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HomeMy WebLinkAboutAgenda CC 01.08.2013Notice of Meeting of the Governing Body of the City of Georgetown, Texas JANUARY 8, 2013 The Georgetown City Council will meet on JANUARY 8, 2013 at 6:00 P.M. at the Council Chambers at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports City Manager Comments - Boards and Commissions Applications - Martin Luther King Jr. Holiday - May 11, 2013 Election Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - John Gavurnik regarding lack of consistent sidewalk policy - David Shiflet regarding traffic flow into Sun City via Yellow Rose Trail Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council Meeting held on Tuesday, December 11, 2012 -- Jessica Brettle, City Secretary D Forwarded from the Airport Advisory Board: Consideration and possible action to approve the request from RA Services, LLC, dba Longhorn Jet Center, to amend the lease agreement dated March 28, 2012, to allow Tenant AVS Real Estate, LLC to operate as an FBO and to purchase and sell fuel at 301 S. Hangar Drive -- Sarah Hinton, Airport Manager and Edward G. Polasek, AICP, Transporation Services Manager E Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the city limits of 10.0 acres in the Dyches Survey for Rock Springs Hospital, located on SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew J. Spurgin, AICP, Planning Director F Consideration and possible action to approve a Resolution adopting the Articles of Amendment to the Articles of Incorporation for the Georgetown 4 A Corporation, Georgetown Economic Development Corporation (GEDCO) relating to the numbers of members on the Board of Directors -- Paul E. Brandenburg, City Manager and Bridget Chapman, Acting City Attorney Legislative Regular Agenda G Public Hearing for the voluntary annexation into the city limits of10.0 acres in the Dyches Survey for Rock Springs Hospital, located on SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director H Public Hearingand First Reading of an Ordinance for Rezoning from Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District, for 4.23 acres in the C. Stubblefield Survey, including Lot 1 of Good Luck Subdivision, to be known as Wolf Ranch North, located from 1020 to 1100 West University Avenue -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) I First Reading of an Ordinance renaming County Road 111 to “Westinghouse Road” -- Edward G. Polasek, AICP, Transportation Services Director (action required) J Consideration and possible action to award a contract for the Austin Avenue Sidewalk Widening Project to Keystone Construction, Inc. of Austin Texas for the base bid of $177,475.00 plus alternate bids of $53,400.00 for a total contract amount of $230,875 -- Mark Miller, Transportation Services Manager and Laurie Brewer, Assistant City Manager K Consideration and possible action to approve a Resolution of the City Council approving and adopting amendments to the bylaws of the City Planning and Zoning Commission -- Bridget Chapman, Acting City Attorney and Andrew Spurgin, AICP, Planning Director (action required) L Discussion and possible action to approve a Resolution supporting the addition of lettering “Home of Southwestern University” on all of the City’s gateway Monument Signs -- George Garver, Mayor and Paul E. Brandenburg, City Manager 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. M Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - LCRA Update N Sec. 551.072: Deliberation about Real Property -1460 Inner Loop Right of Way Adjournment Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2012, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary City of Georgetown, Texas January 8, 2013 SUBJECT: Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports City Manager Comments - Boards and Commissions Applications - Martin Luther King Jr. Holiday - May 11, 2013 Election Action from Executive Session ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # A City of Georgetown, Texas January 8, 2013 SUBJECT: - John Gavurnik regarding lack of consistent sidewalk policy - David Shiflet regarding traffic flow into Sun City via Yellow Rose Trail ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # B City of Georgetown, Texas January 8, 2013 SUBJECT: Consideration and possible action to approve the minutes of the Workshop and Regular Council Meeting held on Tuesday, December 11, 2012 -- Jessica Brettle, City Secretary ITEM SUMMARY: Please see attached for draft minutes. FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary ATTACHMENTS: December 11, 2012 DRAFT Workshop Minutes December 11, 2012 DRAFT Regular Meeting Minutes LSTAR Report LSTAR RFQ LSTAR 12-7-12 Board Meeting Summary LSTAR Board Meeting Calendar LSTAR Executive Committee Board Meeting Summary LSTAR 2012 Q4 Financials LSTAR 12-7-12 Board Agenda Cover Memo Item # C City Council Meeting Minutes/ Page 1 of 3 Pages Draft Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, December 11, 2012 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Danny Meigs, Rachael Jonrowe, Jerry Hammerlun, Troy Hellmann Council Absent: Bill Sattler, Tommy Gonzalez, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Chris Foster, Financial Analyst; Shelley Nowling, Assistant City Secretary; Jim Briggs, General Manager for Utilities; Laurie Brewer, Assistant City Manager Minutes Policy Development/Review Workshop - Call to order at 03:30 PM A Aging Initiative Update -- Paul E. Brandenburg, City Manager Sattler, Gonzalez, Eason absent. Brandenburg described the Aging Initiative and the goals of the group. He said, every two or three years, the City puts out its own survey but noted this one is focusing on aging in the community. He said staff had a very good meeting last Friday with Bonner and the Aging Initiative group. He said he was interested in the results from the aging survey and how it affects the City and its growth. He noted he is very excited about how the group and the City will be able to utilize the survey results moving forward. Bonner thanked Council for giving their time to the group. He said the aging initiative was brought into being with a vision of the Chisholm Trails Community Foundation. He introduced the citizens who participated in this process. He said a copy of the report of the results from the survey has been given to the Council. He gave a brief background of the survey and said they enlisted the Indiana Center on Aging to administer this survey. He noted Georgetown was the lowest in population to do the survey but has the highest percentage of people over 60 who filled out the survey. He said roughly 10% of that age group in Georgetown filled out the survey and spoke about how that is an extraordinary participation level. He said they think they have done an adequate job of canvassing the community to find out the perceived interests of that age group. He noted they hope policy makers will find this information useful. He said the next action step is the formation of five task forces in the various areas identified as areas of growing concern by the survey. He noted these areas are communication, senior community engagement, senior health, aging and place and transportation. He said they are not interested in siloing the creation of modalities called task forces that are redundant to what the city is already doing. He said they are wanting to work collaboratively to get at making Georgetown ever better for senior adults. He asked that the City post the report as a link on the website and participate with them and the ongoing work of their task forces so that the seniors of Georgetown continue to find this a place they are proud to call home. He introduced Mike Weir, who summarized some of the key findings of the survey. Mike Weir introduced himself to the Council and summarized the findings of the survey. He said, to begin with, he wanted to recognize the limitations of the survey. He said what is on the screen in front of Council is a Attachment number 1 \nPage 1 of 3 Item # C City Council Meeting Minutes/ Page 2 of 3 Pages combination of statements from the report as well as questions from the survey instrument that address those particular questions. He listed some of the topics covered in the survey. He spoke about the high participation in the survey and said, though there was a 10% response rate, it was not a random sample. He said part of the process was to have polling as well as focus groups, which confirmed what the survey reported. He said both groups noted a lack of access to public transportation their decline in private transportation use. He spoke about some of the other questions in the survey related to mobility and transportation. He said it is his hope that the task force would be able to look at other models for what the City has in Georgetown and be able to find some solutions. He said he worries that if City staff works on its own in isolation that there will be a bus route and noted he is not sure that is the solution. He spoke about the importance of having a task force participate with the City in this effort. He noted, with housing 85% of older adults own their own homes. He spoke about the housing related questions and issues contained in the survey. He said the survey reveals that the housing needs of the older community are greater than anticipated. He spoke about social engagement and how it seems women become more isolated as they age and that is not as much the case for men. He spoke about what services respondents would like to see implemented including public transportation improvements, information resources, neighbordhood alert system and affordable day care. He listed some other services as well. He said the survey also covers computer access to information. There was much discussion regarding the results of the survey. Meigs said this issue is one thing about Georgetown that is very unique and noted it is best for all entities to work together to solve some of these issue. He said the City does a huge amount in transportation, most having to do with infrastructure. Weir said he would like to see one group of people that is either led by or that has the transportation individuals from City government working with representatives from other entities dealing with the transportation issue. Hammerlun asked where the city is with respect to Georgetown moving forward with regard to public transportation. Brandenburg said it is going to be a big issue for the City in 2013 because the city will need to address what to do short term and long term. He said, during the next seven months, Council will be very engaged in this issue. He spoke about the fact that they want to make sure no one in the community falls through the cracks regarding transportation services. Polasek spoke about the city's discussions with Capital Metro about how to continue transportation services in Georgetown. He summarized the next steps in this process. Hammerlun asked and Polasek said staff will have to be back to Council with a specific plan by the spring. Hammerlun said he is glad he is aging in Georgetown because the city has the wisest people who knows gathered together to work on this. He said he appreciates the work the team is doing. He said there is a lot of momentum and energy there and it appears there is a couple of areas where the City has a natural leadership role and noted transportation is one of them. Brandenburg spoke about the City responsibility on these issues including Ed Polasek with transportation, Jennifer Bills with Housing, Kimberly Garrett with Parks and the Chiefs with public safety. Bonner said this is sweet music and noted on behalf of the working group, it seems the Council "gets it." He called this a new depth in collaborative effort. Mayor thanked Bonner and asked that he send a timetable of when the task force meeting will be held. B Update on the City’s Sales Tax revenue profile including historical information as well as sales tax revenue projections -- Micki Rundell, Chief Financial Officer and Chris Foster, Financial Analyst With a Powerpoint Presentation, Foster provided an update on the City's sales tax revenue and where that revenue comes from. He said there are about eight different sales tax categories and noted the largest is retail. He showed Council a graph of each sales tax segment and the growth in the segments. He pointed out the information segment and noted, for one quarter, it was higher than building materials. He said the City's information sector is growing while it is not in other cities. He spoke about what contributes to this sector, including data centers. He said there is a lot of population moving into this area and noted that is expected to continue. He said, because of this, the building materials sector will continue to carry Georgetown. Brandenburg said we have a lot of car dealerships here and there is an assumption that we can sales tax from vehicle which is not the case. He said the only money we get is from parts and repairs. Foster said there is a great correlation between increase of sales tax revenue and increase in inflation.He said they target between 2 and 4% each year for inflation. He reviewed the sales tax forecast and said we have been pretty good over the past few years. He noted 2012 was a 6.4% increase over last year. He said he is showing a $250,000 jump in 2013, which is a 3.11% change. Meigs congratulated Foster for his projections and noted he is happy that the City budgets conservatively. Jonrowe said he thinks it is good to be conservative but not too conservative but noted the amount over budget can not be spent on recurring items. She noted it speaks volumes about the quality of staff that the City does continue to meet such high standards. C Review of the Open Meetings Act -- Bridget Chapman, Acting City Attorney With a Powerpoint Presentation, Chapman said Eason asked for this presentation. Chapman said the purpose of the Open Meetings Act has been described by the Texas Supreme Court to protect the public interest. She summarized the various elements of the Open Meetings Act including quorum of members, public notice of Attachment number 1 \nPage 2 of 3 Item # C City Council Meeting Minutes/ Page 3 of 3 Pages meetings, managing discussions at open meetings, recording of meetings and enforcement of the act. She noted, generally, there are two types of meetings and she described those for the Council. She said a quorum is five members of the City Council or four City Council members and the Mayor. She noted the other kind of meetings are closed meetings or executive sessions. She noted the generally applicable closed session provisions are consultation with attorney, deliberation regarding real property, personnel matters, economic development negotiations, and deliberations about prospective gifts. She noted all action coming out of executive session is taken in open session. She listed the exceptions to the Open Meetings Act. She noted action taken during a meeting that is not posted correctly is voidable but can be ratified at a later meeting. She noted the criminal offense comes when a member knowingly participates in a meeting that is not posted correctly or should not be a closed meeting. She described the penalties for this offense. She said the second criminal offense under the act is conspiring to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret deliberations. She spoke about walking quorum and its definition. She noted it is rare for Texas prosecutors to seek criminal penalties for Open Meetings Act violations. She said the investigations are usually local. She noted, more importantly, it is extremely difficult to prove a violation of the Act and she described why this is so. She said, in Travis County, they have only prosecuted one open meetings act violation in the past ten years. She described the San Antonio case regarding a walking quorum and, in that case, they were indicted but the punishment was to take more open meetings act training. She spoke about the current open meetings challenge going on the the City of Austin and described the collateral damage of the Open Meetings Act violations. Chapman summarized the Governance Policy the City just recently revised. She said the Council authority is held collectively, not individually. She reviewed the summary of the Governance Policy and what it stated about the duty of the Council. She noted the Council and the Mayor shall conduct business in open meetings. She added elected officials shall not given direction or orders to staff. She noted communication between Council and staff shall be through the City Manager. She said it also requires the City Manager to coordinate meetings between staff and Council. She reviewed staff's recommendations for compliance with the Open Meetings Act. She said all City related business should be done through the City email address and she described why that is the recommended method. She continued to describe the main points of the Governance policy. Mayor asked and Chapman said the City Manager has discretion on how he will handle requests from a Council member to meet or speak with staff. Brandenburg said that issue came up during the formation of the procedures and he gave an example of how he would handle this type of situation. He said staff also needs to let him know when a meeting is taking place so that he can notify the Council. He noted all information or documents given to one Council member needs to be given to all Council members. Mayor asked and Chapman said there is not currently an enforcement provision in the policy or repercussions if these things occurred. Mayor asked and Chapman said if there was enough Council interest in a particular subject matter, there will be a Workshop. Chapman said the policy makes it the City Managers discretion as to whether or not a meeting is appropriate. There were many questions and much discussion. Meeting recessed to Executive Session under Sections 551.071 and 551.072 of the Texas Local Government Code -- 4:51PM Meeting returned to Open Session and adjourned -- 6:10PM Adjournment The meeting was adjourned at 06:10 PM. Approved : Attest: _______________________________________________ Mayor George Garver City Secretary Jessica Brettle Attachment number 1 \nPage 3 of 3 Item # C City Council Meeting Minutes/ Page 1 of 6 Pages Draft Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, December 11, 2012 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Patty Eason, Danny Meigs, Rachael Jonrowe, Jerry Hammerlun, Troy Hellmann Council Absent: Bill Sattler, Tommy Gonzalez Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Chris Foster, Financial Analyst; Jim Briggs, General Manager for Utilities; Laurie Brewer, Assistant City Manager Minutes Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order -- Mayor called the meeting to order at 6:15PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports Eason said there is a very long report from the Lone Star Rail District that is attached to this meeting's minutes. She summarized some of the high points from that report. City Manager Comments Action from Executive Session Motion by Meigs, second by Hammerlun to approve a site for a westside park and to submit an offer to purchase the property on terms discussed in Executive Session. Approved 7-0 Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. Attachment number 2 \nPage 1 of 6 Item # C City Council Meeting Minutes/ Page 2 of 6 Pages B- As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Statutory Consent Agenda The Statutory 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. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, November 27, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to authorize an agreement with Mary Ann Collins for the purchase of property located at 304 Rock Dove Lane, Georgetown, Texas, described as Lot 12, Block C, Dove Springs, Section One, a subdivision of record in Cabinet H, Slides 28-29, Plat Records, Williamson County, Texas, in the amount of $79,500.00, plus closing costs, in connection with utility operations -- Glenn Dishong, Utilities Director and Terri Glasby Calhoun, Real Estate Services Coordinator Motion by Meigs, second by Hellmann to approve the consent agenda in its entirety. Approved 5-0 (Gonzalez, Sattler absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: E Consideration and possible action to approve a proposal of $99,650 from TF Harper to construct a splash pad in the courtyard of the new Georgetown Art Center -- Michael Seery, Capital Projects Coordinator; Eric Lashley, Library Director and Laurie Brewer, Assistant City Manager Lashley described the plan for the Art Center and the construction of a splash pad in the courtyard at the corner of Main Street and 9th Street. He spoke about expanding the sidewalk one extra block and creating an attraction that would serve as a park, outdoor meeting space and attraction. He said the splash feature will be designed to use recirculating water. He said the splash pad gives the City flexibility in the fact that, when the space is needed for other activities, it can be turned off and becomes a flat surface. He described how this project will be funded. Speaker, Linda McCalla, said she wants to express the excitement the Main Street Board feels with a possibility of a splash pad. She noted it is a quality of life feature that will bring people downtown and keep people downtown for longer. She said it is a great compliment to the art center and she loves the symbolism of water and its significance to Georgetown. She said she thinks this is also something that will appeal to a broad spectrum of the community. Jonrowe asked and Lashley described the proposed plan for the center. Jonrowe asked and Lashley said the bench seating is still going to be there and will act as a buffer between the splash pad and the street. Lashley said the bench area will also hide the mechanical areas. Hammerlun asked and Lashley confirmed the unit prices have been agreed upon. Eason said she is excited this is finally happening. Motion by Meigs, second by Jonrowe to approve. Approved 5-0 (Sattler, Gonzalez absent) F Second Reading of an Ordinance levying the assessments for the cost of certain improvements in the Georgetown Village Public Improvement District #1; fixing charges and liens against the property located in Section 6 of the Georgetown Village Planned Unit Development subdivision and included in the district and against the owners thereof; providing for the collection of the assessment; providing an effective date; providing for a savings clause and repealing conflicting ordinances or resolutions -- Micki Rundell, Chief Financial Officer and Bridget Chapman, Acting City Attorney (action required) Rundell said this is the second reading of an Ordinance that levies the assessment for Georgetown Village PID #6. She said this is another section of the PID that is being annexed. She read only the caption of the Ordinance on second reading. Motion by Hammerlun, second by Jonrowe to approve the Ordinance. Approved 5-0 (Sattler, Gonzalez absent) G Second Reading of an Ordinance for Rezoning from Agriculture (AG) District to Planned Unit Development (PUD) with a base district of Residential Single-family (RS) District, for 65.603 acres in the W. Roberts, L.B. Lord and M.A. Lewis Surveys, to be known as Creekside at Georgetown Village, located on Village Commons Attachment number 2 \nPage 2 of 6 Item # C City Council Meeting Minutes/ Page 3 of 6 Pages Boulevard -- Carla Benton, Planner and Andrew Spurgin, Planning Director (action required) Hellmann recused himself from this item. Benton said this rezoning is for a residential section of Creekside at Georgetown Village. She described the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Meigs to approve the Ordinance. Hammerlun asked and Benton said the developer is working with our engineers related to traffic . Approved 4-0 (Gonzalez, Sattler absent) (Hellmann recused himself) H Second Reading of an Ordinance amending the 2012/13 Annual Operating Plan Element (budget) due to the approval of the Public Safety Compensation Study; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Micki Rundell, Chief Financial Officer (action required) Rundell explained the item and noted the amendment appropriates funds for the Public Safety Compensation Plan. She read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) I Second Reading of an Ordinance for the voluntary annexation into the city limits of 224.17 acres in the Walters Survey, to be known as Section II of the Madison at Georgetown , located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said the associated rezoning is Item J. He said the action is pursuant to the annexation schedule set by City Council on August 14. He said this is the fifth and final step for this annexation. