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HomeMy WebLinkAboutAgenda CC 10.09.2007Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, October 9, 2007 The Georgetown City Council will meet on Tuesday, October 9, 2007 at 06:00:00 PM at City Council Chambers, at the northeast comer of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A 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 - Discussion and possible action concerning threatened litigation by business owner related to curbing, sidewalk and parking improvements on Main Street - Discussion and possible action concerning the status of mediation in the threatened litigation of Pedernales Electric Cooperative, et al. v. LCRA - Discussion and possible action concerning legal issues related to the Utility Agreement and the Development Agreement between the City and Laredo W.O. Ltd. (f/k/a ABG) - Discussion and possible action concerning legal issues related to the Utility Agreement and Development Agreement between the City and the Oaks at San Gabriel, LLC B Sec 551.072: Deliberations about Real Property - Discussion and possible action concerning the acquisition of a 0.04 acre Clear Zone Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue, in connection with the Texas Department of Transportation/Austin Avenue Maintenance Project. -- Jim Briggs, Assistant City Manager for Utilities, and Terri Glasby Calhoun, GUS Paralegal - Consideration and possible action concerning a Resolution Finding Public Convenience and Necessity and Eminent Domain Proceedings, if necessary, related to the acquisition of a 0.180 -acre water line easement and a 0.468 -acre temporary construction easement from Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in connection withthe 16' Sun City Irrigation Water Line Project —Terri Glasby Calhoun, Paralegal and Patricia E. Cads, City Attorney 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.) C Call to Order D Pledge of Allegiance E Comments from the dais - Economic Development Award Presentation F Public Wishing to Address Council - Sandra Taylor of Pedernales Electric Cooperative regarding update of PEC activities in Georgetown area - Dennis Perz regarding the 2007 State Native Plant Society Symposium - David Osmar regarding beer and wine petition for local businesses G Announcements and Comments from City Manager City Council Agenda/October 9, 2007 Page 1 of 5 Pages H Action from Executive Session 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. I Consideration and possible action to approve the minutes of the City Council Meeting on Tuesday, September 25, 2007 and a correction to the minutes of the September 11th City Council Meeting — Sandra D. Lee, City Secretary J Consideration and possible action to authorize Paul Brandenburg, Georgetown City Manager, to sign a contract permitting the Georgetown Public Library to receive direct financial aid in the amount of $13,271 from the Texas State Library & Archives Commission through the Loan Star Libraries Grant program -- Eric Lashley, Library Services Director and Randy Morrow, Director of Community Services K Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for approval of an allocation of $3,600.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown Heritage Society for assistance with advertising the two day Holiday Home Tour in Historic Georgetown — Shelly Hargrove, Tourism Director and Main Street Manager L Consideration and possible action to authorize a contract with Ampersand Agency to conduct the 2008 City of Georgetown Quality of Life Citizen Survey, in an amount not to exceed $20,000 — Micki Rundell, Director of Finance and Administration M Consideration and possible action concerning a Resolution Finding Public Convenience and Necessity and Eminent Domain Proceedings, if necessary, related to the acquisition of a 0.180acre water line easement and a 0.468 -acre temporary construction easement from Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in connection with the 16" Sun City Irrigation Water Line Project -- Tem Glasby Calhoun, Paralegal and Patricia E. Carts, City Attorney N Consideration and possible action to approve a request to place a bronze plaque in the Pilots Lounge in the Airport Terminal — Travis McLain, Airport Manager O Consideration and possible action to authorize the Mayor to sign a letter of support to the Lower Colorado River Authority for a Community Development Partnership Program Grant Application for Swift Water Rescue Equipment — Paul E. Brandenburg, City Manager Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: P Consideration and possible action on an appeal from the decision of the Urban Forester denying two Tree Removal Permits for the property located at the Northeast comer of State Highway 29 and Wolf Ranch Parkway -- Heather Brewer, Urban Forester and Bobby Ray, AICP, Director of Planning and Development Q Consideration and possible action regarding suggested Unified Development Code (UDC) amendments for possible inclusion in the 2007-2008 UDC amendment process — Bobby Ray, AICP, Director of Planning and Development R Consideration and possible action to provide staff direction concerning an ETJ Agreement with the City of Hutto — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development S Consideration and possible action to approve a Resolution approving the City of Hutto, Texas as a member of the Williamson County and Cities Health District— Paul E. Brandenburg, City Manager T Consideration of a resolution placing a name In nomination for the election of Directors for the Williamson County Appraisal District (WCAD) — Paul E. Brandenburg, Ctiy Manager U Consideration and possible action to appoint a temporaryjudge for Municipal Court -- Cathy Leloux, Court Administrator and Micki Rundell, Director of Finance and Administration V Consideration and possible action of an award of a bid for Police vehicles to Philpott Ford in the amount of $397,602.00 — Terry Jones, Support Services Manager and Micki Rundell, Director of Finance & Administration City Council Agenda/October 9, 2007 Page 2 of 5 Pages W Consideration and possible action to approve award of the bid for vehicles to Philpott Ford and Hewlett Chevrolet in the amount of $258,401.00 — Terry Jones, Support Services Manager and Micki Rundell, Director of Finance & Administration X Consideration of an award of a bid for Police motorcycles to Georgetown Honda in the amount of $87,772.00 — David Morgan, Police Chief and Marsha Iwers, Purchasing Manager Y Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an amount not to exceed $120,000 for fiscal year 2007-08 — Eric Lashley, Director of Library Services and Randy Morrow, Director of Community Services Z Consideration and possible action to amend the development agreement between the City and 500 South Austin Ave, LP to revise the project schedule -- Tom Yantis, Assistant City Manager AA Items Forwarded from the Georgetown Transportation Advisory Board: 1. Consideration and possible action on Williams Drive Progress Report, Surface Transportation Program — Metropolitan Mobility (STP -MM) funds and Pass -Through Financing as potential funding sources — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development 2. Consideration and possible action to approve a resolution approving the design of the College Street Bridge and recommending the Texas Department of Transportation to proceed with the final design and construction as presented; and establishing an effective date — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations BB Second Readings 1. Second Reading of an Ordinance of the City of Georgetown, Texas, adding new Section 10.12.081 of the Code of Ordinances relating to rate of speed on FM 971 in the City Limits of the City of Georgetown; defining speeding and fixing a penalty therefore; providing a severability clause; repealing conflicting laws; providing for publication; and establishing an effective date — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 2. Second Reading of an Ordinance amending Section 2.36.010(D) of the Code Of Ordinances relating to Attendance Requirements for Board, Committee and Commission Members — Paul E. Brandenburg, City Manager and Patricia E. Carts, City Attorney 3. Second Reading of an Ordinance amending Sections 12.48.010 and 12.48.020 of the Code Of Ordinances relating to Commissioners in Training for the Planning and Zoning Commission — Paul E. Brandenburg, City Manager and Patricia E. Carts, City Attorney 4. Second Reading of an Ordinance Renaming a portion of CR 102 to Lawhon Lane; renaming a second portion of CR 102 to White Eagle Pass -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development 5. Second Reading of an Ordinance for a Comprehensive Plan Amendment from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donegan Survey to be known as 29 Oaks, located on Hwy 29 W. — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development 6. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Levet from 1, 3, 4, and 5 to Intensity Level 3 for 1543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245 — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development 7. Second Reading of Ordinances for 1) a Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi -Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan to re -align a collector -level road and 2) a Rezoning from AG, Agriculture to MF, Multi -Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051), located at FM 971 and SH 130 — Jordan Maddox, Planner II and Bobby Ray, AICP, Director of Planning and Development 8. Second Reading of an Ordinance to Rezone from AG, Agriculture district to C-1, Local Commercial District (21.41 acres), MF, Multifamily District (42.0 acres) and RS, Residential Single -Family District (20.0 acres) for two tracts totaling approximately 84.0 acres in the William Addison Survey, also known as the Gaddy City Council Agenda/October 9, 2007 Page 3 of 5 Pages Parcel, located at the southwest comer of CR 110 and SE Inner Loop —Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development 9. Second Reading of an Ordinance to Rezone from RS, Residential Single -Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460 — Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development 10. Second Reading of an Ordinance amending the 2007/08 Annual Operating Plan Element (budget) for adjustments related to the timing of projects — Micki Rundell, Director of Finance and Administration 11. Second Reading of an Ordinance amending the 2006/07 Annual Operating Plan Element (budget) for end of year adjustments related to bond proceeds, grant revenue, timing of projects and elimination of deficit Sanitation Fund Balance — Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration 12. Second Reading of an Ordinance amending definitions and qualifications within the wastewater rates in order to make the rate schedules more clearly applicable -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration 13. Second Reading of an Ordinance amending commercial utility deposit policy to more closely align the process with industry standards and encourage economic development — Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration 14. Second Reading of an Ordinance amending the monthly fee charged for locking devices for commercial garbage containers — Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration 15. Second Reading of an Ordinance amending utility collection and disconnection policies in order to incorporate new collection opportunities, more closely reflect cost of service, discourage utility non-payment, and align charges with industry standards. It also includes a provision for a penalty waiver for the disabled that was not included in the first reading — Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration CC Public Hearings/First Readings 1. Public Hearing and First Reading of Ordinances for 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture District to BP, Business Park District for 29.44 acres and to IN, Industrial District for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295, located approximately 2,000 feet southeast of the intersection of SE Inner Loop and Blue Springs Parkway— Elizabeth Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development 2. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, denying the rate Increase proposed by the ATMOS Energy Corporation, Mid -Tex Division; authorizing participation in a coalition of cities known as ATMOS Texas Municipalities ("ATM"); authorizing the hiring of lawyers and rate experts; requiring the reimbursement of municipal rate case expenses; fnding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date -- Jim Briggs, Assistant City Manager for Utility Operations Certificate of Posting I, Sandra Lee, 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 , 2007, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Sandra Lee, City Secretary City Council Agenda/October 9, 2007 Page 4 of 5 Pages Council Meeting Date: October 9, 2007 Item No.: M AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action concerning a Resolution Finding Public Convenience and Necessity and Eminent Domain Proceedings, if necessary, related to the acquisition of a 0.180 - acre water line easement and a 0.468 -acre temporary construction easement from Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in connection with the 16" Sun City Irrigation Water Line Project. ITEM SUMMARY: Staff has been unable to reach agreement with the landowner(s) concerning the acquisition of the subject easement(s). Accordingly, a resolution is needed authorizing acquisition by eminent domain, if necessary. ATTACHMENTS: Proposed Resolution Submitted By: Jim Briggs, Assistant City Manager for Utility Operations Patricia E. Carls, Brown & Carls, LLP, City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition of easements upon, over, under and/or across property described in the attached Exhibit "A", which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Property," for construction, reconstruction, improvement, operation and maintenance and extension of public utility lines (the "Project"); and WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the "City") hereby fords that public convenience and necessity requires acquisition of utility easements