperty - Rock Street/8 th Street Sec. 551:074: Personnel Matters City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employme nt, evaluation, reassignment, duties, discipline, or dismissal Sec. 551.087: De l i berati o n Regardi ng Economi c Devel opment Negoti ati ons - P roject Deliver - P roject Legacy ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 96 of 96