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Mayor asked and Spurgin said 28 acres on this property will remain agriculture and that is why the acreage on Item J is less than this item. Vote on the motion: Approved 5-0 (Sattler, Gonzalez absent) J Second Reading of an Ordinance for a Rezoning from the Agriculture (AG) District to the Residential Single-family (RS) District, Multifamily (MF) District, and Local Commercial (C-1) District for 224.17 acres for the Madison at Georgetown, Section II, located on Ronald Reagan Blvd near SH 195 -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) K Second Reading of an Ordinance for a Comprehensive Plan Amendment to the Future Land Use Plan, adding a Regional Commercial node to the intersection of FM 1460 and SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said City Council recommended approval on first reading. He read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) L Second Reading of an Ordinance a Special Use Permit to allow a Psychiatric Hospital in the Industrial (IN) district on Lot 2A, Block A, of Georgetown South Industrial Park Block A Lot 2 Replat, located at 3101 S. Austin Avenue -- Valerie Kreger, AICP, Principal Planner, and Andrew Spurgin, AICP, Planning Director (action required) Attachment number 2 \nPage 3 of 6 Item # C City Council Meeting Minutes/ Page 4 of 6 Pages Spurgin reviewed the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Meigs, second by Jonrowe to approve the Ordinance. Approved 5-0 (Sattler, Gonzalez absent) M Second Reading of an Ordinance for a Special Use Permit to allow an Automobile Services, General use (collision center) in the General Commercial (C-3) District, on Lot 2, Block A, of Parkwood Plaza, located at 912 Rockmoor Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this is the special use permit to establish an automobile services use for that site. He said on first reading, the Council... He read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) N Second Reading of an Ordinance for a Rezoning from Residential Single-family (RS) District to Two-family (TF) District for Quail Meadow, Unit III, Block 10, Lot 5 of Amended Final Plat Veade Subdivision and Lot 5, and, Quail Meadow, Unit III, Block 10, Lot 4A in Block 10 of Amended Plat of Lots 2, 3, and 4, located at 2501 and 2503 Oak Lane -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Elabarger described the item and said this rezoning is for two properties on Oak Lane. He read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Hellmann said he is in opposition to this and in favor of more commercial development along Williams Drive. Approved 4-1 (Hellmann opposed) (Sattler, Gonzalez absent) O Second Reading of an Ordinance for a Rezoning from Agriculture (AG) District to Local Commercial (C-1) District for Lot 10 and the westerly 2.164 acres of Lot 9, San Gabriel Estates subdivision, to be known as Georgetown Retirement Residence, located at 3700 and 3720 Williams Drive -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Elabarger described the item and read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) P Second Reading of an Ordinance for a Rezoning from Agriculture (AG) District to Neighborhood Commercial (CN) District for Lot 11, Block 1, San Gabriel Estates subdivision, to be known as Avalon, located at 3750 Williams Drive -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Elabarger described the item and read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hammerlun to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) Q Second Reading of an Ordinance amending Chapter 2.36 of the Code of Ordinances related to the attendance policy for City Commissions, Committees and Boards -- Bridget Chapman, Acting City Attorney (action required) Chapman described the item and read only the caption of the Ordinance on second reading. Motion by Meigs, second by Hellmann to approve the Ordinance on second reading. Approved 5-0 (Sattler, Gonzalez absent) Attachment number 2 \nPage 4 of 6 Item # C City Council Meeting Minutes/ Page 5 of 6 Pages R Discussion, staff direction and possible action related to reconstitution of certain Advisory Boards enabling effective communication and recommendations to City Council -- Jim Briggs, General Manager for Utilities Briggs said this item is in preparation for the work the City has been doing with the consolidation of the City and the Chisholm Trail Special Utility District. He said staff has been working with Legal in order to prepare Ordinances to establish the composition of the various related boards. He spoke about the LGC Board and, with that, taking the opportunity to look at the other utility and transportation boards as well. He spoke about changing the transportation board into encompassing intermodal transportation elements, including the airport. He said staff is looking for direction from Council relative to Ordinances that will come to Council in January. Briggs spoke about the different ideas of consolidation and reconfiguarion of the board. He spoke about the existing GUS governance model that the City has today. He said all items go through the GUS Board which brings recommendations to Council. Mayor left the dais. He said the proposed governance model with the LGC Board is to consolidate the City and Chisholm Trail system into one functioning board. He noted this would be the water and wastewater board for the region that would cover both CCNs. He said, because of circumstances related to the City's electric operations, staff felt it pertinent to create a separate board for Electric issues. He said there would be a water board, an electric board and both current transportation boards with GTAB being consolidated with the Airport Board. He noted, therefore, there would be a GTEC Board and a GTAB Board that would discuss airport issues. He said, administratively, the City will still be supporting four boards as it is doing today. He said the proposed model for the LGC would include two rural members that would come from Chisholm Trail. He reviewed his recommendations for the members to sit on the newly created LGC board. He spoke about the many discussions Council has had on this issue. He said staff is prepared to come back to Council with the final Ordinances after the first of the year. There were many questions regarding the proposed changes to and reconstitution of the Boards. Mayor summarized the high points of the discussion. Hellmann said he likes the structure and noted everything makes sense. Jonrowe asked and Brettle spoke about how the members will be appointed to the Boards. Jonrowe asked and Briggs confirmed the Airport Board would be dissolved and then two airport members would be on the GTAB Board. No action was taken. S Consideration and possible action to approve a Resolution amending the bylaws for the Georgetown 4 A Corporation, Georgetown Economic Development Corporation (GEDCO) – Paul E. Brandenburg, City Manager and Bridget Chapman, Acting City Attorney Chapman described the item and said this Resolution would add two new citizen at large board members to the Georgetown Economic Development Corporation. She noted Council had previously said they would like for this change to be made. Motion by Meigs, second by Hellmann to approve the Resolution. Approved 5-0 (Sattler, Gonzalez absent) T Consideration and possible action to consider the appointment of a GISD Boardmember to the City of Georgetown’s Planning and Zoning Commission and direct the City Manager to send a letter to the Georgetown Independent School District -- Paul Brandenburg, City Manager Brandenburg described the item and said this is an extensive of the communication between the City and GISD. He said this item would authorize the City Manager send a letter to GISD and encourage someone to apply for a position on the Planning and Zoning Commission. He noted that member, however, must be a voting member in the Georgetown City limits. He said City Council still has the final decision on if they want to appoint any person that applied to the board. Meigs asked and Brandenburg said this would be an encouragement for a GISD board member to apply to serve, not a requirement for the board. Hammerlun thanked Brandenburg for thinking of this. Mayor asked questions regarding the proposed process. Brandenburg clarified and said they are asking for an elected Board member to apply, not just any employee within the school district. He noted, however, the Charter requirement of a Planning Board member being a voting member of the City limits will limit who can serve. Motion by Jonrowe, second by Hammerlun to approve. Approved 5-0 (Sattler, Gonzalez absent) Attachment number 2 \nPage 5 of 6 Item # C City Council Meeting Minutes/ Page 6 of 6 Pages Adjournment The meeting was adjourned at 07:27 PM. Approved : Attest: _______________________________________________ Mayor George Garver City Secretary Jessica Brettle Attachment number 2 \nPage 6 of 6 Item # C 1 Jessica Brettle From:Patty Eason <pattyse@verizon.net> Sent:Wednesday, December 12, 2012 10:46 PM To:Jessica Brettle Subject:FW: LSRD: Proposal Evaluation & Selection Committees -- 2 Committees Appointed 12-07-2012 Attachments:RFQ.On-Call Program Support Services.FINAL.pdf Importance:High Hi Jessica:  Please add this info to the minutes for Dec 11 and forward to the Mayor, CC, Paul, Ed, and Laurie.    Thanks, Patty    From: Alison Schulze [mailto:amschulze@lonestarrail.com] Sent: Monday, December 10, 2012 10:46 AM To: Tullos Wells; Dean Danos; John Langmore ; Sandy Nolte; George Antuna; George Antuna (2); Patty Eason; Sarah Eckhardt; Kim Porterfield; Carroll Schubert Cc: Sid Covington; Ross Milloy; Joe Black; Sarah Matthews; Ingrid Petty; Cindy Raleigh; Peter Einhorn Subject: LSRD: Proposal Evaluation & Selection Committees -- 2 Committees Appointed 12-07-2012 Importance: High   Lone Star Rail District Board members,    On behalf of Chairman Covington, below is a list of members the Board Chairman appointed to two committees on  Friday, Dec. 7.  Each committee will evaluate and recommend consultant teams for a current or upcoming RFQ, as  follows:     1. Evaluation & Selection Committee for On‐Call Program Support Services (e.g., identify & assist with grant  applications; review engineering plan documents and cost estimates, environmental documents, service plans;  support planning activities, etc):  Committee Members:  Sid Covington, Committee Chair;  Members:  Tullos Wells, Dean Danos, John Langmore,  Sandy Nolte  The RFQ (attached, FYI) was issued on Oct. 24, responses are due this Wed., Dec. 12.  Staff will distribute the  proposal packages on Wed., Dec. 12.  The Committee will meet in early‐ to mid‐January in San Marcos on a date to  be determined.     2. Evaluation & Selection Committee for Freight Bypass Environmental Studies/NEPA Clearance:  Committee Members:  Sid Covington, Committee Chair;  Members:  George Antuna, Patty Eason, Sarah Eckhardt,  Kim Porterfield, Carroll Schubert.    This RFQ will be issued in the very near future.  Staff is still drafting the procurement document, which will be issued  in late‐Dec. or Jan.  The Committee will meet in February.  Staff will keep you apprised of progress on the RFQ.    Many thanks for your participation on these important committees,  Alison  _________________________________ Alison M. Schulze, AICP  LONE STAR RAIL DISTRICT P.O. Box 1618  San Marcos, Texas 78667  Attachment number 3 \nPage 1 of 2 Item # C 2 512.558.7367  512.589.2709 (cell)  www.LoneStarRail.com    Attachment number 3 \nPage 2 of 2 Item # C REQUEST FOR QUALIFICATIONS from Firms to Provide On Call Program Support Services to Lone Star Rail District RESPONDENT REGISTRATION FORM RECIEPT DATE OF RFQ: _____________________________________________________ CONTACT PERSON: _________________________________________________________ ADDRESS: ____________________________________________________________________ ________________________________________________________________________________ TELEPHONE NUMBER: ______________________________________________________ EMAIL: _______________________________________________________________________ FAX NUMBER: _______________________________________________________________ DATE SENT: __________________________________________________________________ Please return this respondent registration form to Lone Star Rail District via Fax at (512) 558-7365 ATTN: Joseph Black, Rail Director Attachment number 4 \nPage 1 of 11 Item # C 2 | Page    REQUEST FOR QUALIFICATIONS from Firms to Provide On Call Program Support Services to Lone Star Rail District RFQ Issue Date: October 24, 2012 Response Due: 2:00 PM Central, December 12, 2012 Physical Address: Lone Star Rail District River House 304 N. CM Allen Parkway San Marcos, TX 78666 Attn: Joseph Black Mailing Address: Lone Star Rail District PO Box 1618 San Marcos, TX 78667 Attn: Joseph Black Attachment number 4 \nPage 2 of 11 Item # C 3 | Page    LONE STAR RAIL DISTRICT REQUEST FOR QUALIFICATIONS FROM FIRMS FOR ON CALL PROGRAM SUPPORT SERVICES Lone Star Rail District (Rail District) requests statements of qualifications from firms interested in providing the Rail District with on call program support services. The Rail District will retain said services to assist in completing its environmental and business planning work program for the LSTAR passenger rail line and freight rail urban bypass line as well as subsequent work programs within the term of the contract. The Contractor shall provide program support services on a task order basis, in support of Rail District business and environmental planning studies, including joint high capacity transit planning with Rail District partners, Union Pacific Railroad (UP) coordination and support on passenger rail joint operations studies and freight rail urban bypass studies, review of engineering plan documents, review of cost estimates and funding/financing plans, review of rail planning work products, review of environmental documents, review of service plans, identification of and application for federal and state grant and loan opportunities, assistance with preparation of program management documents such as RFQs, RFPs, and contracts, and public and agency involvement activities. Prospective respondents should note that they will be precluded from proposing in any capacity on any RFQs/RFPs that they prepare. Firms/teams submitting RFQ responses must be well established in the business of providing program support, business planning, environmental planning, engineering, cost estimation, federal and state grant writing and loan application, and rail planning services for governmental entities, especially transportation authorities and/or rail districts. Firms/teams whose primary business is located outside the state of Texas are encouraged to team with local firms in the Austin-San Antonio corridor. Twelve (12) copies of the RFQ response must be submitted no later than 2:00 PM Central on December 12, 2012. Responses received after that date and time will be considered non- responsive and will be disqualified. DESCRIPTION OF RAIL DISTRICT: The Rail District is a political subdivision of the State of Texas authorized and existing pursuant to the laws of the State of Texas, including Vernon’s Annotated Civil Statutes, Art. 6550c-1 and ratified by local governments for the purpose of planning, designing, constructing, and operating a regional intercity passenger rail system in the Austin and San Antonio corridor. The governing body of the Rail District is a Board of Directors appointed in accordance with the provisions of the State statute. Attachment number 4 \nPage 3 of 11 Item # C 4 | Page    PURPOSE OF THE RFQ: The purpose of this solicitation is to retain a firm or team of firms to assist the Rail District with on call program support services. SCOPE OF SERVICES: The Scope of Services to be provided may include the following, provided on a task order basis:  review of environmental documents which will be used to establish a single environmental document that incorporates the environmental analysis on the existing right of way to be used for passenger service and a new right of way to be used for through freight service,  identification of and application for federal and state grant and loan opportunities,  support of regional high capacity transit planning activities with Rail District partners,  support of strategic planning activities, including negotiations with Rail District partners,  support of joint rail operations planning activities with UP,  support of freight rail urban bypass studies with UP,  review of engineering plan documents,  review of cost estimates,  review of funding/financing and business plans,  review of service plans,  assistance with preparation of program management documents such as RFQs, RFPs, and contracts (consultant will be precluded from proposing in any capacity on any RFQs/RFPs that they prepare), and  support of public and agency involvement activities. RESPONSES TO THE RFQ SHALL INCLUDE THE FOLLOWING INFORMATION: Qualifications and Capabilities -  Describe the prime firm’s and all subconsultants’ qualifications. Provide a synopsis of each firm’s experience in providing program support services with particular emphasis on experience with passenger rail, freight rail, and/or other transportation-related projects, and in the area of large infrastructure projects.  Provide an overview of the firms’ technical capabilities to meet the requirements of this project.  Provide an organization chart/staffing plan identifying project management and key personnel for the prime firm and all subconsultants (if any). Designate the firm’s principal office and officer to be directly responsible for the Rail District project.  Submit resumes of key staff assigned for this project and outline their related work experience. Attachment number 4 \nPage 4 of 11 Item # C 5 | Page     Submit a Staff Guarantee Memo, over the signature of each firm’s chief executive, guaranteeing that the key personnel named in the staffing plan will be assigned to the project unless their employment is terminated. If substitutes or “backup” personnel are planned on a contingency basis, such personnel shall also be reflected in the aforementioned staffing plan and guaranteed in the same fashion.  Disclose any conflicts or potential conflicts of interest. Disclose all contractual or informal business arrangement/agreements, including fee arrangements, consulting agreements, and the nature of any legal representation, between your firm and: the Rail District staff and/or any of its Board members; any entity that provides services to the Rail District; and any governmental entity or political subdivision within the geographic area encompassed by the Rail District. Responders must comply with the Conflict of Interest disclosure policies contained in Section III of the Procurement Policy adopted by the Rail District’s Board of Directors and available at the Rail District website: http://www.lonestarrail.com/.  Provide a summary of any regulatory and legal proceedings initiated since January 1, 2006, in which the firm has been named as a respondent or defendant, including the nature of the proceeding, the claims made and resolution or current status thereof. Relevant Experience — Case Studies or Project Descriptions -  Provide no more than two (2) case studies or project descriptions wherein the firm(s) served in a program support, general planning consultant, and/or general engineering consultant role for a transportation or other large infrastructure project. Each case study or project description should list a name, address, and telephone number of client contact.  Provide no more than two (2) case studies or project descriptions wherein the firm(s) successfully secured federal and/or state grant funds for a governmental entity. Each case study or project description should list a name, address, and telephone number of client contact.  Submit references for at least three (3) clients with whom the firm(s) has worked in a professional capacity within the past five (5) years providing program support services. Project Approach -  Describe the basic approach the firm/team will use in providing the services specified in this Request. Historically Underutilized Business (HUB) Participation – The Rail District’s Procurement Policy describes its program for Historically Underutilized Business (HUB) participation. A copy of the full Procurement Policy is available at http://www.lonestarrail.com/. The Rail District’s DBE/HUB participation program is as follows: The Rail District makes a firm commitment to maximize participation by Disadvantaged Business Enterprise (DBE) and Historically Underutilized Business (HUB) in its contract opportunities. The Rail District asks that recipients of contracts involving subcontracts make reasonable efforts to award at least a percentage of the contract amount for Attachment number 4 \nPage 5 of 11 Item # C 6 | Page    participation to socially and economically disadvantaged individuals and businesses. Joint ventures with contractors are encouraged. The goal for each contract awarded to which a DBE, HUB or both is applicable shall be determined by the Rail District at the time bids or proposals are requested. The Rail District seeks to create a level playing field on which DBEs, HUBs or both can compete fairly for Rail District contracts, to help remove barriers to the participation of DBEs and HUBs and to assist in the development of firms that can compete successfully in the marketplace outside the DBE or HUB program. Adequate good faith attempts to involve HUB firm(s) must be demonstrated for an RFQ response to be considered responsive, and HUB participation will be evaluated as part of the scoring matrix. If any portion of the work is to be subcontracted to any State of Texas certified HUB firm, provide the name of the firm, the principals, a summary of the work to be performed and the percentage of the total contract. SUBMITTAL RESTRICTIONS: RFQ responses shall be limited to twenty (20) pages in length, exclusive of professional resumes, cover sheets, flyleaves, tables of content, dividers, etc., printed on two sides and double-spaced. Materials submitted in excess of the specified 20 pages will not be reviewed. Preprinted brochure material may be included in the submittal if desired and will not be counted in the 20- page maximum. CLARIFICATION OF RFQ: Should a respondent require clarification of this RFQ, the respondent may notify the Rail District in writing via e-mail in accordance with the information below. All questions must be in writing and must be received by the District no later than 5:00 p.m. on December 7, 2012. Written questions should be sent via e-mail to: Joseph Black, Rail Director, e-mail address: jblack@lonestarrail.com. Requests for clarifications, questions and comments must be clearly labeled in the e-mail subject line as: “RFQ for On Call Program Support Services: Clarification.” The Rail District is not responsible for failure to respond to a request that has not been labeled as such. Questions and Rail District responses to the questions will be distributed to all registered respondents. Attachment number 4 \nPage 6 of 11 Item # C 7 | Page    PROJECTED PROCUREMENT SCHEDULE: EVENT DATE RFQ Issued 10/24/12 Notice of RFQ Published in Austin & San Antonio newspapers, Texas Register 10/25/12 (papers), 11/2/12 (Register) RFQ Responses Due 12/12/12 Evaluation Committee Meeting(s) Week of 1/7/13 Interviews Conducted (Optional) Week of 1/14/13 Board of Directors Approves Selection 1/21/13 Contract Negotiations Initiated 1/22/13 Notice to Proceed Issued (est.) 3/1/13 CRITERIA FOR EVALUATION: The Rail District will use the following criteria to evaluate the RFQ Responses:  Qualifications, Capabilities and Relevant Experience (20 points maximum) - Qualifications of the firm, key personnel, and subcontractors, if any. The firm’s technical capabilities to meet the requirements of the contract. Location of key personnel. Specific and related experience of the firm(s) and key personnel in providing program support, GEC, and/or GPC services for a major transportation project and/or large infrastructure project.  Project Approach (40 points maximum) - Strategy to provide outlined services, including commitment to provision of key personnel under the Staff Guarantee provision.  Understanding the Rail District’s Needs (30 points maximum) - The firm’s understanding of the purpose, goals and objectives of the project.  DBE/HUB Participation (10 points maximum) SELECTION OF FIRM: The Rail District will make its selection based on demonstrated experience, knowledge, and qualifications. An evaluation and selection committee appointed by the Rail District Board Chairman will initially review the RFQ responses and provide feedback, recommendations, and/or rankings. The selection committee may make a recommendation to the Board of Directors as to a firm to select or a short-list of firms to be interviewed by the Board or the committee. The Rail District Board of Directors will make the ultimate selection of a firm or firms, if any. The Rail District has not committed itself to employ a firm, and neither the suggested Attachment number 4 \nPage 7 of 11 Item # C 8 | Page    scope of services nor the terms of an agreement should be construed to require that a firm will be employed for any or all of the services described in this RFQ. The Rail District reserves the right to make those decisions, and the decision on these matters is final. The Rail District reserves the right to negotiate services to be provided, the fees therefor, and to reject any and all proposals. COSTS OF RFQ RESPONSES: All costs directly or indirectly related to preparation of a response to this RFQ, or in any oral presentation required to supplement and/or clarify the RFQ, shall be the sole responsibility of, and shall be borne by, responding firms. RELEASE OF INFORMATION AND OPEN RECORDS: All RFQ responses shall be deemed, once submitted, to be the property of the Rail District. Response documents may be subject to public disclosure under the Texas Public Information Act (PIA). Any material deemed to be proprietary, confidential, or otherwise exempt from disclosure under the PIA shall be clearly marked as such. The Rail District will notify responders in the event a PIA request is received during the pendency of this procurement which might cover all or part of the RFQ response. DELIVERY AND DEADLINE FOR SUBMISSION OF RESPONSES: All RFQ responses shall be received by the Lone Star Rail District, River House, 304 CM Allen Parkway, San Marcos, Texas 78666, Attn: Joseph Black, no later than 2:00 p.m. CENTRAL, December 12, 2012. Twelve (12) copies of the response shall be submitted. COMPLIANCE WITH FEDERAL REGULATIONS: The contract to be awarded is funded through financial assistance from the U.S. Department of Transportation and the Texas Department of Transportation. As such, the contract must comply with all applicable federal and state regulations. DEBARMENT CERTIFICATION: The contract to be awarded is funded through financial assistance from the U.S. Department of Transportation. Therefore, responders will be required to certify that they are not debarred, suspended or otherwise excluded from participating in a federally assisted project. All prospective contractors are required to execute a “Certification of Primary Participant” form (see Attachment number 4 \nPage 8 of 11 Item # C 9 | Page    Attachment A) and a “Certification of Lower-Tier Participant” form (see Attachment B), if applicable, as part of their response. ANTI-LOBBYING: During the pendency of this procurement prospective respondents may not contact members of the Rail District Board of Directors concerning work for the Rail District. Violation of this restriction is grounds for disqualification. Attachment number 4 \nPage 9 of 11 Item # C 10 | Page    ATTACHMENT A CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSBILITY MATTERS __________________________________________________________________________ Firm Name/Principal certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this response been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local), with commission of any of the offenses enumerated in paragraph two (2) of this certification; and 4. Have not within a three-year period preceding this response had one or more public transactions (federal, state, or local) terminated for cause or default. If unable to certify to any of the statement in this certification, the participant shall attach an explanation to this certification. THE PRIMARY PARTICIPANT __________________________________________________ Primary Firm Name/Principal CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO. _______________________________________________________________ Date: _______________ Signature and Title of Authorized Officer Attachment number 4 \nPage 10 of 11 Item # C 11 | Page    ATTACHMENT B CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION __________________________________________________________________________ Firm Name/Principal certifies, by submission of this response, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If unable to certify to any of the statement in this certification, the participant shall attach an explanation to this certification. THE LOWER-TIER PARTICIPANT _______________________________________________ Firm Name/Principal CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO. _______________________________________________________________ Date: _______________ Signature and Title of Authorized Officer Attachment number 4 \nPage 11 of 11 Item # C Board Meeting    Friday, December 7, 2012 10:00 a.m. San Marcos Activity Center 501 E. Hopkins San Marcos, Texas   Agenda      1. Call to Order 2. Chairman and Member Comments 3. Items for Consent: The following items will be considered for approval by one motion. Any item may be removed from the consent motion upon request by any Board member. A. Consider Approval of September 7, 2012 Board Meeting Summary B. Consider Approval of 2013 Board Meeting Calendar C. Consider Approval of Amendment to Extend End Date of Jacobs Contract for Alternatives Analysis on Freight Bypass D. Consider Approval of Amendment to Extend End Date of Interlocal Agreement with City of Austin upon Approval by City of Austin E. Consider Approval of Financial Statement 4. Committee Report: Executive Committee Meeting October 5, 2012 5. Consider Executive Director’s Report 6. Consider and Take Appropriate Action on Amendment to McGinnis Lochridge & Kilgore Contract for Freight Rail Negotiation Services and Legal Services Related to Rail System Funding 7. Consider Report by The PFM Group on Finance Plan 8. Consider Report on 2013 Appointments to Rail District Board 9. Consider and Take Appropriate Action on Freight Planning Issues 10. Consider and Take Appropriate Action on Report on Status of Environmental and Engineering Studies on Passenger Rail Project 11. Consider Presentation by TxDOT Rail Division on Oklahoma City-South Texas Corridor Study 12. Consider Status Report by TxDOT Rail Division 13. Consider Report on Legislative Issues 14. Concluding Board Member Comments (no action taken) 15. Public Comment 16. Adjourn Attachment number 5 \nPage 1 of 1 Item # C Board Meeting Summary Friday, September 7, 2012 10:00 a.m. Hill Country Event Center 107 Centerpoint Road San Marcos, Texas 1. Call to Order Notice was duly posted and a meeting of the Lone Star Rail District Board was held on Friday, September 7, 2012. Board Chairman Sid Covington presided, noted a quorum was present, and called the meeting to order at 10:14 a.m. Participants: Sid Covington, Chairman Tullos Wells, Vice Chairman Tommy Adkisson George Antuna, Jr. Mariano Camarillo Sheryl Cole Will Conley Dean Danos Sarah Eckhardt Karen Huber Debbie Ingalsbe Sandy Nolte Kim Porterfield Other participants included Ross Milloy, Joe Black, Alison Schulze (Rail District), Bill Bingham (Rail District General Counsel), Jennifer Moczygemba (TxDOT Rail Division), and Scott Trommer (Public Financial Management). 