on the sites described in the attached Exhibit "A", which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the "Utility Easement(s)" in connection with the "Project"; and, WHEREAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of the City, lay out the utility lines and acquire the Utility Easements upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of utility lines, and appurtenances thereto; and, WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title companies, architects, or other persons or companies to effect the laying out, establishment, and acquisition of the Utility Easements, and the construction of utility lines, and appurtenances; WHEREAS, in order to acquire the Utility Easements, it will be or has been necessary for the City's agents, representatives, or employees to enter upon the Property for the purpose of surveying and establishing said land titles and to determine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and, WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for each of the parcels to be acquired for the Project; Resolution No. Griffin PCN -ED Resolution (16" Sun City Irrigation Water Line Project) Page 1 of 3 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 1. That in order to promote the public health, safety, and welfare, public convenience and necessity require the construction, reconstruction, improvement, operation and maintenance and extension of water, wastewater, electric, or other public utility lines on the real property described in the attached Exhibit "A". 2. That public convenience and necessity require the acquisition of easements upon, over, under and across the Property and other properties for the purposes of construction, reconstruction, improvement, operation, and maintenance and extension of water, wastewater, electric, or other public utility lines, and appurtenances thereto. 3. That the City's agents, representatives, or employees are hereby authorized to: a. Lay out the exact location of the land area needed from the Property or other properties; b. Hire such engineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to effect the laying out of the facilities, the establishment and acquisition of the required easements, and the construction of the utility lines, and appurtenances thereto; C. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the easements, and to conduct tests; d. Negotiate with the owners of any such properties for the purchase thereof; e. To purchase easement title to the Utility Easement, and execute all documents necessary to acquire such easements, all subject to express approval of the specific, negotiated terms by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for easement title for the Utility Easement in the event the owner(s) fail to accept a bona fide offer to purchase the Utility Easement(s); and g. Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 5. That all previous acts and proceedings done or initiated by the City's agents, representatives, or employees for the establishment of the Project, including the negotiation for and/or acquisition of any necessary property rights in the Property and Utility Easement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. Resolution No. Griffin PCN -ED Resolution (16" Sun City Imgation Water Line Project) Page 2 of 3 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 7. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of Georgetown this _ day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: 0 Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Brown & Carls, LLP City Attorney Gary Nelon, Mayor Resolution No. Griffin PCN -ED Resolution (16" Sun City Irrigation Water Line Project) Page 3 of 3 EXHIBIT old A METES AND BOUNDS DESCRIPTION BEING A 0.180 -ACRE TRACT OF LAND SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF PARCEL 5, A CALLED 12.50 -ACRE TRACT OF LAND CONVEYED TO DELIA COCKE GRIFFIN AND FAYETTE FRANCIS GRIFFIN, HUSBAND AND WIFE AS DESCRIBED IN DOCUMENT NO. 2002072799 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.180 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an 1/2" iron rod found monumenting the southwest corner of said 12.50 -acre Griffin tract, same being the northwest corner of a called 4.58 -acre tract of land (Exhibit "C") conveyed to the W.D. Kelley Foundation as described in Document No. 2002001129 of the Official Public Records of Williamson County, Texas, same being on a point in the easterly right-of-way line of Interstate Highway No. 35 (right-of-way width varies), to be called I.H. 35 herein, from which a concrete monument found monumenting an angle point in the westerly boundary line of said Kelley Foundation tract, same being on a point in said easterly right-of-way line of I.R. 35, bears 826"47'39"W for a distance of 325.25 feat, BEARING BASIS: NAD -83(1993), TEXAS CENTRAL(4203), STATE PLANE SYSTEM for this description; THENCE with the westerly boundary line of said 12.50 -acre Griffin tract, and said easterly right-of-way line of I.H. 35, N26047139"E for a distance of 160.78 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southwest corner and THE POINT OF BEGINNING hereof; THENCE continuing with said westerly boundary line of the 12.50 -acre Griffin tract, and said easterly right-of-way line of I.H. 35, N26047139^E for a distance of 25.00 feet to 1/2" iron rod set with cap marked "Diamond Surveying" on a point at the southwest corner of a.called 0.222 -acre tract of land (water & wastewater easement, Tract 3) conveyed to the City of Georgetown as described in Volume 2514, Page 123 of the Official Records of Williamson County, Texas and monumenting the northwest hereof, from which a 1/2" iron rod found monumenting an angle point in the westerly boundary line of said 12.50 -acre Griffin Tract, same being on a point in said easterly right-of-way line of I.H. 35, bears N26"47139E for a distance of 1474.89 feet; THENCE departing said easterly right-of-way line of I.H. 35, with the southerly boundary line of said 0.222 -acre City of Georgetown easement tract, being through the interior of said 12.50 -acre Griffin tract, 863'43140"E for a distance of 484.88 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" on a point in the easterly boundary line of said 12.50 -acre Griffin tract, same being the southeast corner of said 0.222 -acre City of Georgetown easement tract, same being on a point in the westerly right-of-way line of U.S. Business Highway No. 81 (right-of- way width varies), also called North Austin Avenue, and the northeast corner hereof, from which a concrete monument found monumenting an angle point in the easterly boundary line of said 12.50 -acre Griffin tract, 1 same being on a point in the said westerly right-of-way line of U.S. Business Highway No. 81, bears N1605713811E for a distance of 247.97 feet; THENCE with said westerly right-of-way line of U.S. Business Highway No. 81 and the easterly boundary line of said 12.50 -acre Griffin tract, 516`57' 38"W for a distance of 25.25 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting the southeast corner hereof, from which an iron pipe found monumenting the southeast corner of said 12.50 -acre Griffin