2. Chairman and Member Comments Chairman Covington announced that San Antonio appointed Council Member Carlton Soules to represent the city on the Rail District Board. The Chairman also announced that he made assignments to the Board’s four standing committees in July, and directed the members’ attention to the list of assignments included in the agenda packet. Members who would like to volunteer on other committees or change their committee assignments should contact Chairman Covington. There were no additional comments. 3. Items for Consent A. Consider Approval of June 1, 2012 Board Meeting Summary B. Consider Approval of Contract Amendment for A3 Design C. Consider Acceptance of FY11 Audit of Lone Star Rail District D. Consider Acceptance of Risk Assessment and Monitoring Policy for Financial Functions E. Consider Approval of Financial Statement Chairman Covington noted the five consent items would be considered for approval by one motion, and any item could be removed from the consent agenda upon a Board member’s request. There was no discussion. Upon a motion by Vice Chairman Tullos Wells and second by Commissioner Karen Huber, the Board unanimously approved the consent agenda items. December 7, 2012 Board Meeting Agenda Item 3A Attachment number 6 \nPage 1 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 2 ________________________________________________________________________________________ 4. Committee Report: Finance Committee Meeting August 24, 2012 Council Member Kim Porterfield, Chair of the Finance Committee, directed the Board’s attention to the meeting summary included in the agenda packet and noted there was a great turnout by Committee members to fully vet the agenda items. Council Member Porterfield briefed the Board on the items considered on August 24:  The Committee reviewed and discussed the proposed Fiscal Year 2013 reimbursement agreement between the Rail District and the Austin-San Antonio Corridor Council. The Committee voted unanimously to approve the FY13 reimbursement policy and to forward the Committee’s recommendation for approval to the Board for action on Sept. 7. The Board will consider the reimbursement agreement under Agenda Item 7.  The Committee reviewed and discussed the proposed Fiscal Year 2013 budget and voted unanimously to recommend the Board approve the budget. The Board will consider the FY13 budget under Agenda Item 7.  The Rail District received a clean audit for FY11. The Committee heard a staff presentation on the audit and, after discussion, voted unanimously to accept the audit and recommend the Board accept the audit. The Board took action under the consent agenda, Agenda Item 3C.  Staff presented a proposed policy on risk assessment and monitoring of finance functions. Upon discussion the Committee voted unanimously to approve the policy and to forward the Committee’s recommendation to the Board for action on Sept. 7. The Board took action on the policy under the consent agenda, Agenda Item 3D. There was no discussion. Board Chairman Covington thanked Council Member Porterfield for her leadership and for ensuring the Committee fully discussed and made recommendations to the Board on all the items, which are necessary to continuing the Rail District’s operations in the coming year. 5. Consider Executive Director’s Report Ross Milloy briefed the Board on several items of interest:  Staff is working in Travis and Hays counties to secure agreements on local operations and maintenance funding. Staff made a presentation to Austin’s City Manager on August 14; a presentation to the City’s Audit and Finance Committee is scheduled for Sept. 26. In Hays County, the Rail District team is meeting with city staffs and making presentations to city councils throughout the county; the last meeting was in Kyle on August 15. Rail District staff and leadership also met with the City Manager and staff in San Antonio on June 26 to begin laying out a tax increment financing plan. The team will be setting up meetings with staff from Bexar County and VIA to involve them in development of the TIF plan. Further meetings will likely be delayed until after the November elections.  The Rail District’s financial consultants are working on the finance plan. Scott Trommer with Public Financial Management (PFM) will brief the Board under Agenda Item 13. Staff has also been meeting with Alstom, Balfour Beatty, Parsons Brinckerhoff, AECOM, Argenta group and others to discuss public-private partnership financing and opportunities. Staff also met with Michael Morris of the North Central Council of Governments to discuss potential joint analyses of development opportunities between Dallas and the Austin-San Antonio corridor.  In late July the Texas Transportation Commission awarded the Rail District $2.5 million―$2 million for the local match on the $10 million CAMPO STP-MM funds awarded for the freight bypass, and $500,000 for financial and business planning activities. The Board will consider funding for financial planning activities under Agenda Item 8.  Public engagement activities and presentations in August included the New Braunfels Chamber of Commerce Transportation Committee, August 7; a Project Connect update to representatives of the Federal Transit Administration in Austin, August 13; a panel discussion for the Project Connect North Corridor study in Round Rock, August 16; TxDOT’s IH-35 Attachment number 6 \nPage 2 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 3 ________________________________________________________________________________________ Planning and Environmental Linakges Study in San Antonio, August 16; and the San Antonio chapter of the Certified Residential Specialists, August 21.  On July 30 staff conducted an orientation work session for new Board members George Antuna, Jr., Schertz Mayor Pro Tem; Sandy Nolte, New Braunfels Council Member; and Carlton Soules, San Antonio Council Member. Mr. Milloy noted that other activities would be reported under the project-specific agenda items 6. Consider and Take Appropriate Action on Letter of Appreciation for Senator Kay Bailey Hutchison Ross Milloy reported that Board members recommended the Rail District send a letter to Senator Kay Bailey Hutchison thanking her for her years of service, her efforts on improving transportation in the state, and her assistance on behalf of the Rail District. He directed the Board’s attention to a letter included in the agenda packet, which would go out over the Board Chairman’s and Vice Chairman’s signatures. Upon a motion by Mayor Pro Tem George Antuna, Jr., and second by Board Vice Chairman Tullos Wells, the Board unanimously approved the letter of appreciation. 7. Consider and Take Appropriate Action on FY13 Austin-San Antonio Corridor Council- Lone Star District Reimbursement Agreement and FY13 Budget Ross Milloy reported the Corridor Council provides administrative staff and offices for the Rail District, and the terms for reimbursement are outlined in the reimbursement agreement. As part of the annual budget process, staff presents the agreement to the Finance Committee to review and approve the apportionment of expenses. The Fiscal Year 2013 reimbursement agreement is included in the agenda packet and the Corridor Council’s costs are reflected in the Rail District’s FY13 budget under locally funded expenses, line items 4-28. Board Chairman Covington noted the Board decided early on to use the Corridor Council for administrative functions instead of leasing stand-alone office space and hiring a large staff. The agreement with the Corridor Council reduces the administrative costs of the Rail District and is reviewed and updated each year as costs change. Alison Schulze briefed the Board on the state and federal sections of the FY13 budget. State funds are shown in line items 29-44 and the sources include the 2009/2011 appropriation from the state legislature as well as the $500,000 in State Mobility Funds awarded by the Transportation Commission in July. State funded expenses for FY13 reflect some new projects the Board will consider later in the agenda―for example, real estate/value capture consultants and financial planning, but for the most part the expenditures are focused on continuing current contracts. State funds also pay for the Rail District’s two permanent, full-time staff positions. Federal funds are shown in line items 45-60. Federal income includes two federal grants received by the Rail District in FY01 and FY06; of the original $7.7 million, $885,000 remains, and all proposed FY13 expenditures are to continue work on existing contracts. The federal STP-MM funds received from the Capital Area Metropolitan Planning Organization (CAMPO) are shown in a separate category, line items 54-60, because the MPO funds are earmarked for specific purposes― environmental studies on the passenger rail project and environmental studies on the freight rail bypass―and can’t be comingled with the Rail District’s grant funds. Ms. Schulze reported the proposed FY13 budget was presented to the Finance Committee on August 24, and the Committee unanimously recommended that the Board approve the FY13 reimbursement policy between the Austin-San Antonio Corridor Council and the Rail District, and approve the FY13 budget. Attachment number 6 \nPage 3 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 4 ________________________________________________________________________________________ Board discussion followed on the staff expenses shown under state funds, which include salaries as well as benefits, health insurance, taxes, and reimbursable expenses paid by the employees. Chairman Covington noted that a motion or recommendation from a committee doesn’t require a second, and the Board unanimously approved the FY13 reimbursement agreement and the FY13 Rail District budget. 8. Consider and Take Appropriate Action on Amendments to Jacobs Contract for Environmental Studies on Passenger Rail Alison Schulze directed the Board’s attention to the back-up material in the agenda packet, which includes a memo that summarizes the amendments. The two amendments to be considered― financial planning tasks and coordination with Union Pacific―are unrelated except that they both fall under the Jacobs Engineering contract on passenger rail studies. The first amendment would authorize the expenditure of $500,000 in state funds for financial planning tasks. The second amendment would add $100,000 to the contract so that Jacobs could continue their technical support services regarding coordination with Union Pacific. Ms. Schulze noted the Rail District was awarded $500,000 by the Transportation Commission in July specifically for financial and business planning activities. Three preliminary scopes of work are included in the agenda packet that would advance the finance plan: continuing Knudson LP’s work with local governments to secure agreements on local operations and maintenance (O&M) funding, authorizing R.L. Banks & Associates to calculate the benefits of the new freight rail bypass, and continuing Jacobs’ project management and technical (e.g., GIS and mapping) services in support of the financial team. The preliminary scopes and fee estimates exceed the $500,000 award by $15,000. Staff recommended the Board approve the $500,000 expenditure on financial planning tasks and authorize the Executive Committee to oversee and approve the final scopes of work and the allocation of funds among the three firms. The second contract amendment would continue Jacobs existing work authorization for technical support and coordination with UP. The Rail District continues to make progress with UP, but staff relies on Jacobs’ technical support to continue moving the projects forward. Staff recommended the Board authorize an amendment to add up to $100,000 to continue Jacobs’ services to support Rail District’s work with UP. Ms. Schulze summarized the staff recommendation:  That the Board approve the expenditure of $500,000 for financial planning tasks, and authorize the Executive Committee to approve the final scopes of work and oversee the allocation of the funds among the firms, and  That the Board approve adding up to $100,000 to Jacobs’ contract to continue technical support and coordination with Union Pacific, and  That the Board authorize the Board Chairman to execute the amendments including the associated interlocal agreements with TxDOT since the funding source is state funds. Board discussion followed on reducing the fee estimates on financial planning tasks to stay within the $500,000, the potential impact of the Census Bureau’s new urbanized area designations on local funding, the importance of funding the state Rail Relocation and Improvement Fund, and asking the Austin and San Antonio MPOs to pass a joint resolution of support for rail relocation funding when the two MPOs meet together on November 9. Upon a motion by Commissioner Karen Huber and second by Council Member Sandy Nolte, the Board unanimously approved the staff recommendation. Attachment number 6 \nPage 4 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 5 ________________________________________________________________________________________ 9. Consider and Take Appropriate Action on Authorizing Staff to Proceed with Procurement of Real Estate/Value Capture Consultant Services Ross Milloy reported the Board authorized staff earlier in the year to begin the procurement process for a real estate/value capture strategy team. The value of the land along the existing freight line will increase when through freight is relocated and replaced with passenger service, so the consultant team would look at the potential for capturing the increased real estate value―that is, how the land might be developed and what the total value of the real estate might be. The calculations for developing a pro forma are linked to the analyses currently being performed by Capital Market Research and Knudson LP on the TIF financing element of the financial plan, and the information from the value capture analysis would get funneled back into the financial plan. Staff initially envisioned issuing an RFP/RFQ for the services, but it would be more efficient to use the Rail District’s existing consultants who are already analyzing real estate issues rather than hiring a new team which would be delayed by a learning curve. Mr. Milloy recommended that the Board authorize up to $250,000 for the additional services to be provided by existing consultants and authorize the Board Chairman to execute an interlocal agreement with TxDOT since the funding source would be state funds. Board discussion followed on whether the consultants would analyze every station. Mr. Milloy noted the consultants would pick one station for the detailed analysis and make assumptions for the other stations. Upon a motion by Vice Chairman Tullos Wells and second by Mayor Pro Tem George Antuna, Jr., the Board voted unanimously to authorize $250,000 for real estate/value capture services to be provided by existing consultants as outlined by staff. 10. Consider and Take Appropriate Action on Authorizing Procurement Process for Environmental Studies on Freight Rail Bypass and Authorizing TxDOT Administrative Fee Alison Schulze briefed the Board on the status of securing the funding on the freight bypass environmental studies, and directed the Board’s attention to the memo in the agenda packet that outlines the issues. On December 2, 2011, the Board authorized the Board Chairman to enter into an Advance Funding Agreement (AFA) with TxDOT to access the $10 million in CAMPO STP-MM funds awarded for environmental studies on the freight bypass. In February 2012 Federal Highway Administration (FHWA) staff questioned the eligibility of the freight project for STP-MM funding. Since then the Rail District’s leadership and staff have been working with FHWA, TxDOT, and CAMPO on the eligibility issue. In August 2012 FHWA agreed the freight project is eligible since passenger service can’t be implemented until the through freight is moved; but, the Rail District must combine the passenger and freight projects in one environmental approval process, one environmental document, and one federal action. The Rail District and TxDOT will terminate the existing AFA on the passenger project and replace it with a new AFA that includes both passenger and freight funding awards. The new approach does not affect the existing contract between the Rail District and Jacobs Engineering for environmental studies on the passenger rail project. Rail District staff is working with FHWA, TxDOT and CAMPO staff to develop the final AFA. The Board’s approval in December 2011 to enter into an AFA is sufficient for the new AFA. However, the new AFA will include an administrative fee of up to $200,000 to “cover the State’s oversight activities for all off-system, federally funded projects.” Staff recommended that the Board authorize the Board Chairman to execute the necessary AFA with TxDOT, which includes payment of an administrative fee up to $200,000, and authorize staff to begin the procurement process for environmental studies on freight bypass. Attachment number 6 \nPage 5 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 6 ________________________________________________________________________________________ Board discussion followed on the purpose of TxDOT’s administrative fee; the schedule for the procurement process, which staff hopes to begin by the end of the year with consultant selection and contract negotiations anticipated in spring 2013; the status of Jacobs’ work on the passenger rail studies, and how the two environmental efforts by two different teams will be coordinated without impacting the work done to date on the passenger component. Upon a motion by Commissioner Debbie Ingalsbe and second by Board Member Dean Danos, the Board unanimously approved authorizing the Board Chairman to execute the AFA with TxDOT including payment of an administrative fee up to $200,000, and authorizing staff to begin the procurement process for environmental studies on freight bypass. 11. Consider and Take Appropriate Action on Authorizing Procurement Process for Program Management Team Ross Milloy reported that the magnitude of the combined environmental studies leads staff to recommend hiring a program management team to serve as an extension of staff to help manage the two environmental contracts and coordinate the two documents, and identify grant opportunities. Alison Schulze added that staff is managing a lot of projects, including projects with engineering cost estimates and plans, and it’s important the Rail District have an independent, objective third party to assist staff not only with the engineering components of the environmental studies but also with overseeing the federal environmental process and taking advantage of grant opportunities by developing applications for funding. A high-end estimate for the contract could be as much as $1 million over three years; the FY13 budget includes $333,000 in state funds for a program management contract pending Board approval and authorization to begin the procurement process. Joe Black noted that the contract would not be a traditional program management contract but would be an on-call type contract so that when staff needs assistance, whether it’s on engineering tasks or on grant applications, the program management team would be called on to address a specific need or task. Staff recommended the Board authorize staff to begin the procurement process for a program management team or general engineering consultant, and authorize the Board Chairman to execute the necessary interlocal agreement (IA) with TxDOT to use state funds on the contract. Board discussion followed on the type of individual or firm staff envisions for the contract; staff responded that due to the range of expertise required on the various tasks, it’s more likely that a team would be selected rather than an individual. Upon a motion by Commissioner Karen Huber and second by Mayor Pro Tem George Antuna, Jr., the Board unanimously approved the staff recommendation. 12. Consider and Take Appropriate Action on Freight Planning Issues Joe Black briefed the Board on the various elements of freight planning currently underway. On the Local Government and Stakeholder Engagement services contract, staff continues to meet bi- weekly with the Hahn,Texas team, Rail District staff, consultants, and Union Pacific representatives to coordinate messaging and to report on on-going outreach efforts. Staff has ramped up stakeholder engagement activities in San Antonio and Bexar County, developed messaging documents, and created a specific presentation for the Bexar County-San Antonio region with the cooperation of Board members from the area. Staff has met with nearly all the Tier 1 stakeholders― that is, elected officials and staff, priority stakeholders, and utility and electric suppliers in the areas most likely to be affected by the freight bypass. Staff is now beginning to meet with Tier 2 stakeholders, which include chambers of commerce and business organizations in the affected areas and elected officials and staff in the peripheral areas. Staff is also beginning outreach in Attachment number 6 \nPage 6 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 7 ________________________________________________________________________________________ Williamson County based on feedback received in stakeholder meetings. Finally, staff has received a preliminary draft study on the economic benefits of the freight relocation. On the alternatives analysis study of the freight bypass, the draft report is still under review. Bill Bingham is doing the initial review, then Mr. Black will conduct his review. Jacobs Engineering will address and incorporate the review comments in a final draft, and following a final review, staff will issue the final document that identifies viable alternatives to be taken into the environmental process. Board discussion followed on the pending meeting with officials in Guadalupe County and several Board members asked to be notified when the meeting logistics are set. Commissioner Will Conley also directed staff to meet with the farming and ranching communities in the affected counties. Mr. Black encouraged all Board members to notify staff of stakeholders who should be on the meeting list so that staff can follow up. 13. Consider and Take Appropriate Action on Report on Status of Environmental and Engineering Studies on Passenger Rail Project Joe Black reiterated that most tasks in the environmental contract are temporarily on hold pending the resolution of lead agency issues and combining the passenger and freight efforts into one environmental process; but a few tasks are on-going. One is joint operations planning with Union Pacific. Rail District staff and consultants and high-ranking officials from UP conducted a joint inspection and operations planning trip in June. As a follow up, Rail District staff and consultants met with UP engineering and network planning officials in Omaha on July 24 to debrief on the June joint inspection trip. Joint operations planning continues―UP is currently developing a network simulation model using RTC software to determine capacity and infrastructure needs to support reliable, on-time service for passenger trains while also allowing UP to continue local freight service. Rail District and Jacobs staff provided service plan and rail equipment performance planning data to UP in August to inform the rail network simulation modeling effort. The modeling will take three to four months to complete. The other on-going task is local financial planning work by Joe Lessard, Knudson LP. Work continues to secure agreements for annual local operations and maintenance (O&M) funding. The team made a joint presentation on TIFs to Austin City Manager Marc Ott on August 14, and a presentation to the Council’s Audit and Finance Committee is scheduled for September 26. In Hays County the team is beginning to meet with city staffs and making presentations to city councils; the last meeting was with Kyle city staff on August 15 to discuss alternative financial strategies for local funding. Public Financial Management (PFM), a consultant on the finance team, is working out the details of the financial and P3 strategy the Rail District will follow in coming months to begin securing capital funds for the project. Mr. Black introduced Scott Trommer, PFM, for a brief update on the status of the financial plan. Scott Trommer briefed the Board on the finance plan approach. The key objective of the effort is to develop a comprehensive funding and financing strategy for both the construction of the freight bypass as well as the construction and operation of passenger rail service. PFM, working in concert with all members of the finance team, is looking at the annual expenditures required for constructing both projects, the operating plan and operating needs for passenger service, and identifying a variety of funding sources both public and private. PFM met with the Project Connect finance team to integrate their strategy in the Rail District’s financial plan, and is also working with Joe Lessard on the evaluation of alternative operating funding strategies using TIF revenues. PFM will develop a Attachment number 6 \nPage 7 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 8 ________________________________________________________________________________________ detailed year-by-year cash flow analysis that takes a comprehensive look at each source of funds, identifies gaps, and identifies funding sources to close the gaps. At this point in the process PFM is developing a financial planning model that will be used to craft planning scenarios in an iterative process. PFM will present a conceptual level baseline financial plan by the end of the year, and then continually update the plan as new data becomes available. Once the model is constructed, PFM will rank alternative scenarios for the Rail District to consider and establish a blueprint for a financing strategy. Once a preferred baseline financial strategy is identified, PFM will begin informal discussions with the private sector on the elements that could be potential public-private partnership opportunities. Board discussion followed on the viability of the federal TIFIA program, which was expanded with the adoption of MAP-21, the reauthorized federal surface transportation program. TIFIA loans can now fund up to 49% of project costs; it previously was capped at 33%. 14. Consider Status Report by TxDOT Rail Division Jennifer Moczygemba, TxDOT Rail Division, briefed the Board on the Rail Division’s on-going projects:  The Rail Division is making presentations on the Oklahoma City-South Texas Corridor Study to the MPOs in the I-35 corridor as well as the My 35 Committee and the affected I-69 Committees. Ms. Moczygemba stated she would like to give the same presentation to the Rail District Board in December. The contract with CH2MHill should be signed within the month and the project should be underway shortly thereafter.  The Rail District is using state funds on several contracts. The funds are contingent on rolling over the state appropriation to the next biennium. If legislature doesn’t roll over the funds, the money won’t be available to the Rail District.  Ms. Moczygemba said she would look into the TxDOT administrative fee on the CAMPO funds. To date, the Rail Division has waived the administrative fee on previous Rail District AFAs.  The statewide ridership analysis is moving forward. The model should be done in November. TxDOT will meet with corridor planners before the end of the year to discuss the methodologies used and how the statewide analysis can be used at the corridor level.  The Dallas/Ft. Worth – Houston project is moving forward. TxDOT met with the Federal Railroad Administration on the scope of work and contract issues.  TxDOT has an interagency contract with the Texas Transportation Institute to provide support in various areas such as surveys, general outreach, and website development. Board Chairman Covington asked if TxDOT had included funding for the Rail Relocation and Improvement Fund in its legislative appropriations request (LAR). Ms. Moczygemba stated funding for rail relocation was in the original LAR, but it has been through several iterations and she didn’t know if it was still in the LAR. She encouraged Board members to contact TxDOT’s administration to ensure the funding request remains in the LAR. The original request was either $50 million or $100 million per year. TxDOT is developing the project prioritization process, which has to be in place before rail relocation funds can be distributed. 15. Consider Report on Legislative Issues, Ross Milloy reported he developed a legislative agenda for the Rail District for the upcoming session. There’s not enough money in the budget for all the legislative work that needs to be done, and he will try to raise the additional funds through other avenues. Mr. Milloy also encouraged all Board members and member jurisdictions to support the Rail District’s priorities in their own legislative programs: The Rail District’s 4-part agenda includes: 1) funding for the Texas Rail Relocation and Improvement Fund, 2) protect and extend any unspent funds from the $8.7 million appropriation, and protect and extend the existing $50 million appropriation to be used as state Attachment number 6 \nPage 8 of 9 Item # C Lone Star Rail District Board Meeting September 7, 2012 Page 9 ________________________________________________________________________________________ matching funds for federal dollars, 3) get a $2 million appropriation to replace the toll credit match with cash on the passenger rail environmental studies, and 4) $46 million for preliminary engineering and final design on freight bypass project. Commissioner Adkisson urged Mr. Milloy to share his list of priorities with all elected officials in the Austin-San Antonio Corridor. 16. Concluding Board Member Comments (no action taken) Chairman Covington announced the next meeting would be a meeting of the Executive Committee on October 5. The meeting will either be at the San Marcos Activity Center or by conference call, depending on the nature of the agenda items. The next Board meeting will be December 7 at the San Marcos Activity Center. There were no additional comments. 17. Public Comment There were no public comments. 18. Adjourn Chairman Covington adjourned the meeting at 11:56 a.m. Attachment number 6 \nPage 9 of 9 Item # C Board of Directors 2013 MEETING DATES Date Day Time Location1 BOARD MEETINGS March 1, 2013 1st Friday 10:00 am Activity Center San Marcos June 7, 2013 1st Friday 10:00 am Activity Center San Marcos September 6, 2013 1st Friday 10:00 am Event Center San Marcos December 6, 2013 1st Friday 10:00 am Activity Center San Marcos EXECUTIVE COMMITTEE MEETINGS No meeting in January February 1, 2013 1st Friday 10:00 am Activity Center San Marcos March 1, 2013 1st Friday Board meeting (see above) April 5, 2013 1st Friday 10:00 am Activity Center San Marcos May 3, 2013 1st Friday 10:00 am Activity Center San Marcos June 7, 2013 1st Friday Board meeting (see above) July 12, 2013 2nd Friday 10:00 am Activity Center San Marcos August 2, 2013 1st Friday 10:00 am Activity Center San Marcos September 6, 2013 1st Friday Board meeting (see above) October 4, 2013 1st Friday 10:00 am Activity Center San Marcos November 1, 2013 1st Friday 10:00 am Activity Center San Marcos December 6, 2013 1st Friday Board meeting (see above) 1 Meeting Locations Activity Center: San Marcos Activity Center, 501 E. Hopkins, San Marcos, TX Event Center: Hill Country Event Center, 107 Centerpoint Road, San Marcos, TX December 7, 2012 Board Meeting Agenda Item 3B Attachment number 7 \nPage 1 of 1 Item # C Executive Committee Meeting Friday, October 5, 2012 10:00 a.m. Locations: McGinnis Lochridge & Kilgore, 600 Congress Ave., Suite 2100, Austin, Texas Georgetown City Hall, 113 E. 8th Street, Georgetown, Texas Bracewell & Giuliani, 106 S. St. Mary’s Street, Suite 800, San Antonio, Texas Austin-San Antonio Corridor Council, 304 N. CM Allen Parkway, San Marcos, Texas Participants: Austin: Sid Covington, Chairman, Executive Committee Sarah Eckhardt, Executive Committee member Ross Milloy, Lone Star Rail District Interim Executive Director Jennifer Moczygemba, TxDOT Rail Division Georgetown: Patty Eason, Executive Committee member San Antonio: Tullos Wells, Vice Chairman, Executive Committee Mary Briseño, Executive Committee member San Marcos: Kim Porterfield, Executive Committee member Carroll Schubert, Executive Committee member Joe Black, Lone Star Rail District Alison Schulze, Lone Star Rail District Sarah Matthews, Lone Star Rail District interim staff Remote locations: Brad Davis (Dallas); Rob Maxwell, Gill Saunders (Austin); Jacobs Engineering 1. Call to order Executive Committee Chairman Sid Covington announced the regularly scheduled meeting of the Committee was being held by conference call. Chairman Covington called the meeting to order at 10:02 a.m. and announced the meeting of the Executive Committee was being conducted via teleconference call pursuant to Chapter 551 of the Texas Government Code, Open Meetings Act ; Article 6550c-1, section 3A; and the bylaws of the Rail District. He called the roll for Committee members, noted a quorum was present, and stated the meeting was being conducted at four locations, the meeting was open to the public, and the public could attend and participate at any of the posted locations. Chairman Covington then asked all attendees at each posted location and at remote locations to identify themselves for the purpose of recording the meeting. Following the introductions, the Chairman reminded each location to circulate the sign-in sheet and ask all attendees to sign in for the meeting record. 2. Chairman and Member Comments Board Chairman Covington reported that he and Alison Schulze made a presentation on October 2 to Union Pacific’s Community Advisory Panel (CAP) in San Antonio. The CAP has several new members, the update was well received, and UP and the CAP are very supportive of the project. There were no other comments. December 7, 2012 Board Meeting Agenda Item 4 Attachment number 8 \nPage 1 of 4 Item # C Lone Star Rail District Executive Committee Meeting October 5, 2012 Page 2 ________________________________________________________________________________________ 3. Consider Approval of May 4, 2012 Executive Committee Meeting Summary Upon a motion by Vice Chairman Tullos Wells and second by Council Member Patty Eason, the Executive Committee unanimously approved the May 4 meeting summary. 4. Consider Executive Director’s Report Ross Milloy briefed the Committee on recent activities:  Financial planning tasks are moving forward. Public Financial Management (PFM), Rail District staff and various consultants meet bi-weekly by conference call to coordinate elements of the financial plan. Staff anticipates presenting a draft plan to the Board in December.  Staff is developing an RFQ for on-call program management services, which the Board approved in September. The draft document is under internal review. Staff plans to issue the RFQ by the end of the year.  On November 9, the Austin and San Antonio MPOs will hold a joint meeting of their policy boards at the City of San Marcos Conference Center at the Embassy Suites Hotel in San Marcos. Immediately following the joint MPO meeting, the Austin-San Antonio Corridor Council will host a legislative priorities luncheon, also at the Conference Center in San Marcos.  Public engagement opportunities and presentations in September included the San Antonio Hispanic Chamber of Commerce on Sept. 10, the Austin Area Research Organization on Sept. 10, the San Marcos Transportation Committee on Sept. 11, and the Texas Economic Development Association on Sept. 25. Rail District staff also participated in Project Connect North presentations to Eggers Neighborhood Association in Round Rock on Sept. 18 and to Sustainable Neighborhoods of North Austin on Sept. 20.  Joe Black attended the APTA annual meeting on October 1-2 and met with representatives from Keolis, RATP Dev, and Bombardier. Mr. Milloy noted that other staff activities would be reported under the project-specific agenda items to follow. 5. Consider and Take Appropriate Action on Amendments to Jacobs Contract for Passenger Rail Environmental Studies for Financial Planning Tasks Alison Schulze directed the Committee’s attention to material included in the agenda packet―a cover memo with an overview of the contract issues and scopes of work for Jacobs Engineering and two of its subconsultants, R.L. Banks and Associates (RLBA) and Knudson LP. On September 7, the Board approved an expenditure of $500,000 in state funds for financial planning tasks and authorized the Executive Committee to oversee the allocation of funds among the financial planning firms. The final scopes of work and fee estimates include $100,000 for Jacobs for financial planning support, GIS and mapping, and project management; $160,000 for RLBA for calculating benefits of the freight relocation project in order to advance the development of funding options; and $240,000 for Knudson LP to continue Joe Lessard’s work program with local jurisdictions on options for funding annual operations and maintenance (O&M) costs. Staff recommended the Executive Committee (1) authorize staff to develop contract amendments for additional financial planning services, as follows: add $100,000 for Jacobs Engineering, add $160,000 for RLBA, and add up to $240,000 for Knudson, LP, and (2) authorize the Board Chairman to execute the contract documents and the associated interlocal agreement with TxDOT to use state funds on the contract. Upon a motion by Commissioner Sarah Eckhardt and second by Council Member Kim Porterfield, the Committee unanimously approved the staff recommendation. Attachment number 8 \nPage 2 of 4 Item # C Lone Star Rail District Executive Committee Meeting October 5, 2012 Page 3 ________________________________________________________________________________________ 6. Consider and Take Appropriate Action on Freight Planning Issues Joe Black briefed the Committee on the freight planning projects currently underway. The Freight Bypass Alternative Alignments/Fatal Flaw Analysis conducted by Jacobs Engineering is nearing completion. The final draft report has been reviewed by Bill Bingham, Jacobs is addressing Mr. Bingham’s comments, Mr. Black will conduct the final review, and then the final report will be issued. The report identifies alignments that will be taken forward into environmental analysis process, which staff hopes to begin in early 2013. On the Local Government and Stakeholder Engagement Services contract, LSRD staff, consultants and Union Pacific representatives continue to meet bi-weekly to coordinate messaging and ongoing outreach efforts. Meetings with Tier 1 stakeholders―elected officials and staff in the study area―are complete and staff is now meeting with Tier 2 stakeholders―chambers of commerce, civic organizations, etc. There is a lot of interest in Bexar County and staff is ramping up the outreach effort on the south end of the corridor with a new presentation geared specifically to the greater San Antonio area and focused more on the larger message and the project’s benefits than the previous more-technical presentation. On the freight bypass environmental studies, staff anticipates issuing an RFQ/RFP before the end of the year and selecting a contractor in early 2013. Alison Schulze reported the Rail District is working with TxDOT and FHWA staff to finalize the Advance Funding Agreement for the bypass environmental studies and hopes to execute the AFA in October. Committee discussion followed on the new presentation which targets a higher level, less technical audience and concentrates the message on the purpose of the project and its regional benefits; and on the status of meetings with individual elected officials in Travis County regarding the Rail District’s tax-increment financing (TIF) initiatives. Commissioner Eckhardt suggested that scheduling meetings would become easier after the November election. 7. Consider and Take Appropriate Action on Environmental and Engineering Studies on Passenger Rail Project Joe Black reported the environmental studies remain on hold while staff works to combine the passenger rail and freight rail environmental studies into one process, which should help resolve the lead agency issue. In the meantime, two activities continue to move forward. The first is Union Pacific joint operations planning. Rail District and Jacobs staff held a design charrette to look at UP’s desired infrastructure additions in the existing rail corridor; the purpose was to identify cost- effective solutions. During the charrette, staff also looked at the feasibility of using UP’s Mainline 2 (ML2) instead of Mainline 1 in the Schertz area. Use of ML2 would avoid a large industrial area of rock quarries and the associated truck traffic that serves the quarries. ML2 would also better serve Schertz’s plans for a proposed large-scale, transit-oriented development in north Schertz. The second on-going activity is local O&M funding discussions. Joe Lessard continues to reach out to local governments, but progress has been to subject to budget processes, political processes, and the upcoming election in November. The next major meeting is with the City of Austin’s Audit and Finance Committee of the Council in October Regarding Project Connect, the CAMPO Transit Working Group (TWG) reconvened on September 21 after a summer hiatus. The Project Connect team presented an overview of a comprehensive financial plan, which includes the Georgetown to San Marcos segment of the LSTAR passenger project. Project Connect’s financial consultants met with the Rail District’s financial team to share data and ensure the strategic financial plans are coordinated and congruent. Attachment number 8 \nPage 3 of 4 Item # C Lone Star Rail District Executive Committee Meeting October 5, 2012 Page 4 ________________________________________________________________________________________ 8. Consider Status Report by TxDOT Rail Division Jennifer Moczygemba, TxDOT Rail Division, briefed the Committee on issues of common interest:  The AFA for the freight rail bypass (discussed under item 6) is down to resolving final comments and how to roll over the original AFA for the passenger rail studies into the new AFA.  The statewide ridership analysis is making progress and is about 60% complete. The model should be done in November, then the consultants will perform testing and iterations. TxDOT will hold a meeting on November 28 to discuss the statewide model in conjunction with the models under development for the Oklahoma City – South Texas Corridor Study and the Dallas/Ft. Worth – Houston Corridor Study. It will also be the first meeting of the peer review panel established through the Texas Transportation Institute. Rail District staff should plan to attend.  On the Oklahoma City – South Texas Corridor Study, TxDOT signed the contract with CH2MHill and held a kick-off meeting earlier in the week. TxDOT will start conducting stakeholder meetings in the next couple of months followed by public scoping meetings. In conjunction with the study, HNTB is working on infrastructure analyses of the existing railroads and roads. 9. Consider Report on Legislative Issues Ross Milloy reported that Rep. Lamar Smith sent a letter to Joe Szabo, Administrator of the Federal Railroad Administration, on the new rules for Categorical Exclusions. Rep. Smith asked that projects within existing right-of-way be excluded from requirements to perform an environmental impact statement. The Rail District’s legislative consultants are meeting with Rep. Mica’s transportation committee staff on methods to accomplish this within the existing regulatory framework. Congressman Doggett suggested the Rail District consider the Projects of Regional and National Significance program under MAP-21 as a possible funding source. Staff will continue to monitor the program, but the regulations have not yet been written and the funds are not yet authorized. On state legislative issues, Lieutenant Governor Dewhurst appointed Sen. Robert Nichols chairman of the Senate Transportation Committee. Mr. Milloy has been meeting with individual state representatives regarding the Rail Relocation and Improvement Fund to ensure they are informed of the issues prior to the upcoming session. Finally, another Rail District legislative priority is to carry over the state appropriation awarded to the Rail District. Staff’s goal is to have the funds fully committed or spent by October 2013, but will pursue carrying over the funds as a safeguard. 10. Concluding Board Member Comments (no action taken) Chairman Covington announced the next Executive Committee meeting will be Friday, November 2, at 10:00, and will likely be held by conference call to minimize member’s travel. The next Board meeting will be Friday, December 7, at 10:00 a.m. at the San Marcos Activity Center. Council Member Patty Eason reported the Georgetown Council approved Rail District dues for the coming fiscal year. She thanked Tullos Wells and Ross Milloy for meeting with Council members and urged staff to continue to meet with and educate local officials, staff, and organizations. There were no additional comments. 11. Public Comments There were no public comments. 12. Adjourn The meeting adjourned at 10:50 a.m. Attachment number 8 \nPage 4 of 4 Item # C Revised Budget 02.03.12 Local Funds Receivables A/R - Membership Dues -$ Local Funds Payables A/P - Local Funds 38,056.76$ LSRD Cash Reconciliation July 1, 2012 - September 30, 2012 Beginning Cash Balance as of 07.01.12 66,152.72$ Cash Inflows: FY12 Membership Dues 49,500.00$ TxDOT Deposit 457,057.21$ City of Austin 34,547.43$ Total Cash Inflows: 541,104.64$ Cash Out Flows: GASACC-Local Funds -$ Invoices 525,288.74$ Total Cash Outflows: 525,288.74$ Ending Cash balance as of 09.30.12 81,968.62$ Local Funds Expenditures - Accrual Basis of Accounting Quarterly 4th Qtr Year To Date Budget Actuals Variance Budget Actuals Variance STAFF PERSONNEL EXPENSES Salaries & Benefits 65,340.74$ 58,172.11$ 7,168.63 234,000.00$ 232,347.81$ 1,652.19$ Payroll Taxes 4,711.87$ 1,770.55$ 2,941.31 16,677.00$ 11,202.19$ 5,474.81$ PROFESSIONAL SERVICES Legal Services 22,500.00$ 7,392.00$ 15,108.00 90,000.00$ 51,229.73$ 38,770.27$ Accounting 3,750.00$ 723.75$ 3,026.25 15,000.00$ 25,218.00$ (10,218.00)$ Legislative Services 23,239.25$ 52,774.20$ (29,534.95)92,957.00$ 107,957.00$ (15,000.00)$ DIRECT EXPENSES Automobile & Mileage Expenses 1,125.00$ 2,032.70$ (907.70)4,500.00$ 5,952.97$ (1,452.97)$ Board & Committees meeting support 1,975.00$ 1,843.50$ 131.50 7,900.00$ 6,354.75$ 1,545.25$ Computer Maintenance 750.00$ 472.49$ 277.51 3,000.00$ 3,231.84$ (231.84)$ Computer Network Server Maintenance 500.00$ 526.47$ (26.47)2,000.00$ 1,779.87$ 220.13$ Courier Service 50.00$ 26.45$ 23.55 200.00$ 150.00$ 50.00$ Equipment Lease: Copier/Fax 1,125.00$ 709.54$ 415.46 4,500.00$ 2,710.97$ 1,789.03$ Insurance: Business 750.00$ 939.78$ (189.78)3,000.00$ 1,458.15$ 1,541.85$ Miscellaneous 75.00$ 26.72$ 48.28 300.00$ 26.72$ 273.28$ Non Board meeting expenses 87.50$ 337.95$ (250.45)350.00$ 1,084.17$ (734.17)$ Office Equipment & Supplies 1,250.00$ 1,355.30$ (105.30)5,000.00$ 4,581.58$ 418.42$ Postage 175.00$ 12.35$ 162.65 700.00$ 994.62$ (294.62)$ Postings/RFPs/RFQs 400.00$ -$ 400.00 1,600.00$ 16.00$ 1,584.00$ Printing 25.00$ -$ 25.00 100.00$ -$ 100.00$ Subscriptions 137.50$ 215.28$ (77.78)550.00$ 472.28$ 77.72$ Telephone and Facsimile 1,125.00$ 1,107.38$ 17.62 4,500.00$ 4,350.31$ 149.69$ Trade Group Participation 750.00$ 750.00$ 0.00 3,000.00$ 3,230.57$ (230.57)$ Travel 5,000.00$ 4,072.86$ 927.14 20,000.00$ 15,035.13$ 4,964.87$ Website domain/hosting 100.00$ 216.17$ (116.17)400.00$ 229.17$ 170.83$ Rail Relo 6,000.00$ 6,133.12$ (133.12)24,000.00$ 29,443.94$ (5,443.94)$ Reserve for future local expenses 2,566.50$ -$ 2,566.50 10,266.00$ 1,249.00$ 9,017.00$ SUBTOTAL 143,508.36$ 141,610.67$ 1,897.69 544,500.00$ 510,306.76$ 34,193.24$ Local Funds- Summary of Activity FY 2012 Fourth Quarter July 1, 2012 - September 30, 2012 December 7, 2012 Board Meeting Agenda Item 3E Attachment number 9 \nPage 1 of 2 Item # C Local Funds Receivables A/R - Membership Dues -$ Local Funds Payables A/P - Local Funds 38,056.76$ LSRD Cash Reconciliation July 1, 2012 - September 30, 2012 Beginning Cash Balance as of 07.01.12 66,152.72$ Cash Inflows: FY12 Membership Dues 49,500.00$ TxDOT Deposit 457,057.21$ City of Austin 34,547.43$ Total Cash Inflows: 541,104.64$ Cash Out Flows: GASACC-Local Funds -$ Invoices 525,288.74$ Total Cash Outflows: 525,288.74$ Ending Cash balance as of 09.30.12 81,968.62$ Local Funds Expenditures -Cash Basis of Accounting Revised Budget 02.03.12 Local Funds Summary of Activities FY 2012 Fourth Quarter July 1, 2012 - September 30, 2012 December 7, 2012 Board Meeting Agenda Item 3E Local Funds Expenditures - Cash Basis of Accounting Quarterly 4th Qtr Year To Date Budget Actuals Variance Budget Actuals Variance STAFF PERSONNEL EXPENSES Salaries & Benefits 65,340.74$ 33,007.56$ 32,333.18 234,000.00$ 191,021.14$ 42,978.86$ Payroll Taxes 4,711.87$ 1,975.81$ 2,736.06 16,677.00$ 11,202.01$ 5,474.99$ PROFESSIONAL SERVICES Legal Services 22,500.00$ 8,568.00$ 13,932.00 90,000.00$ 47,617.73$ 42,382.27$ Accounting 3,750.00$ 456.25$ 3,293.75 15,000.00$ 24,950.50$ (9,950.50)$ Legislative Services 23,239.25$ 50,365.60$ (27,126.35)92,957.00$ 80,365.60$ 12,591.40$ -$ DIRECT EXPENSES -$ Automobile & Mileage Expenses 1,125.00$ 2,077.54$ (952.54)4,500.00$ 6,156.28$ (1,656.28)$ Board & Committees meeting support 1,975.00$ 416.00$ 1,559.00 7,900.00$ 4,927.25$ 2,972.75$ Computer Maintenance 750.00$ 417.52$ 332.48 3,000.00$ 2,235.65$ 764.35$ Computer Network Server Maintenance 500.00$ 451.47$ 48.53 2,000.00$ 1,704.87$ 295.13$ Courier Service 50.00$ 26.45$ 23.55 200.00$ 150.00$ 50.00$ Equipment Lease: Copier/Fax 1,125.00$ 745.39$ 379.61 4,500.00$ 2,680.15$ 1,819.85$ Insurance: Business 750.00$ 1,233.24$ (483.24)3,000.00$ 2,165.84$ 834.16$ Miscellaneous 75.00$ 26.72$ 48.28 300.00$ 26.72$ 273.28$ Non Board meeting expenses 87.50$ 267.95$ (180.45)350.00$ 804.17$ (454.17)$ Office Equipment & Supplies 1,250.00$ 1,160.69$ 89.31 5,000.00$ 5,257.77$ (257.77)$ Postage 175.00$ 112.80$ 62.20 700.00$ 933.62$ (233.62)$ Postings/RFPs/RFQs 400.00$ -$ 400.00 1,600.00$ 16.00$ 1,584.00$ Printing 25.00$ -$ 25.00 100.00$ -$ 100.00$ Subscriptions 137.50$ -$ 137.50 550.00$ 686.50$ (136.50)$ Telephone and Facsimile 1,125.00$ 954.53$ 170.47 4,500.00$ 3,904.51$ 595.49$ Trade Group Participation 750.00$ 750.00$ 0.00 3,000.00$ 3,230.57$ (230.57)$ Travel 5,000.00$ 4,818.36$ 181.64 20,000.00$ 15,373.18$ 4,626.82$ Website domain/hosting 100.00$ 178.75$ (78.75)400.00$ 191.75$ 208.25$ Rail Relo 6,000.00$ 6,133.12$ (133.12)24,000.00$ 16,463.17$ 7,536.83$ Rail Relo 6,000.00$ 6,133.12$ (133.12)24,000.00$ 16,463.17$ 7,536.83$ Reserve for future local expenses 2,566.50$ -$ 2,566.50 10,266.00$ 1,249.00$ 9,017.00$ SUBTOTAL 143,508.36$ 114,143.75$ 29,364.61 544,500.00$ 423,313.97$ 121,186.03$ Attachment number 9 \nPage 2 of 2 Item # C City of Georgetown, Texas January 8, 2013 SUBJECT: Forwarded from the Airport Advisory Board: Consideration and possible action to approve the request from RA Services, LLC, dba Longhorn Jet Center, to amend the lease agreement dated March 28, 2012, to allow Tenant AVS Real Estate, LLC to operate as an FBO and to purchase and sell fuel at 301 S. Hangar Drive -- Sarah Hinton, Airport Manager and Edward G. Polasek, AICP, Transporation Services Manager ITEM SUMMARY: RA General Services has requested to amend their lease agreement to allow Tenant, AVS Real Estate, LLC to operate as an FBO and to purchase and sell fuel at 301 S. Hangar Drive. The City Attorney's office has reviewed the attached documents and approves them as to form. Airport Board Recommendation: At their December 17, 2012 Meeting, the Airport Board unanimously recommended approval of the amendment. Staff Recommendation: Staff recommends approval. FINANCIAL IMPACT: Subject to Fuel Sales SUBMITTED BY: Sarah Hinton, Airport Manager ATTACHMENTS: RA General Services Amendment to Lease Agreement RA General Services Lease Agreement - March 28, 2012 Cover Memo Item # D Attachment number 1 \nPage 1 of 2 Item # D Attachment number 1 \nPage 2 of 2 Item # D Attachment number 2 \nPage 1 of 31 Item # D Attachment number 2 \nPage 2 of 31 Item # D Attachment number 2 \nPage 3 of 31 Item # D Attachment number 2 \nPage 4 of 31 Item # D Attachment number 2 \nPage 5 of 31 Item # D Attachment number 2 \nPage 6 of 31 Item # D Attachment number 2 \nPage 7 of 31 Item # D Attachment number 2 \nPage 8 of 31 Item # D Attachment number 2 \nPage 9 of 31 Item # D Attachment number 2 \nPage 10 of 31 Item # D Attachment number 2 \nPage 11 of 31 Item # D Attachment number 2 \nPage 12 of 31 Item # D Attachment number 2 \nPage 13 of 31 Item # D Attachment number 2 \nPage 14 of 31 Item # D Attachment number 2 \nPage 15 of 31 Item # D Attachment number 2 \nPage 16 of 31 Item # D Attachment number 2 \nPage 17 of 31 Item # D Attachment number 2 \nPage 18 of 31 Item # D Attachment number 2 \nPage 19 of 31 Item # D Attachment number 2 \nPage 20 of 31 Item # D Attachment number 2 \nPage 21 of 31 Item # D Attachment number 2 \nPage 22 of 31 Item # D Attachment number 2 \nPage 23 of 31 Item # D Attachment number 2 \nPage 24 of 31 Item # D Attachment number 2 \nPage 25 of 31 Item # D Attachment number 2 \nPage 26 of 31 Item # D Attachment number 2 \nPage 27 of 31 Item # D Attachment number 2 \nPage 28 of 31 Item # D Attachment number 2 \nPage 29 of 31 Item # D Attachment number 2 \nPage 30 of 31 Item # D Attachment number 2 \nPage 31 of 31 Item # D City of Georgetown, Texas January 8, 2013 SUBJECT: Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the city limits of 10.0 acres in the Dyches Survey for Rock Springs Hospital, located on SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew J. Spurgin, AICP, Planning Director ITEM SUMMARY: This item is a formality required by State Statute for annexation procedures, where the City acknowledges that a petition for annexation has been made and sets public hearing dates for consideration. The resolution can be and often is considered on the same day as the first public hearing for non-controversial annexation requests. The proposed annexation is for property adjacent to the existing Citicorp data center, off of Inner Loop. The planned use is for a psychiatric hospital and was approved through a development agreement in Fall 2012, known then as Springstone. Site and Construction Plans have been approved and there is a companion application for rezoning. In order to complete the annexation the following process will be followed: December 2012 – February 2013 Calendar January 8: Resolution accepting petition January 8: 1st Public Hearing held at City Council Meeting. January 22: 2nd Public Hearing at City Council Meeting. February 12: 1st Reading of Ordinance at City Council Meeting, February 26: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is April 23, 2013.) Recommended Motion:Approval of the resolution granting the voluntary petition and setting the public hearing dates. FINANCIAL IMPACT: 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, as applicable. SUBMITTED BY: Jordan J. Maddox ATTACHMENTS: Resolution Exhibit A - Location Exhibit B - Survey Petition Letter Cover Memo Item # E Resolution Number _______________________ Rock Springs Annexation Petition 10.0 acres Page 1 of 1 RESOLUTION NO. ______________ A Resolution of the City Council of the City of Georgetown, Texas, granting a Petition for Voluntary Annexation of 10.0 acres in the Dyches Survey, for Rock Springs Hospital; and Directing Publication of Notice and Public Hearings for Proposed Annexation Whereas, the owners of the hereinafter described area of land have requested the governing body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit: 10.0 acres in the Dyches Survey, Williamson County, Texas, more particularly shown on the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,” both of which are attached hereto and incorporated herein by reference as if set forth in full; and Whereas, the said area of land, is contiguous to the existing city limits of the City of Georgetown, and is vacant and without residents or has fewer than three qualified voters residing on it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the said Petition, being proper and according to law, shall be, and it is hereby, granted; and, further, the City Secretary is directed to commence the publication of notices of two public hearings to be held January 8, 2013, and January 22, 2013, before the City Council on the subject of the proposed annexation of the said area into the City of Georgetown; and further, to place upon the City Council Agendas for February 12, 2013, and before April 23, 2013, the consideration of the passage of an ordinance annexing said area into the City of Georgetown. PASSED AND APPROVED this the 8th day of January, 2013. ATTEST: ____ __ __ Jessica Brettle, City Secretary George G. Garver, Mayor Approved as to Form: __ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 1 of 1 Item # E Georgetown E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J Georgetow n ETJ Georgetown E T J SE INNERLOOP S I H 3 5 N B L E A N D E R R D S C E N I C D R S I H 3 5 S B SE INNER LOOP FM 1460 IND U S T RIALAVES A U S T I N AVE S A U S T I N A V E M A P L E S T F M 1 4 6 0 S I H 3 5 S B S I H 3 5 S B SIH35FWYSB S A U S T I N AV E S I H 3 5 S B COOPER A T I V E WAY S I H 3 5 F W Y N B S N E A D D R L E A N DER RD SE INNER L O O P SE INNER L O O P 0 2,500 5,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit A ANX-2012-005 - Rock Springs Attachment number 2 \nPage 1 of 1 Item # E At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 2 It e m # E At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 2 It e m # E At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 1 It e m # E City of Georgetown, Texas January 8, 2013 SUBJECT: Consideration and possible action to approve a Resolution adopting the Articles of Amendment to the Articles of Incorporation for the Georgetown 4 A Corporation, Georgetown Economic Development Corporation (GEDCO) relating to the numbers of members on the Board of Directors -- Paul E. Brandenburg, City Manager and Bridget Chapman, Acting City Attorney ITEM SUMMARY: On December 11, 2012, the City Council approved a Resolution Amending the GEDCO Bylaws to expand the GEDCO Board membership from five (5) members to seven (7) members. The attached Resolution amends the Articles of Incorporation to be consistent with the new Bylaws and add two additional members to the Board of Directors. FINANCIAL IMPACT: SUBMITTED BY: Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney ATTACHMENTS: Resolution Exhibit A Cover Memo Item # F Resolution No. Page 1 of 2 GEDCO Articles of Amendment to the Articles of Incorporation Date Approved RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION FOR THE CORPORATION CREATED PURSUANT TO SECTION 4A OF THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED AND THE MAY 7, 2005 ELECTION; CHANGING THE NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 7, 2005, the voters of the City of Georgetown, Texas approved a proposition relating to the adoption of a sales and use tax within the City for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be used to reduce the property tax rate, as authorized by Section 4A of the Development Corporation Act of 1979, as amended (the “Act”); and WHEREAS, the Original Articles of Incorporation for the “Georgetown Economic Development Corporation” were approved by the City Council on June 30, 2005; and WHEREAS, the City Council adopted Articles of Amendment to the Articles of Incorporation on February 13, 2007; and WHEREAS, at its regular meeting on January 8, 2013, the City Council considered amendments to the Articles of Incorporation relating to the number of members of the Board of Directors; and WHEREAS, the City Council approves the Articles of Amendment to the Articles of Incorporation of the Georgetown Economic Development Corporation attached hereto as “Exhibit A.” NOW THEREFORE BE IT RESOLVED: SECTION ONE. That 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 TWO. That the Articles of Amendment to the Articles of Incorporation of the Georgetown Economic Development Corporation (the “Corporation”) that are attached hereto Attachment number 1 \nPage 1 of 2 Item # F Resolution No. Page 2 of 2 GEDCO Articles of Amendment to the Articles of Incorporation Date Approved as “Exhibit A,” and which are incorporated herein by reference for all purposes as if set forth in full, are hereby approved and adopted by majority vote of the governing body of the City of Georgetown. All provisions of the Articles of Incorporation (as amended) that are in effect on the date of this Resolution that are not amended by or in conflict with the Articles of Amendment attached hereto as “Exhibit A” shall remain in full force and effect. SECTION THREE. That the Mayor of the City Council of the City of Georgetown is authorized to sign and file the Articles of Amendment of the Articles of Incorporation that are attached hereto as “Exhibit A”, with the Texas Secretary of State, and to take any other actions necessary to establish and maintain the Corporation in good standing under the laws of the State of Texas and the United States. SECTION FOUR. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. SECTION FIVE. This Resolution shall become effective on March 1, 2013. PASSED AND APPROVED on the _____ day of __________, 2013. ATTEST: CITY OF GEORGETOWN, TEXAS ______________________________ By: _____________________________ Jessica Brettle, City Secretary George G. Garver, Mayor APPROVED AS TO FORM: ___________________________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # F Amendment to the Articles of Incorporation Page 1 of 3 ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION Georgetown Economic Development Corporation (the "Corporation"), pursuant to the provisions of Section 4A of the Development Corporation Act of 1979, as amended, adopts the following Articles of Amendment to its amended Articles of Incorporation: SECTION ONE The following amendments to Article VI were adopted by the City Council at its regular meeting on January 8, 2013: ARTICLE VI BOARD OF DIRECTORS The affairs of the Corporation shall be managed by a Board of Directors consisting of seven (7) Directors, who are appointed by the governing body of the City and three (3) of the seven (7) directors shall be current City Council Members. A Director's term of office shall not exceed six years or, for directors who are Council Members, until the end of their term of service on the City Council, whichever is less. Any Director who is a member of the governing body of the City shall cease to be a Director at the time he or she ceases to be a member of the City Council. Notwithstanding any provisions herein to the contrary, a director shall hold office until his/her successor shall have been appointed and qualified. Directors may be removed at any time for any reason by majority vote of the City Council. The Directors shall serve as such without compensation; however, they may be reimbursed for their actual expenses incurred in the performance of their duties as Directors. Any vacancy occurring on the Board of Directors through death, resignation, removal, or otherwise shall be filled by appointment by the governing body of the City to hold office until the expiration of the term being filled. SECTION TWO These Articles of Incorporation are hereby amended in accordance with the provisions of Article VII of the Articles of Incorporation (as amended), which provides that the Articles of Incorporation may be amended at any time to make any changes and add any provisions which might have been included in the Articles of Incorporation in the first instance, and accomplished in the following manner: Attachment number 2 \nPage 1 of 3 Item # F Amendment to the Articles of Incorporation Page 2 of 3 (ii) the governing body of the City may, at its sole discretion, and at any time, amend these Articles of Incorporation, and alter or change the structure, organization, programs or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act, and subject to any limitation provided by the constitutions and laws of the State of Texas and the United States of America on the impairment of contracts entered into by the Corporation) by written resolution adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body of the City and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Development Corporation Act of 1979. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Act if approved by the City Council. (See Articles of Incorporation, as amended, Article VII, item (ii)). SECTION THREE. These amendments were adopted in the following manner: The amendments were approved at a meeting of the City Council of the City of Georgetown, Texas held on January 8, 2013, and received the vote of a majority of the City Council members in office. A Resolution effective March 1, 2013, of the City Council adopting these Articles of Amendment is attached hereto. Dated: _____________________________ ____________________________________ George Garver, Mayor ATTEST: Jessica Brettle, City Secretary APPROVED AS TO FORM: Bridget Chapman, Acting City Attorney STATE OF TEXAS § Attachment number 2 \nPage 2 of 3 Item # F Amendment to the Articles of Incorporation Page 3 of 3 COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared George Garver, Mayor, City of Georgetown, Texas, known to me to be the person whose name is subscribed to the foregoing document, and being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of this office on this _____ day of ________, 2013. ___________________________________ Notary Public in and for the State of Texas My commission expires: Attachment number 2 \nPage 3 of 3 Item # F City of Georgetown, Texas January 8, 2013 SUBJECT: Public Hearing for the voluntary annexation into the city limits of10.0 acres in the Dyches Survey for Rock Springs Hospital, located on SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: The proposed annexation is for property adjacent to the existing Citicorp data center, off of Inner Loop. The planned use is for a psychiatric hospital and was approved through a development agreement in Fall 2012. Site and Construction Plans have been approved and there is a companion application for rezoning. In order to complete the annexation the following process will be followed: December 2012 – February 2013 Calendar January 8: Resolution accepting petition January 8: 1st Public Hearing held at City Council Meeting. January 22: 2nd Public Hearing at City Council Meeting. February 12: 1st Reading of Ordinance at City Council Meeting, February 26: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is April 23, 2013.) There is no action required at this time. FINANCIAL IMPACT: 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, as applicable. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Location Survey Service Plan Owner Petition Letter Cover Memo Item # G Georgetown E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J Georgetow n ETJ Georgetown E T J SE INNERLOOP S I H 3 5 N B L E A N D E R R D S C E N I C D R S I H 3 5 S B SE INNER LOOP FM 1460 IND U S T RIALAVES A U S T I N AVE S A U S T I N A V E M A P L E S T F M 1 4 6 0 S I H 3 5 S B S I H 3 5 S B SIH35FWYSB S A U S T I N AV E S I H 3 5 S B COOPER A T I V E WAY S I H 3 5 F W Y N B S N E A D D R L E A N DER RD SE INNER L O O P SE INNER L O O P 0 2,500 5,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit A ANX-2012-005 - Rock Springs Attachment number 1 \nPage 1 of 1 Item # G At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # G At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # G Annexation Service Plan Rock Springs Hospital Page 1 of 13 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: ROCK SPRINGS HOSPITAL COUNCIL DISTRICT NO. 1 DATE: JANUARY 8, 2012 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the city limits of the land shown on Exhibit “A” and Exhibit “B” to this Service Plan, which has sometimes been referred to as “Rock Springs Hospital.” The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on January 8, 2013, and January 22, 2013, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. The development of this property will follow the terms of an approved development agreement between the City and Propstone, approved in 2012. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of the annexation; and (3) Attachment number 3 \nPage 1 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 2 of 13 those services for which capital improvements are needed and which will be available within 4½ years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, “provision of services” includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection –Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection – Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility – City- owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City’s ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or Attachment number 3 \nPage 2 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 3 of 13 services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. The property currently is in the Chisholm Trail Service Area, not the City of Georgetown. 5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City’s preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services – Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library – Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City’s Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code Attachment number 3 \nPage 3 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 4 of 13 enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City’s Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services – The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General – The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services– Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City’s authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City’s authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater Attachment number 3 \nPage 4 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 5 of 13 service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule – Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2½ years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ½ years from the effective date of annexation and will be substantially complete within 4 ½ years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets – No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan, the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner’s or developer’s expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City’s standard policies and procedures. Provision of street lighting will be in accordance with the City’s street lighting policies. 5. Capital Improvements for Other Municipal Services – No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City’s future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of Attachment number 3 \nPage 5 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 6 of 13 God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City’s current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City’s Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. Attachment number 3 \nPage 6 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 7 of 13 In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code (“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non-legal lot. B. For property that is required by the City’s UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the “subdivider”). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City’s Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. Attachment number 3 \nPage 7 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 8 of 13 E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City’s Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property – the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City’s Water and Wastewater Master Plans, and the requested service otherwise meets the City’s requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer’s cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property – the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system – the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City’s centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City’s Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been Attachment number 3 \nPage 8 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 9 of 13 extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term “utility system” shall mean the City’s water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. Attachment number 3 \nPage 9 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 10 of 13 E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City’s utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at the City’s sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City’s utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City’s sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City’s Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or Attachment number 3 \nPage 10 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 11 of 13 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term “Development” shall have the same meaning as in Section 16.05 of the City’s Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. Attachment number 3 \nPage 11 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 12 of 13 It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A “Low Pressure Sewer System” is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. Attachment number 3 \nPage 12 of 13 Item # G Annexation Service Plan Rock Springs Hospital Page 13 of 13 C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Attachment number 3 \nPage 13 of 13 Item # G At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 1 It e m # G City of Georgetown, Texas January 8, 2013 SUBJECT: Public Hearingand First Reading of an Ordinance for Rezoning from Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District, for 4.23 acres in the C. Stubblefield Survey, including Lot 1 of Good Luck Subdivision, to be known as Wolf Ranch North, located from 1020 to 1100 West University Avenue -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: BackgroundThe applicant has requested to rezone 4.23 acres in the C. Stubblefield Survey (including Good Luck Subdivision) from Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C- 1) District for the development of five (5) commercial lots. The PUD is proposed due to the irregular shape of the property that includes access constraints, and the desire to have Wolf Ranch North complement the architectural and site design of Wolf Ranch Shopping Center. Public Comments:No written public comments have been received. Planning and Zoning Commission Recommendation:On December 18, 2012, after a Public Hearing, the Planning and Zoning Commission, with a vote of 6-0, recommended to the City Council approval of the rezoning from Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C- 1) District to a Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District as requested. Special Considerations:None. Recommended Motion:Approval of the First Reading of the Ordinance rezoning 4.23 acres in the C. Stubblefield Survey (including Good Luck Subdivision), from Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District. FINANCIAL IMPACT: None. The applicant has paid the required fees. SUBMITTED BY: Carla Benton ATTACHMENTS: Staff Report Location Map Future Land Use Map Zoning Map Aerial Map P&Z Minutes Exhibit A Cover Memo Item # H Exhibit B Development Plan Ordinance Cover Memo Item # H Georgetown Planning Department Staff Report Wolf Ranch North PUD Rezoning Page 1 of 7 Report Date: December 10, 2012 File No: REZ-2012-004 Project Planner: Carla Benton, Planner Item Details Project Name: Wolf Ranch North Location: 1020 -1100 West University Avenue (SH 29 West) (See Exhibit 1) Total Acreage: 4.23 acres Legal Description: 4.23 acres in the C. Stubblefield Survey, including Good Luck Subdivision Applicant: Jason Rodgers, P.E., Garrett-Ihnen Civil Engineers Property Owner: Iva Wolf McLachlan and Simon Riverhills, LP Contact: Jason Rodgers, P.E. Existing Use: Mini-storage units, retail building, cell tower and undeveloped land Existing Zoning: Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District Proposed Zoning: Planned Unit Development (PUD) with Local Commercial (C-1) Base District Future Land Use: Regional Commercial Growth Tier: Tier 1A Overview of Applicant’s Request The applicant has requested a 4.23 acre PUD for the development of five (5) commercial