tract, same being the northeast corner of aforementioned 4.58 -acre Kelley Foundation tract, same being on a point in the said westerly right-of-way line of U.S. Business Highway No. 81, bears S16057138"W for a distance of 5.89 feet; THENCE departing said westerly right-of-way line of U.S. Business Highway No. 81, through the interior of said 12.50 -acre Griffin tract the following five (5) courses and distances: 1. N63°52' 10"W for a distance of 27.42 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 2. N18044120"W for a distance of 14.12 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 3. N63°43'40"W for a distance of 422.51 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 4. S71°15' 40"W for a distance of 14.14 feet to a 1/2" iron rod set with cap marked "Diamond Surveying" monumenting an angle point hereof; 5. N63043153"w for a distance of 19.29 Peet to THE POINT OF BEGINNING hereof and containing 0.180 acre of land more or less. -h DIAMOND SURVEYING, INC- P.O. BOX1937, GEORGETOWN, TX 78627 M21931-3100 8-15--06 SHANE SHAFER, R.P.L.S. NO. 5281 DATE E SCALE: 1'= 100' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR A 0.180 -ACRE TRACT OF LAND BEING SITUATED IN THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF PARCEL 5, A CALLED 12.50 -ACRE TRACT OF LAND CONVEYED TO DELIA COCKE GRIFFIN AND FAYETTE FRANCIS GRIFFIN, HUSBAND AND WIFE AS DESCRIBED IN DOCUMENT NO. 2002072799 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. POINT OF b BEGINNING �' v V v h v CII BFOR .= REFERENCE DELLA COCKE GRIFFIN AND FAYETTE FRANCIS GRIFFIN, HUSBAND AND WIFE DOC. NO. 2002072799 PARCEL 5 (CALLED 12.50 ACRES) CITY bq OF TRgCT VO<e�,gT f J f�'ORO fT 400 �'3 2 \ qCR fs) \ \ 0.468 -ACRE h63o4340 f TRACT T. E. N634t•._/ W,D. KELLEY FOUNDATION PROPOSED T.C.E. TO BE DOC. NO. 2002001129 ACQUIRED BY SEPARATI EXHIBIT 'C' (CALLED 4.58 ACRES) INSTRUMENT SURVEYOR'S NOTES, 1) BEARING BASIS; NAD -83(1993), TEXAS CENTRAL (4203), STATE PLANE. 2) ALL DOCUMENTS LISTED HEREON ARE RECORDED IN THE OFFICE Of THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS. LINE TABLE LEGEND, O = IRON ROD SET • = IRON ROD FOUND O = IRON PIPE FOUND ■ = CONCRETE MONUMENT FOUL` .O.B.= POINT OF BEGINNING .O.R.= POINT OF REFERENCE .C.E.= TEMPORARY CONSTRUCTION 0.180 -ACRE TRACT yB \ NUM DISTANCE BEARING L1 25.25' SI 657'38"W L2 27.42' N63'52'10'W L3 14.12' N18'44'20"W L4 14.14' 571'15'40"W L5 19.29' N63'43'53"W L6 25.00' N26'47'39"E L7 5.89' S16'57'38"W L8 51.86' N81'13'53"W L9 1.88' N18'44'20"W L1084.83' S71*15'40"W L11 80.00' N63_43'53"W L12 80.00' N26'47'39"E L13 160.78' N26 -47-39"E I, Shane Shafer, Registered Professional Land Surveyor In the State of Texas, hereby certify that this plat represents a survey made on the ground under my direct supervision, completed on August 15, 2006. At the time of this survey there were no encroachments, conflicts, or protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was pe -formed without benefit of Title Report and does not show all existing easements. USE OF THIS SURVEY BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND UNDERSIGNED SORVEYOR AND DIAMOND SURVEYING, INC. IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. (-- SHANE SHAFER, R,P.L,S, NO, 5281 DATE F ^ 0, n' CV 3 -GRIFFIN ESMT. DIAMOND SURVEYING, INC. P.O. BOX 1937, GEORGETOWN, TX TM7 (512) 931J100 Council Meeting Date: October 9, 2007 Item No. AGENDA ITEM COVER SHEET SUBJECT: A Resolution of the City Council of the City of Georgetown approving the design of the College Street Bridge and recommending the Texas Department of Transportation proceed with the final design and construction as presented; and establishing an effective date. ITEM SUMMARY: The low water bridge in San Gabriel Park is on the TxDOT's "Category 6" Off System Bridge Replacement Program. TxDOT has worked with the City of Georgetown to come up with a suitable bridge design to replace the low water bridge in San Gabriel Park. The original bridge replacement was estimated at approximately $1.2 million with 10% participation from Georgetown. The match for this project has been met. City Staff has worked to facilitate the bridge design process between TxDOT and the Parks Board. The City asked TxDOT for the bridge to be constructed above the 100 -year floodplain for safety purposes. The Parks Board requested special architectural and design features that would match the surrounding structures and be beneficial to San Gabriel Park. The local TxDOT office requested and acquired additional funds from the Transportation Commission to construct a larger structure with the upgraded features. The cost of the new proposed bridge structure will be in excess of $5 million. The majority of the cost increase was the cost to raise the structure out of the 100 -year flood plain. The City will not be responsible for any additional funding. TxDOT has asked for a council resolution be passed in support of the project as proposed so they may proceed with final design and construction. SPECIAL CONSIDERATIONS: The Parks Board approved by 5-0 (Simpson abstain, Owens absent) vote at their regular Board meeting held on ,ept 13, 2007, for TxDOT to proceed with the Bridge Proposal as presented with a recommendation that the City Budget funds in a future budget to enhance the area with landscaping. The Georgetown Transportation Advisory Board approved by (5-1) vote at their special meeting on October 1, 2007 to proceed with the bridge as proposed. FINANCIAL IMPACT: No additional funding is requested at this time. The Parks Board has recommended consideration be given to funding for possible landscaping additions in future budgets. COMMENTS: None ATTACHMENTS: 1. Power Point presentation of TxDOT's proposal. 2. Proposed Ordinance. Submitted By: Mark Miller, Jim Briggs Transportation Services Assistant City Manger Manager for Utility Operations RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN APPROVING THE DESIGN OF THE COLLEGE STREET BRIDGE AND RECOMMENDING THE TEXAS DEPARTMENT OF TRANSPORTATION PROCEED WITH THE FINAL DESIGN AND CONSTRUCTION AS PRESENTED; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has ownership and maintenance responsibility for the historic low water bridge in San Gabriel Park, and WHEREAS, the Texas Department of Transportation ("TxDOT") has identified the low water bridge as an "Off System Bridge" eligible for Federal funds set aside for needed bridge replacements with the City meeting a 10% cost participation requirement; and WHEREAS, the historic bridge in San Gabriel Park is suffering damage from overuse and heavy traffic and is in need of replacement; and WHEREAS, the City has met the cost participation requirement and requested that TxDOT build the structure above the 100 year flood -plain with special architectural features found in San Gabriel Park and the City of Georgetown; and WHEREAS, TxDOT has worked diligently to accommodate the requests and needs of the City of Georgetown's Parks Board; and WHEREAS, the Texas Transportation Commission has agreed to the City's requests. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied Resolution No. College Street Bridge Replacement Page 1 of 2 verbatim. The City Council hereby finds that this resolution implements the Transportation Policy End 10.00 of the Century Plan - Policy Plan Element, which states: "Citizens and commercial goods move safely and efficiently throughout all parts of the City," and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to accept TxDOT's design of the College Street bridge and recommends that TxDOT proceed with the final design and construction as presented. SECTION 3. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. SECTION 4. This resolution shall be effective immediately upon adoption. RESOLVED this day of October 9, 2007. ATTEST: THE CITY OF GEORGETOWN: By: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, Carls, McDonald & Dalrymple LLP City Attorney Resolution No. College Street Bridge Replacement Page 2 of 2 Gary Nelon, Mayor College Street Bridge In San Gabriel Park TxDOT's Off -System Bridge Replacement Program ➢Will allow for payment of the bridge structure plus 25% of structure cost for approaches o Preliminary estimate is $4.0 million for the structure Preliminary estimate is $1.0 million for approaches 1 TxDOT's Off -System Bridge Replacement Program • Will allow for some aesthetic considerations: ➢ Generally no more than 5% of project costs with Bridge Division approval. Due to this structure's location in San Gabriel Park this office has asked Bridge Division to allow additional costs estimated at $200K. The Off -System Bridge Replacement Program Will Fund ➢ T-411 rail (Church Rail) 2 The Off -System Bridge Replacement Program Will Fund >The scenic overlooks at midspan The Off -System Bridge Replacement Program Will Fund >Illumination costs up to 150% of the cost of a standard luminaire (Decorative lamp post) 191 The Off -System Bridge Replacement Program Will Fund Decorative Formliner approved by the City The Off -System Bridge Replacement Program Will Fund • Aesthetics to date include: r T-411 rail (Church Rail) i The scenic overlooks at midspan ➢ Illumination costs up to 150% of the cost of a standard luminaire (Decorative lamp post) y Decorative Formliner approved by the City A wet pond if required for water quality S The City Will be Responsible For • Any desired landscaping costs • The raising of College Street if requested • Pedestrian facilities located outside of the bridge structure ❖ Sidewalk :• Pedestrian switchbacks Any pedestrian railing Project Schematic K 3 3 R 5 Questions m I Council Meeting Date: October 9, 2007 Item No. B 8 I F t":3ZI4:f6Vol4WKGIMof 0149 SUBJECT: Second READING OF AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, ADDING NEW SECTION 10.12.081 OF THE CODE OF ORDINANCES RELATING TO RATE OF SPEED ON F.M. 971 IN THE CITY LIMITS OF GEORGETOWN; DEFINING SPEEDING AND FIXING A PENALTY THEREFORE; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING LAWS; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. ITEM SUMMARY The Texas Department of Transportation (TxDOT) has determined upon the basis of an Engineering and Traffic investigation that the prima facie maximum Speed Limit on a portion of FM 971 lying within the City of Georgetown should be modified. The attached proposed Ordinance modifies the speed limits pursuant to TxDOT's engineering and traffic study. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. ATTACHMENTS: 1. Map indicating miles per hour zones 2. Proposed Ordinance tted By: Mark Miller, Jim Briggs, Transportation Services Assistant City Manager Manager For Utilities ORDINANCE NO. AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, ADDING NEW SECTION 10.12.081 OF THE CODE OF ORDINANCES RELATING TO RATE OF SPEED ON F.M. 971 IN THE CITY LIMITS OF THE CITY OF GEORGETOWN; DEFINING SPEEDING AND FIXING A PENALTY THEREFOR; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING LAWS; PROVIDING FOR PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, deems it necessary and proper to add Section 10.12.081 of the Code of Ordinances of the City of Georgetown, Texas, to establish a new speed zones and speed limits on FM 971; and WHEREAS, the Council finds that it is necessary and proper and in the best interest of the citizens of Georgetown to adopt the changes hereinafter set forth. 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 ordirtance implements the following elements of the Century Plan Policy Plan and that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy Plan: Transportation Policy 10.00 of the Century Plan - Policy Plan Element, which states: "Citizens and commercial goods move safely and efficiently throughout all parts of the City. " Ordinance No. Speed Limits on FM 971 Page 1 of 4 SECTION 2. New Section 10.12.081 of the City of Georgetown Code of Ordinances is hereby adopted and shall provide as follows: SECTION 10.12.081 F.M. 971 It is hereby determined upon the basis of an Engineering and Traffic investigation that the prima facie maximum speed limit on those portions of FM 971 routed in the City of Georgetown, is hereby stated, which prima facie maximum speed limit shall be effective at all times and signs will be erected giving notice of the prima facie maximum speed limit so declared to wit. A. FOR EASTBOUND TRAFFIC Beginning at the centerline of Austin Ave at milepoint 0.000 to the centerline of Inner Loop at milepoint 1.420, a distance of 1.420 miles, a prima facie maximum speed limit of 45 miles per hour. From the centerline of Inner Loop at milepoint 1.420 to the Georgetown East City Limit at milepoint 2.219, a distance of 0.799 miles, a prima facie maximum speed limit of 55 miles per hour. B. FOR WESTBOUND TRAFFIC Beginning at the Georgetown East City Limit at milepoint 2.219 to the centerline of Inner Loop at milepoint 1.420, a distance of 0.799 miles, a prima facie maximum speed limit of 55 miles per hour. From the centerline of Inner Loop at milepoint 1.420, to the centerline of Austin Ave at milepoint 0.000, a distance of 1.420 miles, a prima facie maximum speed limit of 45 miles per hour. C. That all of the streets of this city, and all portions of any such streets, are hereby declared to be public streets and that the driving or operating of any motor vehicle on or along any portion of any street of this city at a rate of speed that is greater than the maximum rate of speed for said portion of said street, as fixed by this ordinance shall be guilty of a misdemeanor, which is named "The Offense of Speeding" and that the said offense is punishable by a fine in any sum not to exceed Two Hundred dollars ($200.00). That the use of the word "Speeding' shall be sufficient to designate Ordinance No. Speed Limits on FM 971 Page 2 of 4 the said offense, and shall mean that a motor vehicle has been driven upon a public street at a greater rate of speed than fixed by city ordinance for the street and for the zone thereof, that such motor vehicle was so being driven upon, if zoned. D. That in prosecutions under this ordinance, for the offense of speeding, the complaint, if in other respects sufficient in form, shall as to the portion thereof seeking to acknowledge the offense, be sufficient if it in substance alleges that the defendant did while driving a motor vehicle in said city commit the offense of "Speeding". SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Ordinance No. Speed Limits on PM 971 Page 3 of 4 PASSED AND APPROVED on First Reading on the _ day of September, 2007. PASSED AND APPROVED on Second Reading on the _ day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: Sandra Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney Ordinance No. Speed Limits on FM 971 Page 4 of 4 Gary Nelon, Mayor MAP 1 OF 2 56 TOWARD + „ 66 SPcm a66e AUSTIN AVENUE 125FT n�1C.L. BEARINGS FM 97oao1.9a9arpnTao.x DIST. AUSTIN COUNTY WILLIAMSON "'" HIGHWAY FM 971 CITY GEORGETOWN, INC. REPL TOWARD 800' tANc LIMITS � GEORGETOWN ECL SECTION ONE LENGTH 1.1420 MILES SECTION TWO o I I24.P o e . -.,...