lots. The PUD designation is proposed due to the irregular shape of the property that includes access constraints, and the desire to have Wolf Ranch North complement the Wolf Ranch Shopping Center PUD on the south side of West University Avenue (SH 29 West). This item was recently approved by City Council to move forward for reapplication after denial without meeting the 12 month waiting period due to significant changes in the proposal including removal of the proposed automotive use. The requested PUD includes exceptions for landscape, signage, setbacks, drive aisles, vehicle stacking, parking space size, land use, display, access, and building height with mitigations provided primarily in landscape, buffering and land use. An architectural theme is proposed that will be consistent with the materials and design of Wolf Ranch Center PUD as reflected in Exhibit C-4. Attachment number 1 \nPage 1 of 7 Item # H Planning & Development Staff Report Wolf Ranch North PUD Rezoning Page 2 of 7 The Wolf Ranch North development proposes to provide for retail/commercial uses as allowed within the Local Commercial (C-1) District with the exception of fuel sales that will be prohibited. Site Information Location: This property is located at the intersection of Simon Road and West University Avenue, directly across from Wolf Ranch Center. (See Exhibit 1) Physical Characteristics: The lots front on West University Avenue and abut the City of Georgetown Community Cemetery to the north. The shape of the overall development is triangular with the commercial lot on the west narrowing to a depth of 112 feet. (See Exhibit 4) Surrounding Properties: The surrounding properties include a City-owned cemetery and an office. (See Exhibit 3) Location Zoning Future Land Use Existing Use North Agriculture (AG) and Residential Single-Family (RS) Open Space City-owned Cemetery South PUD with General Commercial (C-3) Base District Regional Commercial Wolf Ranch Center and undeveloped outparcels East Residential Single- Family (RS) and General Commercial (C-3) District Regional Commercial Undeveloped land West Residential Single- Family (RS) District Regional Commercial Office (See Exhibits 2 and 3) Property History The subject properties were annexed into the City by Ordinance #86-59 in 1986, with a default zoning of Residential Single-Family (RS) District and in 2008 by Ordinance #2008-78 with a default zoning of Agriculture (AG) District. The self-storage facility, office and cemetery were established prior to annexation. On August 26, 1996, the Good Luck Subdivision, a one lot commercial plat, was recorded and a Site Plan was approved on January 9, 1997. A rezoning from RS to C-1 was approved in 1998 by Ordinance #98-32 for the east properties. The Attachment number 1 \nPage 2 of 7 Item # H Planning & Development Staff Report Wolf Ranch North PUD Rezoning Page 3 of 7 Planning and Zoning Commission at the May 15, 2012 meeting recommended denial of a request for a PUD that was subsequently denied by City Council at the September 25, 2012 meeting by vote of 6-1. At the City Council meeting of November 27, 2012 the applicant requested to make application for reconsideration of this item prior to the 12 month delay stipulation and was granted permission to reapply based upon significant changes in the proposal to remove the proposed automotive use. 2030 Plan Conformance The proposed rezoning is in conformance with the 2030 Plan land use designation of Regional Commercial, which applies to areas that contain large concentrations of commercial uses that serve to draw a regional market, such as major shopping centers, stand-alone big- box retail, tourist attractions and supporting accommodations, and automobile-oriented commercial uses that rely on convenient access from major highways. The 2030 Plan Growth Tier Map designation is Tier 1A (Developed, Redeveloping), which is the portion of the City where infrastructure systems are in place, or can be economically provided, and where the bulk of the City’s growth should be guided over the near term. Proposed Zoning District The intent of the PUD is to ensure a more desirable, consistent and compatible impact at a major entry into the community. The architectural and design standards will be consistent with the Wolf Ranch Shopping Center and CR 265 Subdivision to the west. The PUD proposes to develop this location for commercial and retail activities that serve the region and community. The PUD allows uses permitted in the C-1 Base District and prohibits uses such as fuel sales, kiosks, parking of commercial vehicles or recreational vehicles or equipment or domicile uses as described in Section 11.1 of the DP. The Regional Commercial Land Use category is typically designed for major commercial centers, such as the University Avenue and IH-35 area, as reflected by the predominance of the C-3 District in this area. The proposed C-1 Base District is intended for commercial and retail uses primarily serving residential areas, but also includes the larger community, and is appropriate along major and minor thoroughfares and corridors. Therefore, the proposed use is considered compatible and supportable. A summary of the PUD Development Plan is provided in the following Table: Table of Exceptions UDC Section Ref/type Standard Exception Section 5.09.030.B. Out- door Display, Limited 30% of linear distance along wall, within 5’ of the building 25% of the sidewalk area within 15’ of the building Attachment number 1 \nPage 3 of 7 Item # H Planning & Development Staff Report Wolf Ranch North PUD Rezoning Page 4 of 7 Section 7.02.010.B.1. Lot Requirements All lots must have direct access and frontage on a public street Internal cell tower lot will have access through an easement Table 7.03.020 Building Height C-1: Maximum height 35 feet Corner lot, is proposed to have one (1) architectural feature at a maximum height of 45 feet (Exhibit F-2) Table 7.03.020 Lot Design 25-foot rear setback adjacent to Residential Single-Family (RS) District; 10-foot side setback between lots No bufferyard is required because although the zoning is RS and AG, buffering is only required adjacent to residential use Parking is proposed along the rear property line, up to 5 feet from the fence at the property line. No side setback is proposed between internal commercial lots Table 7.03.030.C.4. Features allowed in Setbacks Driveways are allowed to cross the setback, not run parallel to the road Encroachment of driveway is requested within the Simon Road setback Section 8.02.030 Tree Protection 20% retention of trees is required; 40% of caliper inches 15% retention of trees is proposed 8.02.050.B Tree Priori- ties Priorities given to Heritage Trees only Heritage Tree priority is requested for Protected Trees Section 8.04.040.B. Parking space distance from trees All parking spaces must be no more than 50’ from a tree Requesting ability to exceed the 50’ distance to maximize utilization of existing trees; maximum distance requires Planning Director’s approval at Site Plan Section 8.04.050.C.2 Gateway Overlay Trees Gateway trees are required to be shade trees Requesting ability to use shade trees and ornamental trees Table 9.03.020B Aisle Widths and Stalls Drive aisle width is 26 feet for two-way drives with 9’ stalls Requesting 25-foot primary inter- connecting access drive aisles and 24- foot secondary (site development) drive aisles with a 28-foot SH29W entry access drive aisle. (Exhibit B) All parking is proposed to have 9’ stalls Table 9.04.010 Vehicle Stacking To order box 6 spaces and to pick up 4 spaces; total 10 spaces. Total proposed is 8 spaces Table 9.04.020.A Space length 20-foot parking space length required Parking space lengths are proposed to be 18.5 feet Section 10.06.010 Sign- age Six (6’)-foot maximum height of monument sign Eight (8’)-foot maximum height of monument sign consistent with Wolf Ranch Shopping Center The following are mitigations and justification for the exceptions proposed in the PUD: · The outdoor display area will be limited to 10% of the interior floor area of the building and sales will be limited to 3 consecutive days per week. · The wireless communication tower is an existing facility that will continue to be provided with access through an easement. · The proposed additional building height for an architectural feature will be consistent with the architectural features, such as the towers of Wolf Ranch Center, but requires approval by the Planning Director at Site Plan review. Attachment number 1 \nPage 4 of 7 Item # H Planning & Development Staff Report Wolf Ranch North PUD Rezoning Page 5 of 7 · Due to the partial RS zoning at the cemetery, an increased setback is required, but no buffering. As mitigation, a six (6) foot masonry wall is proposed along the entire length of the common property line in order to provide preferred buffering, privacy and protection from commercial impacts. · A 25-foot Medium Level buffer as described in UDC, Section 8.04.060 C.2 is proposed between two west commercial lot and office use, providing a sound barrier and offsetting the east side driveway encroachment along Simon Road. · 43% of existing tree caliper inches are being retained; no oak or elm along the cemetery property line will be removed, and the City’s Urban Forester will assist in design of peninsulas and fencing for optimal preservation of root zones. · A 25-inch Live Oak, #8540, will be preserved and pervious pavers used in the root zone. · The applicant will increase planted caliper shade trees from 3” to 4.” · There will be a four (4)% increase in overall landscape area within the site. · Although vehicle queuing spaces and sizes are proposed to be reduced, the flow of traffic will not be allowed to encroach into drive aisles, impede traffic flow or block parking. · The Gateway Overlay Buffer is proposed to provide ornamental trees to add diversity of design that will provide visual softening and shade for the site. · The reduced aisle widths and stalls are requested to address the minimal lot depth but is consistent with standards of Wolf Ranch Shopping Center, and allows for flexible design of drive aisles and landscape. · Parcel constraints limit design for potential drive-through motion, but the proposed design intends to minimize the impact of vehicular flow. · The exceptions to the maximum signage are proposed for consistency with Wolf Ranch Center outparcels. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Transportation The lots are located along West University Avenue (SH 29 West), a major arterial. A Traffic Impact Analysis (TIA) will be reviewed by the Development Engineer in connection with the platting process. Access from West University to this development is being reduced from four existing access points to two right-in-right-out driveways on West University Avenue and one driveway on Simon Road. Connectivity is being provided between all lots to ensure a more desirable design for internal traffic flow and minimize ingress and egress movements from the roads. Attachment number 1 \nPage 5 of 7 Item # H Planning & Development Staff Report Wolf Ranch North PUD Rezoning Page 6 of 7 Future Application(s) The following applications will be required to be submitted: · Preliminary Plat to be considered by Planning and Zoning Commission; · Final Plat to be processed administratively; · Site Plans and Construction Plans, for each lot, to be processed administratively; · Building permits for construction; and · Certificate of Occupancy for all new structures. Staff Analysis Staff is supportive of the requested PUD for the following reasons: 1. The Future Land Use designation of Regional Commercial, as approved by City Council for this particular area, supports both major commercial and retail uses located along arterial roadways. 2. The existing zoning situation of the surrounding area is primarily C-3 with commercial uses. An existing office development zoned RS, and the cemetery zoned RS and AG were both in existence prior to annexation into the City and are legal non-conforming uses, which means they would not be allowed by right if proposed today. While cemetery uses are allowed in Agriculture (AG), Residential Single-family (RS), General Commercial (C-3), Industrial (IN) and Public Facility (PF) zoning Districts, they are only allowed by Special Use Permit and the cemetery does not have a Special Use Permit. The existing office is not allowed without rezoning. 3. The surrounding developed uses, include Wolf Ranch Center, a commercial Planned Unit Development (PUD), a professional office, Walgreen’s and a cemetery. 4. The application has provided mitigation and justification for the requested exceptions to the Code, is consistent with the Wolf Ranch Shopping Center to the south and CR 265 Subdivision to the west, provides increased enhancement to the area through landscape by an increase in percentage of overall landscape, increase in percentage of preserved diameter inches of protected trees and increase in the size of planted trees. Additionally, the PUD provides a 25-foot landscape buffer adjacent to the office use to the west, a 6-foot masonry buffer wall adjacent to the cemetery, which will respect the existing vegetation along the common property line, prohibits fuel sales and reduces drive cuts along West University from four to two drive cuts for a safer driveway design. 5. The applicant has worked closely with the neighboring property owners to provide appropriate considerations in their design. They have worked with the Director of Parks and Recreation to ensure the needs of the cemetery are considered and with the Urban Forester for the trees on site and along the boundary of the cemetery. In response to those efforts the PUD proposes to provide a 25-foot landscape buffer for a Attachment number 1 \nPage 6 of 7 Item # H Planning & Development Staff Report Wolf Ranch North PUD Rezoning Page 7 of 7 sound barrier to the west adjacent to the office use, and a six (6)-foot masonry wall and preservation of existing vegetation along the property bordering the City-owned cemetery in order to provide privacy, a sound barrier, and limit commercial impacts such as trash blowing onto the cemetery grounds. The applicant has also noted in the Development Plan that special consideration will be given during construction of the area adjacent to the cemetery to ensure sensitivity to possible unforeseen disturbances. 6. The overall relatively small size of the development, consisting of 4.23 acres as compared to the larger Wolf Ranch development to the south with over 600,000 s.f. of buildings. Staff is supportive of the proposed PUD rezoning as the proposed uses are commercial uses that are compatible and consistent with the Future Land Use Plan of Regional Commercial as approved by City Council, are consistent with the intent of the C-1 zoning district, and the PUD proposes appropriate development and mitigations for the property. Inter Departmental, Governmental and Agency Comments The Director of Parks and Recreation has worked with the applicant to address the needs of the City-owned cemetery to the north of the proposed development. The applicant has proposed to provide a 6-foot masonry wall for screening of the cemetery and to work with the Urban Forester to preserve existing trees along the boundary with the cemetery. Special care will be given during the development of the site to ensure sensitivity to possible unforeseen disturbances. Public Comments A total of 12 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on December 2, 2012. No public comments have been received as of the writing of this report. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map (2011) Exhibit 5 – PUD Development Plan Meetings Schedule December 18, 2012 – Planning and Zoning Commission January 8, 2013 – City Council First Reading (pending) January 22, 2013 – City Council Second Reading (pending) Attachment number 1 \nPage 7 of 7 Item # H CITY OF GEORGETOWN CITY OF GEORGETOWN Georgetown ETJ Georgetown ETJ G e o r g e t o w n E T J SIM O N R D W U N I V E R S I TY AV E W U N I V E R S I T Y AV E MEMORIAL DR REZ-2012-004 0 310 620Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1 REZ-2012-004 Attachment number 2 \nPage 1 of 1 Item # H C IT Y OF G E ORG ETOW N CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETOWN CITY OF GEORGETOWN Georgetown ETJ Georgetown ETJ Georgetown ETJ G e o r g e t o w n E T J S P R I N G H O L L O W SIM O N R D W U N I V E R S I T Y AV E W U N I V E R S I T Y AV E WOLF RANCH PKWY MEMORIAL DR W O L F R A N C H P K W Y REZ-2012-004 0 470 940Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMA PMIA PR Future Land Use Institutional Regional Commercial Community Commercial Ag / Rural Residential Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Community Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Future Land Use / Overall Transportation Plan Exhibit #2REZ-2012-004 Attachment number 3 \nPage 1 of 1 Item # H C I TY O F G EO R G E TOW N CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N CITY OF GE O R G E T O W N CITY OF GEORGETOWN Georgetown ETJ G e o r g e t o w n E T J G e o r g e t o w n E T J REZ-2012-004 S P R I N G H O L L O W SIM O N R D WOLF RANCH PKWY W U N I V E R S I T Y AV E MEMORIAL DR 0 470 940Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ REZ-2012-004 LegendSiteParcelsCity LimitsGeorgetown ETJ Zoning Information Exhibit #3 Attachment number 4 \nPage 1 of 1 Item # H C I T Y O F G E O RG E TO W N C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETOWN Georgetown ETJ Georgetown ETJ G e o r g e t o w n E T J W O LF R A N C H P K W Y S I M ON RD W U N I V E R S I T Y AV E MEMORIAL DR 0 400 800Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4REZ-2012-004 REZ-2012-004 Attachment number 5 \nPage 1 of 1 Item # H Planning & Zoning Commission Agenda / December 18, 2012 Page 1 of 2 City of Georgetown, Texas Planning and Zoning Commission Meeting Draft Minutes Tuesday, December 18, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 An agenda packet, containing detailed information on the items listed below, is distributed to the Commission and will be available at the Planning & Development Office, located at 300 Industrial Avenue. You may also visit the City of Georgetown web site at www.georgetown.org and review the staff report on the proposed application no later than the Saturday prior to the Planning and Zoning meeting described above. Commissioners: Ercel Brashear, Chair; Porter Cochran, Vice-chair; Annette Montgomery, Secretary; Sally Pell, John Horne, and Robert Massad Commissioners in Training: None present Regular Session - To begin no earlier than 6:00 p.m. Regular Agenda Public Hearing and possible action on a Rezoning from Residential Single-Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District, for 4.23 acres in the C. Stubblefield Survey, including Lot 1 of Good Luck Subdivision, to be known as Wolf Ranch North, located from 1020 to 1100 West University Avenue. REZ-2012-004 (Carla Benton) A Staff Report was presented by Carla Benton. The request to bring this application back before the Commission was approved by City Council on November 27, 2012 due to significant changes, more specifically in the removal of the proposed Firestone with all proposed uses being in compliance with the C-1 District. Additionally, the fuel sales will remain prohibited. The applicant will continue to provide the screening wall adjacent to the cemetery and preserve existing landscape along that property line. Mitigations will be provided that includes tree protection and additional landscaping. The applicant is working very closely with the City Urban Forester for preservation of the trees. No public comments have been received in response to notifications. Applicant was present to answer any questions. The Public Hearing was opened and closed with no speakers. Sally Pell inquired about the taller wall, but Commission discussion noted that the taller wall would require more impact to branches of existing trees along the fence line. Motion by Cochran 2nd by Horne. Approved by vote of 6-0. Attachment number 6 \nPage 1 of 1 Item # H Ordinance Number: _____________ Description: Wolf Ranch North Page 1 of 2 Date Approved: ____, __, ______ Exhibits A, B & Dev. Plan Attached ORDINANCE NO. _______ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone 4.23 acres in the C. Stubblefield Survey, including Good Luck Subdivision, to be known as Wolf Ranch North from the Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): 4.23 acres in the C. Stubblefield Survey, including Good Luck Subdivision, to be known as Wolf Ranch North, as recorded in Document Numbers 2005003863, 2005023681, 2011070953, 2004030119 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City’s Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on December 18, 2012, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on January 8, 2013, held an additional public hearing prior to taking action on the requested rezoning of the Property. 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City’s Unified Development Code. Attachment number 7 \nPage 1 of 2 Item # H Ordinance Number: _____________ Description: Wolf Ranch North Page 2 of 2 Date Approved: ____, __, ______ Exhibits A, B & Dev. Plan Attached Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District, in accordance with the attached Exhibit A (Location Map), Exhibit B (Legal Description) and Development Plan and incorporated herein by reference. 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 on the date of adoption by the City Council. APPROVED on First Reading on the 8th day of January, 2013. APPROVED AND ADOPTED on Second Reading on the 22nd day of January, 2013. THE CITY OF GEORGETOWN: ATTEST: ______________________ _________________________ Jessica Brettle George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 7 \nPage 2 of 2 Item # H C I T Y O F G E O R GE TO W N CITY OF GEORGETOWN Georgetown ETJ Georgetown ETJ W U N I V E R S I T Y AV E SIM O N R D W U N I V E R S I T Y AV E MEMORIAL DR 0 340 680Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Le ge ndSiteParcelsCity LimitsGeorgetown ETJExhibit A REZ-2012-004 Attachment number 8 \nPage 1 of 1 Item # H At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 3 It e m # H At t a c h m e n t n u m b e r 9 \ n P a g e 2 o f 3 It e m # H At t a c h m e n t n u m b e r 9 \ n P a g e 3 o f 3 It e m # H 1 DEVELOPMENT PLAN FOR WOLF RANCH NORTH PLANNED UNIT DEVELOPMENT 1. DEFINITIONS All definitions listed in Chapter 16 of the Unified Development Code of the City of Georgetown (the “Code”) shall govern interpretation of this Development Plan. Any terms not defined shall be interpreted using Random House Webster’s Unabridged Dictionary, subject to the approval of interpretation by the Planning and Development Department. 2. PROPERTY This Development Plan (hereinafter referred to as the “Plan”) covers approximately 4.238 acres of land located within the city limits of Georgetown, Texas, and being more particularly described in Exhibit “A”, attached hereto and incorporated herein. 3. PURPOSE The purpose of this Plan is to ensure the development of an integrated, unified development that meets the following PUD standards: (i) is equal to or superior to development that would occur under the standard ordinance requirements, in particular, Local Commercial (C-1); (ii) is in harmony with the 2030 Comprehensive Plan of the City of Georgetown, Texas; (iii) is an orderly and creative arrangement of all land uses with respect to each other and to the entire community; and (iv) will be staged in a manner which can be accommodated by the timely provision of public utilities, facilities and services. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning The Property shall be regulated for purposes of zoning by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. All uses and development within the Property shall generally conform to the Development Plan as set forth herein. The PUD is designed to be used in conjunction with Local Commercial (C-1), which is the zoning designation most similar to and compatible with the uses proposed for the PUD. All standards and requirements of Local Commercial (C-1) shall apply unless specifically superseded by the standards and requirements of this Development Plan. 4.2 Other Ordinances All other Ordinances within the Code of Ordinances of the City of Georgetown shall apply to the Property, except as clearly modified by this Plan. Attachment number 10 \nPage 1 of 52 Item # H 2 5. SIGNAGE PLAN The Signage Plan shall be as depicted in Exhibits “C”, “C-1”, “C-2", “C-3”, “and C-4”, attached hereto and incorporated herein. Exhibits “C-1” narrates the designs of the signs shown on the Signage Plan. Exhibit “C-2” provides Wolf Ranch North signage criteria. Exhibit “C-3", attached separately but incorporated herein, contains renderings of each parcel’s monument sign. Exhibit “C-4” contains the color palette applicable to the signs governed by this section and the Signage Plan. All regulation of signage shall be pursuant to this section. If not set forth herein, the applicable sections of the Code shall apply. The primary goal of the Signage Plan is to effectively utilize signs as a means of clear visual communication, blending with the natural environment, and improving pedestrian and traffic safety. Owner/Tenant signage will only convey the name of the business and product of service offered. All signs shall be constructed of materials and colors compatible with those utilized on the primary building’s facades so as to blend into the environment and consistent with the above stated exhibits. 6. UTILITY SCHEMATIC, DRAINAGE AND TOPOGRAPHY MAP A Utility Schematic and Drainage Map and Topography Map, are attached hereto as Exhibits “D” and “E" respectively, and incorporated herein. Both maps are conceptual in nature and may be modified in the future. Plans for drainage facilities will be reviewed as part of the subdivision and construction plan review process and approved by the City and/or the State of Texas prior to installation. 