� ....��.... ....�. BEGINS 58 72 _ 125 - o d 2-5'X5 BC a e o o z 2CP DIST. AUSTIN COUNTY WILLIAMSON "'" HIGHWAY FM 971 CITY GEORGETOWN, INC. REPL DATE a sNI9ET 08/10/07 scALE 1 " = 800' tANc LIMITS OF ZONE SECTION ONE LENGTH 1.1420 MILES SECTION TWO BEGINS STA. OR W P. CONT. 6 SECT. PBOAECT BEGINS STA. W WP. 0.000 1 2690-01 1 1.420 STA. W WP. C. 6 MCT. PN AU STA. W M. P. ENDS I.A20 2690-01 ENDS 2.219 fm971 1 GEORGETOWN.dgn Notice of M eeting of the Governing B ody of the City of Georgetown, Texas OCTOB ER 9, 2 00 7 The Georgetown City Council will meet on OCTOBER 9, 2007 at 6:00 P.M. at the Council Chamber at 101 E. 7th Street The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Re gular Se ssion (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 Cal l to Order B P l edge of Al l egi ance C Comments from the dai s D P ubl i c Wi shi ng to Address Counci l - Sandra Taylor fro m P edernales Electric Cooperative (P EC) re garding update of P EC activities in Georgetown area. - Dennis Perz regarding the 2007 State Native Plant Society Symposium - David Osmar regarding beer and wine petition for local businesses E Announcements and Comments from Ci ty Manager F Acti on from Executi ve Sessi on Statutory Conse nt Age nda 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. G Consideration and po ssible action to authorize a co ntract with Ampersand Agency to conduct the 2008 City of Georgetown Qual i ty of Li fe Ci ti zen Survey, in an amount no t to exceed $20,000 -- Micki Rundell, Director of Finance and Administration H Consideration of authorization for P aul Brandenburg, Georgetown City Manager, to sign a contract permitting the Georgetown P ublic Library to receive di rect fi nanci al ai d in the amount of $13,271 from the Texas State Library and Archives Commission -- Eric Lashley, Library Services Director and Randy Morrow, Director of Community Services I Consideration and possible action concerning a Resolution Finding P ublic Conve nience and Necessity and Eminent Domain P roceedings, if necessary, related to the ac quisitio n of a 0.180-acre water line easement and a 0.468-acre tempo rary construction easement fro m Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in c onnectio n with the 16 " Sun City Irrigatio n Water Line P roject -- Terri Glasby Calhoun, Paralegal and Patricia E. Carls, City Attorney J Consideration and possible action concerning a Resolution Finding P ublic Conve nience and Necessity and Eminent Do main P ro c e e dings, if necessary, related to the acquisitio n o f a 0.1 80 -acre water line easement and a 0.468-acre te mpo rary construction easement from Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in c onnectio n with the 16 " Sun City Irrigatio n Water Line P roject -- Terri Glasby Calhoun, Paralegal and Patricia E. Carls, City Attorney Le gislative Re gular Age nda K Consideration and possible action regarding suggested Unified Development Code (U D C) amendments for possible inclusion in the 20 06 -20 07 UD C amendment process -- Bobby Ray, AIC P, Director of Planning and Development L Second Readi ng of an Ordi nance for a Comprehensi ve P l an Amendment from Intensity Level 1 to Intensity Level 3 for 10.55 acres out o f the Isaac Donagan Survey to be known as 2 9 Oaks, located on Hwy 29 W --Edward G. P olasek, AIC P, P rincipal P lanner and Bobby Ray, AICP, Director of P lanning and Development M Consideration and possible action to amend the devel opment agreement between the City and 500 South Austin Ave, LP to revise the project schedule -- Tom Yantis, Assistant City Manager N Consideration and possible actio n of an award o f a bid for P ol i ce vehi cl es to P hilpott Ford in the amount of $397,602.00 -- Terry J o ne s, Support Services Manager and Micki Rundell, Director of Finance & Administration O Second Reading of an Ordinance Renaming a portio n of CR 1 02 to Lawhon Lane ; renaming a second portion of CR 102 to White Eagle Pass. P Second Readi ng of an Ordinance to Rezone fro m AG, Agriculture district to C-1, Local Commercial district (21 .41 acres), M F, M ultifamily district (42.0 acres) and R S, Residential Single Family dstrict (20.0 acres) for two tracts totaling approximately 84 .0 acres in the William Addison Survey, also known as the G addy Parcel , lo cated at the so uthwest corner of C R 110 and SE Inner Loo p (R EZ-2007-019) -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development Q Second Readi ng of an Ordinance for 1) a Comprehensi ve P l an Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi- Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportatio n P lan to re- align a collector-level road and 2) a Rezoni ng fro m AG, Agriculture to M F, Multi-Family, C-3, Commercial and R S, Residential on 159.177 acres in the J ohn Berry Survey (Abstract 051), located at F M 971 and SH 130 -- Jordan Maddox, Planner II R Second Readi ng of an Ordi nance to Rezone from R S, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland P ark Revised, located at 504 F M 1460 (RE Z-2007-018) -- Valerie Kreger, P lanner III and Bobby Ray, AICP, Director of Planning and Development S Consideration and possible action authorizing library staff to purchase boo ks fro m Ingram, Inc. in an amount no t to exceed $120,000 fo r fisc al ye ar 2 00 7-0 8 -- Eric Lashley, Library Services Director and Randy Morrow, Director of Community Services T An ordinance amending commercial utility deposit policy to more closely align the process with industry standards and encourage economic development. Second Reading. U An o rdinance amending the monthly fee charged for lo c king devices fo r commercial garbage containers. Second Reading V An ordinance amending utility collection and disconnection policies in o rder to inco rporate new collection o pportunities, more closely reflect co st of service, discourage utility non-payment, and align charges with industry standards. It also includes a provisio n for a penalty waiver for the disabled that was not included in the first reading. Second Reading. W Second Readi ng of an Ordinance Of The City Council Of The City Of Georgetown, Te xas Amending Section 2.3 6.0 10 (D) of the Code Of Ordinances Relating To Attendance Requi rements for Board, Committee and Commission Members -- Paul E. Brandenburg, City Manager X Consideration and possible action to approve award of the bi d for vehi cl es to Philpott Ford and Hewlett Chevrolet in the amount of $258,401 -- Terry J ones, Support Services Manager and Micki Rundell, Director of Finance & Administration Y Consideration of an award o f a bid for P ol i ce motorcycl es and motorcycle maintenance to Georgetown Honda in the amount of $87,772.00 -- David Mo rgan, P olice Chief and M arsha Iwers, Purchasing Manager Z Second Readi ng of an Ordinance for a Comprehensi ve P l an Amendment to change the Future Land Use fro m Agricultural, Residential, Mixe d Use, and Co mmercial to Residential, Mixed Use, and Commercial and the Inte nsity Level fro m 1 , 3, 4, and 5 to Intensity Level 3 for 1,543.9 acres in the Frederick Foy and the Le wis P. Dyches surveys to be known as Somerset Hi l l s, located on Williams Drive and C R 245 -- Edward G. P olasek, AIC P, P rincipal P lanner and Bobby Ray, AIC P, Director of Planning and Development AA Consideration of a resolution placing a name in nomi nati on for the election of D irectors for the Williamson County Appraisal District (WCAD) -- Paul E. Brandenburg, Ctiy Manager BB Consideration and possible action on Wi l l i ams Dri ve P rogress Report, Surface Transportation P rogram – M etropolitan Mo bility (STP -M M) funds and P ass-Through Financing as pote ntial funding sources -- Edward G. P o lasek, AIC P, P rincipal P lanner and Bobby Ray, AIC P, Director o f P lanning and Development CC Consideration and possible action to appoint a temporary judge for M uni ci pal Court -- Cathy Leloux, Court Administrator and Micki Rundell, Director of Finance and Administration DD Second Readi ng of an Ordinance amending the 2007/08 Annual Operati ng P l an El ement (budget) for adjustments related to the timing o f pro jects -- Le tic ia Zavala, Controller and M icki Rundell, Director of Finance and Administration Exe cutive Se ssion 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. EE Sec 551.071: Consul tati on wi th Attorney - Advice from attorney about pending or contemplated litigation and other matte rs on which the attorney has a duty to advise the City Council, inlcuding agenda items. FF Sec 551.072: Del i berati ons about Real P roperty - Consideration and possible action co ncerning a Resolution Finding P ublic Convenience and Necessity and Eminent Do main P ro c e e dings, if necessary, related to the acquisitio n o f a 0.1 80 -acre water line easement and a 0.468-acre te mpo rary construction easement from Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in c onnectio n with the 16 " Sun City Irrigatio n Water Line P roject -- Terri Glasby Calhoun, Paralegal and Patricia E. Carls, City Attorney - Discussion and possible action co nc e rning the acquisition of a 0.04 acre Clear Zone Easement and denial of access o n property owned by Threadgill Oil Co., Inc., lo cated at 705 Austin Avenue, in connection with the Te xas Department o f Transpo rtation/Austin Avenue Maintenance P roject -- J im Briggs, Assistant City Manager for Utility Operations and Terri Glasby Calhoun, Paralegal Adjournme nt Ce rtificate 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 _________________, 2015, 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 City Council Agenda undefined undefined, undefined Item # A City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # B City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # C City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # D City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # E City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # F City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # G City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # H Item # H Item # H Item # H Item # H Item # H Item # H Item # H Item # H City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # I City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # J Resolution No._____________________ Griffin PCN-ED Resolution (16” Sun City Irrigation Water Line Project) Page 1 of 3 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the “City”) hereby finds that public convenience and necessity requires acquisition of easements upon, over, under and/or across property described in the attached Exhibit “A”, which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the “Property,” for construction, reconstruction, improvement, operation and maintenance and extension of public utility lines (the “Project”); and WHEREAS, in order to promote public health, safety, and welfare, the City of Georgetown (the “City”) hereby finds that public convenience and necessity requires acquisition of utility easements on the sites described in the attached Exhibit “A”, which exhibit is incorporated herein by reference as if fully set out and subsequently referred to collectively as the “Utility Easement(s)” in connection with the “Project”; and, WHEREAS, in order to effectuate the Project, it will be necessary and convenient that agents, representatives, or employees of the City, lay out the utility lines and acquire the Utility Easements upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of utility lines, and appurtenances thereto; and, WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title companies, architects, or other persons or companies to effect the laying out, establishment, and acquisition of the Utility Easements, and the construction of utility lines, and appurtenances; WHEREAS, in order to acquire the Utility Easements, it will be or has been necessary for the City’s agents, representatives, or employees to enter upon the Property for the purpose of surveying and establishing said land titles and to determine adequate compensation for said land, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and, WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for each of the parcels to be acquired for the Project; Item # J Resolution No._____________________ Griffin PCN-ED Resolution (16” Sun City Irrigation Water Line Project) Page 2 of 3 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 1. That in order to promote the public health, safety, and welfare, public convenience and necessity require the construction, reconstruction, improvement, operation and maintenance and extension of water, wastewater, electric, or other public utility lines on the real property described in the attached Exhibit “A”. 2. That public convenience and necessity require the acquisition of easements upon, over, under and across the Property and other properties for the purposes of construction, reconstruction, improvement, operation, and maintenance and extension of water, wastewater, electric, or other public utility lines, and appurtenances thereto. 3. That the City’s agents, representatives, or employees are hereby authorized to: a. Lay out the exact location of the land area needed from the Property or other properties; b. Hire such engineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to effect the laying out of the facilities, the establishment and acquisition of the required easements, and the construction of the utility lines, and appurtenances thereto; c. Enter upon any property necessary for the purpose of surveying and establishing the title, to determine adequate compensation for the easements, and to conduct tests; d. Negotiate with the owners of any such properties for the purchase thereof; e. To purchase easement title to the Utility Easement, and execute all documents necessary to acquire such easements, all subject to express approval of the specific, negotiated terms by the City Council; f. Initiate eminent domain proceedings against the owner(s) of the Property for easement title for the Utility Easement in the event the owner(s) fail to accept a bona fide offer to purchase the Utility Easement(s); and g. Take whatever further actions deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. 