7. SH 29 DRIVEWAY AND INTERNAL DRIVE LOCATION The locations of the two newly constructed driveways off of SH 29 and the internal drive are shown on Exhibit “B”. This plan eliminates four current driveways and replaces them with two. 8. LANDSCAPING PLAN The Landscaping Plans and cross-sections are attached hereto and incorporated herein as Exhibit “F” (Tree Mitigation & Landscape Plan) and Exhibit “F-1” (Gateway Landscape Buffer Cross Sections). Exhibit “F-1” shows the location of preserved trees, replaced trees and all of the required landscaping along the buffer yard. All regulation of landscaping shall be pursuant to this section. If not set forth herein, the applicable sections of the Code shall apply. All plant species selections for Wolf Ranch North will be from the approved Wolf Ranch plant palette, with the exception of Live Oak (Quercus virginiana). Attachment number 10 \nPage 2 of 52 Item # H 3 8.1 Street Yard Landscaping A minimum of twenty-four percent (24%) of the PUD will be landscaped, exceeding the twenty percent (20%) minimum requirement as stated in Section 8.04.030 of the Code. 8.2 Grass and Turf Areas All landscaped areas not in groundcover or shrub beds, or undisturbed areas, will be planted with common Bermuda and/or native grasses. St. Augustine grass is prohibited. Overseeding in fall with cool season grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is encouraged wherever possible. The edging material will be steel, stone, aggregate, or mulch. No plastic edging is allowed. No vegetative slopes shall exceed a 3:1 ratio, unless constructed of solid sod or slope stabilization matting. 8.3 Irrigation An underground, automatic irrigation system will be installed in all landscaped areas. Sprinkler heads will be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. Landscape areas within Simon Road Rights-of- Way, if to be irrigated, will be irrigated in compliance with the City of Georgetown’s regulations. 8.4 Parking Lot Landscaping Landscape areas will be provided within all parking lots. Tree islands and peninsulas will be located so as to maximize the protection of existing mature trees. In areas where no existing trees are located within the parking field, tree islands will be provided to reduce the thermal impact of unshaded parking lots. Trees may exceed spacing requirements to allow them to be grouped to mimic existing clusters and create a more aesthetic effect. 8.5 Gateway Landscape Buffers The SH 29 Gateway Buffer shall be within approximately twenty-five feet (25’) from the right- of-way line, planted in close conformity with the landscape provisions of Section 8.04.050 Gateway Overlay District Landscaping section of the Code. Cross-sections of the SH 29 and Simon Road Gateway Landscape Buffer Sections are shown on Exhibit “F-1", attached hereto and incorporated herein. Buffer trees shall be a combination of both large, shade trees and smaller, ornamental trees, interspersed in clusters along the buffer yards, in lieu of shade trees only. 8.6 West Landscape Buffer A 25’ medium level landscape buffer will be provided along the west side of the property per section 8.04.060.c.2. The code only requires a 25’ setback. Attachment number 10 \nPage 3 of 52 Item # H 4 8.7 Utility Lines All utility lines will be underground to connection points provided by the utility service provider. Special care and consideration will be given when digging along the rear of the property in case grave sites are identified during construction. Special care also will be made to the existing trees that are to remain. All transformers will be screened by plantings and/or hardscape. Electric service shall be installed according to the City’s Development Regulations. 9. TREE PRESERVATION All proposed shade trees will be a minimum of four inch (4”) caliper. Exhibit ‘F’ - The Tree Mitigation & Landscape Plan illustrates that 15% of the Protected Trees are being preserved on site, compared to the 20% required by Table 8.02.030 within the Code. The Tree Mitigation & Landscape Plan, as shown on Exhibit “F”, depicts the location of saved trees and replaced trees, as well as all other buffer landscaping. The Code requires that 40% of the total caliper inches of removed Protected Trees be replaced. Based on the above, 43% of all caliper inches of currently existing trees will be saved and/or replaced as part of the buffer requirements. Additionally, mitigation for trees to be removed, will not be required if tree number 8540 (25” Live oak) is to be saved and a pervious paving system is utilized within the critical root zone of existing trees to be saved. No oak or elm trees along the cemetery property line will be removed and the Urban Forester shall be involved in the sizing and alignment of parking peninsulas to optimal preservation of the root zones of these trees to remain. 9.1 Tree Protection Plan At or before site plan review, and prior to the removal of any trees, a Tree Protection Plan shall be submitted to the Urban Forester Department pursuant to Section 8.02 of the Code. Unless noted herein, all other provisions of the Code shall be complied with in full. Native trees of desirable species shall be preserved to the maximum extent feasible. Preserved natural areas shall be integrated with the design of open space, screening and landscaped areas. Since no Heritage Trees exist on site, protection measures for Protected Trees may also take priority over conflicting requirements in the Code, including but not limited to setbacks, lot design standards, building height limits, sidewalks, lighting, signage, landscaping and landscape buffers, parking design, including depth, width and count, vehicle stacking spaces, drive aisle widths, gateway overlay requirements, fencing, dumpster locations, drainage criteria, connectivity, driveway separations, utility extension, utility location and easements, Attachment number 10 \nPage 4 of 52 Item # H 5 and impervious coverage. Public health and safety shall be maintained with all proposed designs. After consultation with the Urban Forester, an alternative standard or design that gives priority to Protected Tree Preservation may be approved by the Planning and Development Department for administrative applications. 9.2 Tree Survey A Tree Survey has been filed with, and accepted by, the Planning and Development Department as required by Section 8.05 of the Code. 10. IMPERVIOUS COVERAGE The property within the PUD is allowed to be developed at 70% impervious cover. Permeable pavers can be installed to obtain 75% impervious cover as long as they are installed in accordance with the design requirements set forth by TCEQ and as long as the downstream drainage is not increased or the downstream drainage system capacity is adequate. When one Lot remains to be developed, and (1) it is determined during the design of this Lot that it will exceed 75% impervious cover, and (2) if the Lot’s Developer can provide documentation to the Director that the aggregate of the other Lots within the PUD, fully developed, will not exceed 70%, then the Lot’s Developer can exceed the 75% impervious coverage maximum, up to 80%. 11. PERMITTED USES AND LIMITATIONS The PUD is designed to be used in conjunction with Local Commercial (C-1), which is the zoning designation most similar to and compatible with the uses proposed for the PUD. All standards and requirements of Local Commercial(C-1) shall apply unless specifically superseded by the standards and requirements of this Development Plan. 11.1 Prohibited Uses The Fuel Sales Specific Use will not be an allowable use under this zoning. In addition to the items strictly prohibited within Local Commercial (C-1), the following items are also expressly prohibited: There shall be no free-standing “Kiosk” type building or small light structures permitted in the parking areas or service areas outside of the main buildings. No truck or commercial vehicle of any kind shall be permitted to be parked on the property for a period of more than four (4) hours unless said vehicles are temporarily Attachment number 10 \nPage 5 of 52 Item # H 6 present and necessary and incident to the business on the property. No truck or commercial vehicle shall be parked overnight, except within a screened enclosure. No recreational vehicle of any kind shall be parked within the proposed development overnight, and no boats, boat trailers or trailers of any kind, campers or mobile homes shall be permitted to park overnight on or near the property at any time unless kept inside a screened enclosure. No truck, commercial or recreational vehicle of any kind shall be used as a domicile or residence, either permanent or temporary. 11.2 Cell Tower Parcel The cell tower parcel will be included in the subdivision for Wolf Ranch North and will not be required to have frontage to a public road. A permanent cross access easement to the cell tower parcel will be provided as part of the subdivision process. 11.3 Outdoor Sales and Displays Outdoor sales and displays are permitted in conjunction with the use of a building, so long as said outdoor sales are temporary in nature. Any outdoor sales continuing for more than three consecutive days are prohibited. Outdoor sales and displays in conjunction with the use of a building are further limited to the following areas: 11.3.1 Sidewalks Outdoor sales and displays are permitted on sidewalks adjacent to buildings, but limited to an area of no more than twenty-five percent (25%) of the sidewalk area that is located within fifteen feet (15’) from the building. In no event may the outdoor sale and display area exceed ten percent (10%) of the interior floor area of the adjoining building. The Code limits outdoor sales to 30% of the sidewalk area located within 5' of the building. 11.3.2 Dining Areas Any outdoor café or outdoor dining area (including outdoor seating for a restaurant, bar, tavern or pub) that: (i) is located and operated as an integral part of the principal use, and (ii) does not comprise a separate business use or a separate business activity is permitted. 11.4 Height Restrictions All height restrictions established for Local Commercial (C-1) shall apply to all buildings within the PUD. Height shall be measured to top of highest element including parapet walls, Attachment number 10 \nPage 6 of 52 Item # H 7 sloped roofs and architectural elements. One forty-five foot (45') foot decorative architectural feature, as part of the primary building design, may be considered by the Planning Director on the easternmost development, as shown on Exhibit “F-2”,with review of the Site Plan, provided that compatibility, appropriate scale, aesthetic enhancement of the intersection and consistency with the larger development area are considered in determination of approval. 11.5 Setbacks (See Exhibit B ) All setbacks established for Local Commercial (C-1) shall apply to all buildings and parking spaces within the PUD, except for the following setbacks: Side Setback = 0’ for internal lot lines. (Code requires 10’) Rear Setback to Residential District = 0’ (Code requires 25’, but a portion of the PUD abuts the cemetery (zoned RS) at the rear). All access drives proposed within the PUD are allowed to encroach within the Setbacks to allow for cross-access between the proposed lots. 11.6 Buildings 11.6.1 Building Materials All buildings will be constructed to follow a consistent architectural theme with building materials consistent with Section 7.04.040 of the Code. All building materials utilized within the PUD will be consistent with the materials shown on Exhibit “C-4”. 11.6.2 Building Articulation Horizontal Articulation will be achieved through the use of projecting canopies, awnings, masonry pilaster or accents or with change of materials and colors. Canopies may be freestanding trellis elements or extend as a fixed facade element. Vertical Articulation will be achieved by creating stepped parapets, towers or vertical feature elements that extend above and back over the primary roof structure. The facades of the retail shops will receive Vertical Articulation below the primary sign area, through the use of sloped and flat canopies or awning elements mounted at varying elevations. 11.7. Outdoor Storage, Service and Loading Areas All outdoor storage, truck docks, loading areas, trash compactors, refuse storage containers and ground-mounted service equipment will be screened from public view and constructed in compliance with the Code. Attachment number 10 \nPage 7 of 52 Item # H 8 11.8 Exterior Lighting 11.8.1 Minimal Spillover All site lighting will be designed and installed to restrict the level of illumination to two (2) foot candles maximum measured at a height of three feet (3’) at the property line of adjacent properties. All light fixtures will meet Illuminating Engineering Society of North America standards for sharp cutoff. Facade lighting shall be accomplished by the use of wall mounted light fixtures or ground lights. 11.8.2 General Parking Lot Illumination All site lighting will be designed and installed so that the level of illumination as measured in foot candles at grade provides a minimum of two (2) foot candles maintained. Where possible on the site to maintain acceptable light uniformity, a maximum to minimum light level design goal is not to exceed a ratio of five to one. Light fixtures will be a Quality-Lighting-Design SL – metal halide deep shoe box light with a concealed source and shall be mounted on maximum thirty (30') foot poles. The color of the light fixture and post shall be dark bronze, anodized finish. No general parking lot illumination light shall be attached to any structure.. 11.8.3 Building mounted lights at service areas and service entrances Standard wall pack, exposed source fixtures are prohibited. Fixtures are to be QL- Design SL-Metal halide, deep shoebox fixture with a concealed source. 11.9 Parking Requirements All parking and parking lot design shall be in compliance with Code Section 9.02. Cross parking and cross access will be in place for each development within the PUD. All access to parking aisles shall contain a painted stop bar on the exiting lane of the pavement designating both the need to stop and the direction of the travel lanes, eliminating the need for directional arrows as required in Section 9.03.020 of the Code. 11.10 Drive Aisle/Parking Space Widths The internal access drive aisles shall be as shown on Exhibit B (25’ in the East-West direction and 28’ in the North-South direction). All parking stalls that are accessed off of these drive aisles may by 9’ wide. Attachment number 10 \nPage 8 of 52 Item # H 9 All other drive aisles may be reduced to a minimum of 24’ and all parking stalls that are accessed off of these drive aisles may be 9’ wide. Code Section 9.03.020B requires 9’ wide parking stalls for 26’ drive aisles and 10’ wide parking stalls for 24’ drive aisles. 11.11 Drive-Through Stacking Requirements Restaurant drive throughs shall provide for a minimum of 8 stacking spaces as measured from the pick-up window. Code Section 9.04.010 allows for 6 stacking spaces measured from the order box and 4 spaces measured between the order box and the pick-up window. The length for the drive through stacking spaces shall be a minimum of 18.5’ which is being reduced from the required 20’ length as provided in Code Section 9.04.020A. These queuing spaces will not be allowed to encroach into the drive aisle in a manner that will impede traffic flow or block parking. 11.12 Rear Yard Screen Wall A 6’ high screen wall will be built along the rear property line, from the northwest corner of the property to twenty-five feet (25’) west of the northeast corner of the property, in accordance with the requirements of Code Section 8.07.070. The alignment of wall panels or groups of wall panels may be intermittently offset toward the interior of each parcel as required to avoid conflicts with existing tree trunks and major structural roots. In an effort to preserve as much root zone as possible, the Urban Forester will be included in decisions as to where the fence footings and panels will be located along the back property line. Open spaces between offset wall panels will be allowed. Attachment number 10 \nPage 9 of 52 Item # H 10 LIST OF EXHIBITS 1. Exhibit “A”: Property Description 2. Exhibit “B”: Development Site Plan 3. Exhibit “C”: Signage Plan 4. Exhibit “C-1”: Sign Descriptions 5. Exhibit “C-2": Signage Criteria 6. Exhibit “C-3” Monument Sign Elevation 7. Exhibit “C-4” Color Material Palette 8. Exhibit “D”: Utility Schematic and Drainage Plan 9. Exhibit “E”: Topography Map 10. Exhibit “F”: Tree Mitigation & Landscape Plan 11. Exhibit “F-1”: Gateway Landscape Buffer Sections 12. Exhibit “F-2”: Gateway Architectural Feature 13. Exhibit “G”: Existing Tree Plan 14. Exhibit “H": Sample Elevation 15. Exhibit “I”: Rear Screen Wall Exhibit 16. Exhibit “J” Summary of PUD Justification Attachment number 10 \nPage 10 of 52 Item # H EXHIBIT “A” PROPERTY DESCRIPTION Attachment number 10 \nPage 11 of 52 Item # H At t a c h m e n t n u m b e r 1 0 \ n P a g e 1 2 o f 5 2 It e m # H At t a c h m e n t n u m b e r 1 0 \ n P a g e 1 3 o f 5 2 It e m # H At t a c h m e n t n u m b e r 1 0 \ n P a g e 1 4 o f 5 2 It e m # H EXHIBIT “B” DEVELOPMENT SITE PLAN Attachment number 10 \nPage 15 of 52 Item # H H: \ J o b f i l e s \ S I M ( S i m o n ) \ S I M 1 1 0 3 3 ( W o l f R a n c h ) \ J o b f i l e s \ P U D \ C a d E x h i b i t s \ P U D E x h i b i t B . d w g 11 / 1 6 / 2 0 1 2 Wolf Ranch North Exhibit "B" - Development Plan Internal Access Road 25' Landscape Buffer At t a c h m e n t n u m b e r 1 0 \ n P a g e 1 6 o f 5 2 It e m # H EXHIBIT “C” SIGNAGE PLAN Attachment number 10 \nPage 17 of 52 Item # H H: \ J o b f i l e s \ S I M ( S i m o n ) \ S I M 1 1 0 3 3 ( W o l f R a n c h ) \ J o b f i l e s \ P U D \ C a d E x h i b i t s \ P U D E x h i b i t C . d w g 11 / 1 6 / 2 0 1 2 Wolf Ranch North Exhibit "C" - Signage Plan Approximate Location Sign A-2a (Typ. up to Five Locations) Approximate Location Sign A-2a or A-2b A-2aA-2aA-2a At t a c h m e n t n u m b e r 1 0 \ n P a g e 1 8 o f 5 2 It e m # H EXHIBIT “C-1” SIGN DESCRIPTIONS Attachment number 10 \nPage 19 of 52 Item # H Attachment number 10 \nPage 20 of 52 Item # H Attachment number 10 \nPage 21 of 52 Item # H Attachment number 10 \nPage 22 of 52 Item # H EXHIBIT “C-2” SIGNAGE CRITERIA Attachment number 10 \nPage 23 of 52 Item # H Attachment number 10 \nPage 24 of 52 Item # H Attachment number 10 \nPage 25 of 52 Item # H Attachment number 10 \nPage 26 of 52 Item # H Attachment number 10 \nPage 27 of 52 Item # H Attachment number 10 \nPage 28 of 52 Item # H EXHIBIT “C-3" MONUMENT SIGN ELEVATIONS Attachment number 10 \nPage 29 of 52 Item # H Attachment number 10 \nPage 30 of 52 Item # H EXHIBIT “C-4” COLOR MATERIAL PALETTE Attachment number 10 \nPage 31 of 52 Item # H Attachment number 10 \nPage 32 of 52 Item # H Attachment number 10 \nPage 33 of 52 Item # H Attachment number 10 \nPage 34 of 52 Item # H EXHIBIT “D” UTILITY SCHEMATIC AND DRAINAGE PLAN Attachment number 10 \nPage 35 of 52 Item # H H: \ J o b f i l e s \ S I M ( S i m o n ) \ S I M 1 1 0 3 3 ( W o l f R a n c h ) \ J o b f i l e s \ P U D \ C a d E x h i b i t s \ P U D E x h i b i t D . d w g 11 / 1 6 / 2 0 1 2 Wolf Ranch North Exhibit "D" - Utility Schematic and Drainage Plan Existing Inlet Remove Existing Inlet Existing Inlet Existing Inlet W Existing Water W Proposed Water SS Existing Sanitary SS Proposed Sanitary SD Existing Storm Drain SD Proposed Storm Drain FO Existing Fiber Optic OHE Existing Overhead Electric UGE Proposed Underground Electric G Proposed Gas New Curb Inlet Existing 8" Water Existing 8" Sanitary Line Proposed 8" Water Existing 36" Storm Drain Proposed Manhole Proposed Manhole Connect to Existing Manhole Proposed 8" Sanitary Line Existing Overhead Electric Proposed Gas Raw Water Line Connect to Existing Waterline Proposed Utility Sleeves Proposed Utility Sleeves Proposed Utility Sleeves Proposed Underground Electric Existing Fiber Optic Proposed Fire Hydrant Existing 8" Water At t a c h m e n t n u m b e r 1 0 \ n P a g e 3 6 o f 5 2 It e m # H EXHIBIT “E" TOPOGRAPHY MAP Attachment number 10 \nPage 37 of 52 Item # H H: \ J o b f i l e s \ S I M ( S i m o n ) \ S I M 1 1 0 3 3 ( W o l f R a n c h ) \ J o b f i l e s \ P U D \ C a d E x h i b i t s \ P U D E x h i b i t E . d w g 11 / 1 6 / 2 0 1 2 Wolf Ranch North Exhibit "E" - Topography Map At t a c h m e n t n u m b e r 1 0 \ n P a g e 3 8 o f 5 2 It e m # H EXHIBIT “F” TREE MITIGATION & LANDSCAPE PLAN Attachment number 10 \nPage 39 of 52 Item # H Attachment number 10 \nPage 40 of 52 Item # H EXHIBIT “F-1” GATEWAY LANDSCAPE BUFFER SECTIONS Attachment number 10 \nPage 41 of 52 Item # H Attachment number 10 \nPage 42 of 52 Item # H EXHIBIT “F-2” GATEWAY ARCHITECTURAL FEATURE Attachment number 10 \nPage 43 of 52 Item # H Attachment number 10 \nPage 44 of 52 Item # H EXHIBIT “G” EXISTING TREE PLAN Attachment number 10 \nPage 45 of 52 Item # H H: \ J o b f i l e s \ S I M ( S i m o n ) \ S I M 1 1 0 3 3 ( W o l f R a n c h ) \ J o b f i l e s \ P U D \ C a d E x h i b i t s \ P U D E x h i b i t G . d w g 11 / 1 6 / 2 0 1 2 Wolf Ranch North Exhibit "G" - Existing Trees At t a c h m e n t n u m b e r 1 0 \ n P a g e 4 6 o f 5 2 It e m # H EXHIBIT “H” SAMPLE ELEVATION Attachment number 10 \nPage 47 of 52 Item # H Attachment number 10 \nPage 48 of 52 Item # H EXHIBIT “I” REAR SCREEN WALL EXHIBIT Attachment number 10 \nPage 49 of 52 Item # H Attachment number 10 \nPage 50 of 52 Item # H EXHIBIT “K” SUMMARY OF PUD JUSTIFICATION The purpose of this PUD is to establish and encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. The irregularly shape development parcel provides for access constraints and development inefficiencies in the land use. This PUD contains many of the same criteria that is within the Wolf Ranch PUD, and we felt that it is important to have this development complement Wolf Ranch so we can provide a uniform and consistent theme for the residents and visitors entering the Gateway to Georgetown. Following is a list of the requests for leniency from the current code as well as a list of items being proposed that are above and beyond the code requirements. REQUESTS FOR LENIENCY LANDSCAPE Section 8.02.050.B Since the site has no Heritage Tree and therefore can not realize the benefit of saving that classification of tree, the same benefits are being requested to be granted by taking priority to save Protected Trees. . Parking stalls in excess of 50 feet from the trunk of a tree will be allowed due to the shape and special constraints of site and the preservation of existing trees. Section 8.04.040.B. Small, ornamental trees (in addition to shade trees) shall be allowed to meet the shade tree requirement of the Scenic Overlay District. Section 8.04.050.C.2 The majority of existing trees are hackberry and only a few desirable species exist on the developable portions of the site; therefore, only 15% of the Protected Trees are being preserved on site, compared to the 20% required by code. Table 8.02.030 Table 10.06.010 Sign Dimensions by District. SIGNAGE We are requesting the ability for one of our monument signs (Sign A-3 shown on Exhibit C) to be able to be 8’ in height to accommodate the potential for a multi-tenant use. This 8’ height is what currently exists at the outparcel developments along SH 29 at Wolf Ranch. The design of the sign will be consistent with the Wolf Ranch outparcel monument signs to maintain consistency along the SH 29 gateway corridor. All setbacks within the C-1 zoning have been maintained with the exception of the following: SETBACKS Rear setback to Residential District (RS). A portion of the tract will encroach upon this setback due to the zoning classification of the cemetery being RS. In lieu of adhering to this setback, a masonry-type fence will be installed along the entire rear property line to keep trash and debris from blowing onto the cemetery land and to provide privacy for family visiting loved ones that have deceased. We are requesting a reduction in the minimum aisle widths for 9’ wide, 90° stalls from 26’ to 24’ on all secondary drives within Development Areas A and B. This width is consistent with the drive aisles that are in use at Wolf Ranch. This request is being made to maximize the parking opportunities within this irregularly shaped development parcel. Table 9.03.020B We are requesting a reduction of Restaurant drive through spaces measured from the order box from six spaces to four spaces with a total required stacking of 8 spaces. This is consistent with the request that was made for the restaurant drive through on Lot 9 at Wolf Ranch. We will require that all additional stacking will not impede upon the internal access road shown on Exhibit “B”. Table 9.04.010 Attachment number 10 \nPage 51 of 52 Item # H We are requesting a reduction of Restaurant drive through spaces measured from the order box from six spaces to four spaces with a total required stacking of 8 spaces. This is consistent with the request that was made for the restaurant drive through on Lot 9 at Wolf Ranch. We will require that all additional stacking will not impede upon the internal access road shown on Exhibit “B”. Table 9.04.010 We are requesting a reduction in drive through queuing space length from 20’ to 18.5’. Because the triangularly shaped parcel provides for various site planning constraints, this request is being made so that we may be able to maximize the opportunity to provide for drive through restaurants within this development. The PUD will require that vehicular stacking at drive throughs will not impede upon the drive aisles or parking . Table 9.04.020A We are proposing to install a Gateway architectural feature, up to 45’, at the southeast corner of Development Area B, as shown on Exhibit “F-2”. This feature is intended to provide a visual offset from the vertical dominance of the existing cell tower and to complement the similar feature that exists at Wolf Ranch. Section 12.4 Height Restrictions BETTERMENTS Landscape Four percent more landscape area is being provided on the overall site area addressed by this PUD than the amount required by code. Section 8.04.030 Small, ornamental trees interspersed among shade trees will enhance the aesthetic of the street yards by diversifying foliage and flower colors and textures as well as visually softening the buildings and complimenting the scale of their facades. Section 8.04.050.C.2 Code requires shade trees to be a minimum of three inch (3”) caliper. This PUD requires a minimum of four inch (4”) caliper shade trees. Section 8.06.020 A superior, masonry or cementitious material will be used in lieu of wood for the Rear Yard Screen Wall, and the wall will extend along the entire cemetery boundary. Section 8.07.070 Enhanced materials (no plastic) will be required for edging of all turf grass areas A permanent, underground irrigation system will be provided within all landscaped areas. A pervious paver system for vehicular-use areas will be utilized within the root zones of existing trees. Overall, a minimum of forty-three percent of all caliper inches of currently existing trees will be saved and/or replaced. The ordinance requires mitigation for 40% of total diameter of Protected Trees removed. A 25’ medium level landscape buffer will be provided along the west side of the property per section 8.04.060.c.2. The code requires that a 25' setback only be provided. While the C-1 Zoning allows for Fuel Sales, we are establishing Fuel Sales as a prohibited use within this Development Plan. General The proposed plan eliminates four existing driveways and replaces them with two new drives. Attachment number 10 \nPage 52 of 52 Item # H City of Georgetown, Texas January 8, 2013 SUBJECT: First Reading of an Ordinance renaming County Road 111 to “Westinghouse Road” -- Edward G. Polasek, AICP, Transportation Services Director (action required) ITEM SUMMARY: Street renaming occurs under two scenarios in the City of Georgetown. The first is by petition of the property owners. The second is when the City annexes, takes over maintenance, or builds extensions to portions of County Roads or State Highways that make the name of those facilities inconsistent with the City's Street Naming Policy, which is the case with CR 111. Between 1986 to 2008 portions of CR 111 have been annexed into the City of Georgetown. There has been no official renaming of recently annexed portions of the roadway. Williamson County has agreed, and is the process of renaming portions of CR 111 between IH 35 and Rockride Lane (CR 110) to Westinghouse Road to have a consistent street name on the roadway. Staff Recommendation: Staff recommends approval of the ordinance. FINANCIAL IMPACT: SUBMITTED BY: Edward G. Polasek, AICP, Transporation Services Director ATTACHMENTS: Ordinance Street Renaming Ordinance Street Renaming Exhibit Background Memo Cover Memo Item # I October 25, 2012 To: Property owners abutting CR 111 Re: Road name change In an effort to limit the confusion of the Official name of Westinghouse Rd and CR 111, it has been decided to rename all portions of the roadway to the name “Westinghouse Rd”. This will include all segments of the road, from Interstate 35, all the way to the intersection of CR110/Rockride Ln. These segments include the address range from 100 – 3834. In short, there will no longer be any parcels addressed as CR 111, they will all be addressed as Westinghouse Rd. (See included location map) Renaming County Roads typically occurs in conjunction with an annexation process. Sometimes, as a City grows outwards, segments of the road are named as the City takes in each separate piece. In other cases, the roadway is renamed once the City takes in all portions of the roadway. In this particular case, the circumstances are different in that completely separate portions of the road have been annexed at different times. Therefore, in conjunction with Williamson County 911 Addressing, it was decided to rename the entire road at once. The entire length of the road is just under four miles. Of that distance, just over one mile of roadway falls completely within the City of Georgetown City Limits. Two additional miles of the roadway lie directly beside City of Georgetown City Limits, where the property on one side might be in the City, but the road itself is not. To further confuse matters, in the case of this road, all exit signs on Interstate 35 reference this road as “Westinghouse Rd”. This creates a dilemma for business owners who have a different address than the name of the road used to access their business. This letter should serve as your official notice of a change of address. On December 1st, 2012, I will officially make the change of address effective. From that day forward, please make every effort to begin using the new address. I have spoken with the local Post Office and they are aware of the impending change. The USPS does create a system that, for one calendar year, you should receive mail addressed as the old CR 111 address or the new Westinghouse Rd address. This courtesy is extended so that you can use any stationary or printed documents within that time period and also to allow your business and personal mail contacts to update your records to the new address. Attachment number 1 \nPage 1 of 2 Item # I You should continue using the same street number that you have always used, simply change the street name. For example, if your address was 1221 CR 111, it will now be 1221 Westinghouse Rd. In the months of December and January, you should see the street signs along CR 111 changed to reflect the new name. I will also notify the local Utility and Cable providers and will ensure that all of the pertinent Emergency Service databases are updated. You will need to contact any billing agencies or personal contacts and provide them with the new address. I understand that a change of address is inconvenient and cumbersome for all involved, and I make every effort to avoid the process whenever possible. However, situations such as this do arise where it becomes necessary. I hope that explaining the process and making myself available for information and assistance will make the process easier to adjust to and prepare for. If you have any questions or concerns regarding this address change or the City addressing policy in general, please feel free to contact me at (512) 930-8161 or email me at jess.henderson@georgetown.org Respectfully, Jess Henderson City of Georgetown Addressing Coordinator/ GIS Analyst Attachment number 1 \nPage 2 of 2 Item # I Ordinance No. _______________ Page 1 of 2 CR 111 to Westinghouse Road Renaming January 22, 2013 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, renaming a portion of CR 111 to “Westinghouse Road”; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, on January 24, 2006, the City adopted an ordinance establishing a uniform addressing and street naming policy for the City; and Whereas, due to annexation of areas that include portions of CR 111 Right of Way, the continued use of the name “CR 111” on the annexed portion is inconsistent with the City’s street naming policy; Whereas, the City Council of the City of Georgetown finds that it is in the public’s best interest to resolve these inconsistencies by assigning names to the subject streets in a manner consistent with the City’s street naming policy. 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 Vision Statements, Goals and Policies of the 2030 Comprehensive Plan: Goal 3: Provide a development framework for the fringe that guides sound, sustainable patterns of land use, limits sprawl, protects community character, demonstrates sound stewardship of the environment, and provides for efficient provision of public services and facilities as the city expands. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statements, Goals and Policies.. Section 2. The City Council of the City of Georgetown hereby renames the portion of CR 111, from IH 35 continuing east to CR 110 (Rockride Lane), to Westinghouse Road. 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. Attachment number 2 \nPage 1 of 2 Item # I Ordinance No. _______________ Page 2 of 2 CR 111 to Westinghouse Road Renaming January 22, 2013 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 accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 8th day of January, 2013 PASSED AND APPROVED on Second Reading on the 22nd day of January, 2013. ATTEST: THE CITY OF GEORGETOWN: ____________________________ By:_____________________________ Jessica Hamilton, City Secretary George Garver, Mayor APPROVED AS TO FORM: _______________________________ Bridget Chapman, City Attorney Attachment number 2 \nPage 2 of 2 Item # I C R 1 1 2 C R 1 6 6 C R 1 8 6 RIDGEBENDDR PARKVISTATRL W E S T I N G H O U S E R D HI D D ENBROOKLN F O X D R MEADOW- SIDELN FLAT STONE CT C O M M E R C E B L V D P A G E W H I T N E Y P K W Y P A R K C E N T R A L B L V D H I L L V U E R D B O N N I E L N M I D N I G H T L N C E N T E R B R O O K P L WOODVIS TA PL R I D G E F I E L D L O O P O L D M E A D O WC TG RA N D V I S T A C I R GREEN VISTA CT ROCK MIDDEN LN C R 1 8 6 JULIANAS WAYUNIVERSITY B L V D E A G L E S N E S T S T F M 1 4 6 0 ")1460 SUNRISE RD FAIRWAYPATH HALEYS WAY S A T E L L I T E V I E W L O O K O U T R D G B E N T P AT H S O L I T A I R E HEWLETT LOOP S E R V I C E MEADOW- SIDE PATH FAIRWAY PATH C L O V E R D A L E L N L O N E T R E E P A T H GREENSIDE TRL GATE WAY DR BENT WOOD CT S I E R R A W A Y S T WOOD MESA DR P L A C I D C R E E K C T T O N I A L O O P HID D E N VIE W C T O R I O N S T OLDRAVINECT SIRIUS ST H I L L R I D G E D R F O R K R I D G E P A T H C L E A R M E A D O W C T Q U I C K S I L V E R C R B R O O K VIE W C T GREEN VISTA PL §¨¦35 C L E A R V I E W D R L O R S O N L O O P T E R A V I S T A P K W Y HIDDEN VIEW PL S A N D Y B R O O K D R B L U E S P R I N G S B LV D M E A D O W V I S T A L N S T O N E SL O P E C T G L E N - F I E L D C TASH T R E E C T G R E A T - VIE W C T WINDIN G CREEK PL L O S T L E D G E P A T H C O U R T N E Y D R C L E A R V I E W D R S U N R I S E R D O U T C R O P PAT H P R E C I P I C E W A Y F L I N T W O O D LN F LI N T W O O D C T U N I V E R S I T Y B L V D M E S Q UI T E H O L L O W P L PA R K RID G E PAT H R I D G E LI N E B L V D A V A L A N C H E A V E CRESTWOOD LN F A L L I N G B R O O K C T HILL RID G E C T BENT WOOD PL QUICKSILVER ST ASHLEY DR P I G E O N V I E W S T K E L L E Y D R S T O N E - TERRA ST HA V E N L N R A B B I T H I L L R D C R 1 1 1 F M 1 4 6 0 WEST M E A D OWTRL C R 1 1 1 R A BBIT H I L L T R L T E R A V I S T A P KWY OAKMONT DR TERAVIS T A C L U B D R T E R A V I S T A C L U B D R C L E A R - V I S T A HIDDE NSPRINGSPATHWOOD- H A V E N PAT H BLUE RIDGE DR W IN D B E R RY CT HERITA G E W E L L L N G R E E N T R E E D R R E S TON S C E N I C LAKED R W E S T E R N L A K E D R M O NTI- C E L LO CT QUIET WATER PASS B A R C H E T T A D R CVASB U R Y PA R K D R W A N D E R I N G G REYLEAFPATH W OOD- HAVEN CT H A V E N T R L W O O D FAIR M EAD O W DR V A L L E C I T O D R A N I M A S D R G R A N D M E S A D R V I N E T R L DR E S D E N C V C A N Y O N S A G E P A T H R A D C L I F F L N K E M P WO O D L O O P V I S T A V E R D E P A T H RAIN- MEADOW PATH SPICEBERRY PATH W E S T V A L L E Y P L P E B B L E S T O N E T R L GREENSIDEDR CERVINIA DR M O N T E R O S A L N C O U R M AYEUR MONTE R O S A LOOP R A B B I T H I L L R D R O C K R I D E L N C R 1 1 1 APRILMDWSLOOP SUNNYMDWSLOOP SUNNY TRL DR C O A C H L I G H T D R SCENIC LK DR S U M M I T H I L L COLONY GLN C H E S T N U T M E A D O W S B N D M A N C O S D R C R E S T E D B U T T E N A T U R I T A D R G R A N D J U N C T I O N T R L HewlettSubdivision Park CentralOne MidwayBusinessPark La Conterra Teravista Teravista Teravista 1 inch = 2,000 feet± Legend Proposed Street Existing Street Georgetown City Limits Affected Roadway Affected Parcels Attachment number 3 \nPage 1 of 1 Item # I City of Georgetown, Texas January 8, 2013 SUBJECT: Consideration and possible action to award a contract for the Austin Avenue Sidewalk Widening Project to Keystone Construction, Inc. of Austin Texas for the base bid of $177,475.00 plus alternate bids of $53,400.00 for a total contract amount of $230,875 -- Mark Miller, Transportation Services Manager and Laurie Brewer, Assistant City Manager ITEM SUMMARY: This project publicly advertised November 11th and 18th with bid opening on the Nov 27th. This project will widen the west sidewalk along Austin Avenue between 7th and 8th Street to increase visibility of businesses and create an improved atmosphere encouraging outdoor shopping and dining. The project will correct accessibility issues currently existing on the sidewalks as well as improve drainage issues related to roof drains and overhangs. The $53,400.00 alternate bid #2 is for the installation of new raised lighted and irrigated planters and alternate bid #3 for no additional cost will put ADA compliant bar grate covers over the new drain flume. Seven parking spaces will be eliminated as a result of the widening. Due to the scope expansion of this project pushing the current costs beyond the original budget, alternate bid #1 adding a “water feature” or recirculation system to the flume is not being recommended. Staff also discussed the possibly negative public perception of adding a water feature in the downtown area during a time of strict water conservation. The current design of the flume will include piping that will facilitate return water if a water feature is funded and deemed appropriate at a future date. Staff has met with and discussed issues with the fronting merchants throughout the development process. The project and construction schedule was derived using their input. The construction will be scheduled (pending council approval) to begin as soon as the contract documents can be signed with substantial completion before the Poppy Festival in late April. Steger Bizzell Engineering evaluated the bids and are recommending award. GTAB BOARD RECOMMENDATION: Due to the narrow window for construction and the cancellation of the December GTAB meeting, staff is asking council to approve the award without GTAB recommendation so the timing of completion will favor the merchants sales season. This project was budgeted in the Downtown Tax Increment Reinvestment Zone Fund. STAFF RECOMMENDATION: Staff recommends the project and feels the bids support a good value for the work being done and feels the improvements will be a positive addition on the square. FINANCIAL IMPACT: Funds were budgeted in the Downtown Tax Increment Reinvestment Zone in 2011/12 for this project. Additional funds from Parks budget were added to address the tree well improvements and tree replacements. Funds from Stormwater Drainage are also utilized in order to address the unique drainage issues for the buildings. SUBMITTED BY: Mark Miller - Transportation Services Manager (ljw) ATTACHMENTS: Cover Memo Item # J Engineers Letter of Recommendation Bid Tab Financial Worksheet Cover Memo Item # J At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # J At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # J At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # J DATE: PROJECT NAME:1CJ 1/8/2013 Division/Department:Director Approval Prepared By:Laura Wilkins Finance Approval La'Ke01/03/13 TOTAL ANNUAL BUDGET 236,000.00 (Current year only) Actual Cost Agenda Total Spent Encumbrance Item & Encumbered % Annual (A) before agenda item (B)(A + B) Budget Consulting 0.00 0% Right of Way 0.00 0% Construction - Base Bid 177,475.00 177,475.00 75% Other Costs - Alternate Bids 36.00 53,400.00 53,436.00 23% Total Current Year Costs 36.00 230,911.00 Approved GENERAL LEDGER ACCOUNT NUMBER CY Budget 293-9-0602-90-004 136,000.00 640-9-0880-90-020 100,000.00 Total Budget 236,000.00 TOTAL PROJECT BUDGET 236,000.00 (includes all previous yrs) Prior Years Current Year Total Project % Total Spent/Encumbered Costs Costs Budget Consulting 0.00 0.00 0% Right of Way 0.00 0.00 0% Construction 177,475.00 177,475.00 75% Other Costs 53,436.00 53,436.00 23% Total Project Costs 0.00 230,911.00 230,911.00 Comments: Georgetown Utility Systems (GUS) Austin Avenue Sidewalks - Keyston Construction CIP- Budgetary and Financial Analysis Worksheet Attachment number 3 \nPage 1 of 1 Item # J City of Georgetown, Texas January 8, 2013 SUBJECT: Consideration and possible action to approve a Resolution of the City Council approving and adopting amendments to the bylaws of the City Planning and Zoning Commission -- Bridget Chapman, Acting City Attorney and Andrew Spurgin, AICP, Planning Director (action required) ITEM SUMMARY: This resolution is a bylaw change to enable the Planning and Zoning Commission to meet more than one time each month. Allowing for additional Commission meetings is important to maintain efficient meeting procedures as future development application workload increases. This change will also prevent unnecessary delays in the development approval process. In cases where there are no applications requiring Commission action, staff will not schedule a Commission meeting. FINANCIAL IMPACT: None. SUBMITTED BY: Andrew Spurgin, AICP, Planning Director ATTACHMENTS: Bylaws Resolution Cover Memo Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 1 of 7 BYLAWS CITY OF GEORGETOWN PLANNING AND ZONING COMMISSION ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Planning and Zoning Commission (“Commission”). Section 1.2. Purpose. a. The Commission is established to exercise the powers and duties of a zoning commission as permitted by law, including Local Government Code Chapter 211, the City Charter, the City Unified Development Code, and the City Code of Ordinances, as each may be amended. See Ordinance Chapter 2.48. b. The Commission has the power, and its duties include: 1. making appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; 2. making plans and maps of the whole or any part or portion of the City and of land outside the City located within five miles of the City limits and any other land outside the City, which, in the opinion of the Commission, bears a relation to the planning of the City and making changes in, additions to and extensions of such plans or maps when it deems the same advisable; 3. acting with and assisting all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; 4. recommending to the City Council the passage of such ordinances as it may deem necessary to carry out its program; 5. recommending to the City Council the adoption of a comprehensive community plan for the guidance and control of the future development of the community; 6. making studies and recommending to the City Council plans for clearing the City of slums and blighted areas; and Attachment number 1 \nPage 1 of 7 Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 2 of 7 7. aiding and assisting the City Council in the annual preparation of a long range capital improvement budget and determining sources of funds. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be comprised of seven (7) Members. Section 2.2. Eligibility. Each Member shall be a registered voter eligible to vote in City elections, reside in the City of Georgetown corporate limits, and have resided in the City of Georgetown for one year preceding their appointment. The Commission shall be broadly representative as a whole. Members shall be drawn, for example, from different residential areas, different racial and ethnic groups, different occupations and professions and different interest groups. Section 2.3. Appointment of Commission Members and Commissioners-in- Training. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall also appoint three persons, who would be qualified to serve on the Commission, as Commissioners-in-Training. Commissioners-in-Training shall not serve as alternates or as proxies for any Commission Member but shall be eligible to be appointed to the position of Commission Member upon the expiration of the term of a regular Commission Member or upon a vacancy on the Commission. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or Attachment number 1 \nPage 2 of 7 Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 3 of 7 to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Commission Officers are Chairman, Vice-Chairman and Secretary. The Chairman is appointed by the City Council during the annual appointment process. The other Commission Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice- Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice-Chairman shall perform the duties delegated to the Vice-Chairman by the Commission. The Vice-Chairman presides at Commission meetings in the Chairman’s absence. The Vice-Chairman shall perform the duties of the Chairman in the Chairman’s absence or disability. Attachment number 1 \nPage 3 of 7 Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 4 of 7 c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet at least once a month on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. One additional meeting per month may be called with consent of the Commission and at the direction of the Planning Director, as needed. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman or, if absent, by the Vice-Chairman. In the absence of both the Chairman and Vice-Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Attachment number 1 \nPage 4 of 7 Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 5 of 7 Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City’s Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member’s option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Attachment number 1 \nPage 5 of 7 Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 6 of 7 Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Subcommittees comprised of non-Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission’s proposed amendments to the Attachment number 1 \nPage 6 of 7 Item # K Planning and Zoning Commission Bylaws Revised May 2011 Page 7 of 7 Bylaws must be approved by City Council at the next Council meeting after the Commission’s approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the _____ day of ____________________, 20__. ATTEST: THE CITY OF GEORGETOWN _____ _____ City Secretary Mayor Approved and adopted at a meeting of the Commission on the ______ day of _________________, 20____. ATTEST: COMMISSION _____ _____ Commission Secretary Commission Chairman Attachment number 1 \nPage 7 of 7 Item # K RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE AMENDMENTS TO THE BYLAWS OF THE CITY PLANNING AND ZONING COMMISSION WHEREAS, the City Council finds it necessary to make certain amendments to the Bylaws of the City Planning and Zoning Commission; and WHEREAS, the attached Bylaws have been amended to clarify the meeting dates and schedule for the Planning and Zoning Commission. NOW THEREFORE BE IT RESOLVED: SECTION ONE. 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 TWO. The Bylaws attached as Exhibit A are hereby approved and adopted by the City Council. SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. SECTION FOUR. This Resolution shall become effective upon its adoption. PASSED AND APPROVED on the _____ day of __________, 2012. ATTEST: CITY OF GEORGETOWN, TEXAS ______________________________ By: _____________________________ Jessica Brettle, City Secretary George G. Garver, Mayor APPROVED AS TO FORM: Attachment number 2 \nPage 1 of 2 Item # K ___________________________________ Bridget Chapman Acting City Attorney Attachment number 2 \nPage 2 of 2 Item # K City of Georgetown, Texas January 8, 2013 SUBJECT: Discussion and possible action to approve a Resolution supporting the addition of lettering “Home of Southwestern University” on all of the City’s gateway Monument Signs -- George Garver, Mayor and Paul E. Brandenburg, City Manager ITEM SUMMARY: The Mayor recommends that Council consider putting "Home of Southwestern University”on all of our monument signs, includingthe large one on I-35 and Westinghouse Road. We currently have “Home of Southwestern University” on the smaller monument sign on the east side of Highway 29 which is located on Southwestern property. With the retirement of President Jake Schrum, this action would memorialize his work and efforts, as well as further recognizing the importance of Southwestern University’s presence in our community. Thereis the possibility that TXDOT may be sensitive to any signs that are in their rights-of-way that “market” or “advertise”. Staff is following up with local TXDOT officials to verify whether we can add “Home of Southwestern University” to the Westinghouse/I-35 monument sign, and if so, we will ensure compliance with their approval process. Furthermore, the way that this particular sign was constructed and illuminated, the additional wording will not be visible at night. The Mayor and staff respectfully requests that Council consider approval of a Resolution supporting the addition of lettering “Home of Southwestern University” on all of its monument signs, including the one located at Westinghouse and IH-35 contingent upon TXDOT approval if it is required. ATTACHMENTS: 1. Proposed Resolution 2. Graphics FINANCIAL IMPACT: Cost Estimates: IH-35 and Westinghouse Road $3,098.99 D.B. Wood Road and Highway 29 on the Church of Christ Campus $2,706.00 South Inner Loop and South Austin Avenue across I-35 from Inner Caverns $2,706.00 $8,510.99 Cover Memo Item # L If approved by the City Council, funding is available in the Council’s Contingency Account. SUBMITTED BY: George Garver, Mayor and Paul E. Brandenburg, City Manager ATTACHMENTS: Proposed Resolution IH-35/Westinghouse Monument Sign Proof Night Illumination - IH-35/Westinghouse - Monument Sign Monument Sign - East Hwy 29 Cover Memo Item # L Resolution No. Page 1 of 2 Monument Sign—Southwestern University Date Approved RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS SUPPORTING THE ADDITION OF LETTERING “HOME OF SOUTHWESTERN UNIVERSITY” ON ALL OF THE CITY GATEWAY MONUMENT SIGNS. WHEREAS, “Home of Southwestern University” is included on the City monument sign located on Southwestern University property on the east side of Highway 29; and WHEREAS, it has been requested that the City consider adding “Home of Southwestern University” on the other City gateway monument signs located at: I-35 and Westinghouse Road; D.B. Wood Road and Highway 29 on the Church of Christ Campus; and South Inner Loop and South Austin Avenue across I-35 from Inner Caverns. WHEREAS, with the retirement of President Jake Schrum, this action would memorialize his efforts, as well as further recognizing the importance of Southwestern University’s presence in our community; and WHEREAS, since the monument sign at I-35 and Westinghouse Road is located on Texas Department of Transportation (TxDOT) right-of-way, City Staff has contacted TxDOT to ensure compliance with its approval process for modifications to that monument sign; and WHEREAS, the City Council supports adding “Home of Southwestern University” on all City gateway monument signs. NOW THEREFORE BE IT RESOLVED: SECTION ONE. 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 TWO. The City Council hereby supports the addition of “Home of Southwestern University” on the City gateway monument signs located at Westinghouse Road and IH-35, D.B. Wood Road and Highway 29, and South Inner Loop and South Austin Avenue. Attachment number 1 \nPage 1 of 2 Item # L Resolution No. Page 2 of 2 Monument Sign—Southwestern University Date Approved SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. SECTION FOUR. This Resolution shall become effective upon its adoption. PASSED AND APPROVED on the _____ day of __________, 2013. ATTEST: CITY OF GEORGETOWN, TEXAS ______________________________ By: _____________________________ Jessica Brettle, City Secretary George G. Garver, Mayor APPROVED AS TO FORM: ___________________________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # L At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # L Attachment number 3 \nPage 1 of 1 Item # L Attachment number 4 \nPage 1 of 1 Item # L City of Georgetown, Texas January 8, 2013 SUBJECT: Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - LCRA Update ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # M City of Georgetown, Texas January 8, 2013 SUBJECT: Sec. 551.072: Deliberation about Real Property -1460 Inner Loop Right of Way ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary Cover Memo Item # N