5. That all previous acts and proceedings done or initiated by the City’s agents, representatives, or employees for the establishment of the Project, including the negotiation for and/or acquisition of any necessary property rights in the Property and Utility Easement are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. Item # J Resolution No._____________________ Griffin PCN-ED Resolution (16” Sun City Irrigation Water Line Project) Page 3 of 3 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 7. This resolution shall be effective immediately upon adoption. RESOLVED by the City Council of the City of Georgetown this ____ day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: _____________________________ By:_________________________________ Sandra D. Lee, City Secretary Gary Nelon, Mayor APPROVED AS TO FORM: _____________________________ Patricia E. Carls, Brown & Carls, LLP City Attorney Item # J Item # J Item # J City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # K UDC Amendments List 2007-2008 Page 1 of 2 1 City Council Meeting: October 9, 2007 Item No. AGENDA ITEM COVER SHEET Subject: Consideration and possible action regarding suggested Unified Development Code (UDC) amendments for possible inclusion in the 2006-2007 UDC amendment process. Background: At their regular meeting of August 24, 2004 the City Council unanimously (7-0) approved an annual review and amendment process for the Unified Development Code (UDC). This process was amended by resolution in 2007 to include the consideration of task force formation to study specified amendments. The adopted process involves the following steps: Identification of Proposed Amendments During October of each year staff presents a list of proposed UDC amendments to the Planning and Zoning Commission and City Council for the amendment cycle. Suggested amendments are requested from the Commission and Council as part of this process and a final list is recommended / approved by the Commission and Council. Determination of Task Force Within 2 weeks following Council’s approval of the amendment list, staff will sponsor a public workshop to determine if any of the amendments necessitate the formation of a task force. This information will be presented to Council at the next available meeting and direction provided. Review Process Staff will research, review and draft the proposed amendments. During this review period at least two public workshops will be held. Task forces will be convened during this period if previously warranted. Public Hearing and Adoption Following completion of the review process the public hearing process before the Planning and Zoning Commission and City Council will commence. This process will start no later than March of the calendar year. Summary: The list of proposed UDC amendments is attached. The number of amendments is significantly reduced from prior years, and is largely minor corrections / clarifications. At their regular meeting of May 27, 2007 the Council directed staff to create a task force to look at the operational standards for Bed and Breakfast establishments in residentially zoned districts. This amendment is included in the current round of amendments. Item # K UDC Amendments List 2007-2008 Page 2 of 2 2 Planning and Zoning Commission Motion: At their regular meeting of October 2, 2007 the Planning and Zoning Commission reviewed the attached list of proposed UDC amendments and recommended that the list be forwarded to City Council for review. Recommended Motion: Approve the proposed list of UDC Amendments and direct staff to begin the amendment process. Attachments: Exhibit 1 Summary Sheet of Proposed UDC Amendments Submitted By: Bobby Ray, AICP Director of Planning and Development Item # K Exhibit 1 2007-2008 UDC Amendments Summary # UDC Chapters / Section(s) Amendment Summary 1 3.08.050.I. Consider expansion of “waiver” process for plats other than preliminary. 2 Table 5.01.020 Review allowance for “Columbaria” in certain non-residential districts. 3 5.02.140.B. Form Task Force to Review Bed and Breakfast Regulations for Residential Districts 4 6.02.040.B. Amend the section to eliminate confusion about what constitutes a front yard versus a side yard on corner lots, and include the required setback for garages / carports. 5 Table 6.03.020 Increase height in CN district from 25-feet to 35-feet for consistency with residential building heights; Delete numerical standards for “Perimeter Buffer, min. feet” and replace with "See Chapter 8 "Landscaping and Buffering". 6 6.03.040.B.6.a.viii Amend as follows: “On-site parking serving contiguous commercial uses may be located within required side and rear yards. 7 6.02.040.D. & 6.03.040.D Delete “Perimeter Buffer” references. These buffers are addressed in Chapter 8 (“Landscaping and Buffering”). 8 8.04.020.B.4. Add, "Heritage tree canopy - surveyed square footage" to allowed Tree Canopy Credits. 9 8.09.020.A Amend as follows: “All mechanical equipment e.g. air handling equipment, compressors, duct work, transformers and elevator equipment) shall be screened from view at ground level from all public rights-of-way. 10 11.03.040 Amend as follows: “At or before Site Plan, or Stormwater Permit, review and prior to the removal of any trees, the applicant shall submit a tree protection plan, which shall graphically identify protected trees and significant stands of trees and identify those being preserved and those being removed. 11 11.05.010.G. Add as “G”: “The preservation of existing protected trees” as part of the Stormwater Management System Requirements. 12 13.01.050 “Monumentation and Control Point Markers” of Section 13.03 was unintentionally excluded from applicability for “Subdivision Development Exemption” 13 13.08.010.E. Amend language regarding who may submit a maintenance bond. 14 Chapter 16 Amend the definitions to eliminate confusion about what constitutes a front yard versus a side yard on corner lots. Item # K City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # L Century Plan Amendment – 29 Oaks Ordinance No. _________ Page 1 of 4 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending Exhibit 1: Intensity Map of the Century Plan – Development Plan, passed and adopted on the 13th Day or March 1990, to change 10.55 acres out of the Isaac Donagan Survey from Intensity Level 1 to Intensity Level 3, repealing conflicting ordinances and resolutions, including a severability clause; and establishing an effective date. Whereas, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and Whereas, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and Whereas, the City Council did, on March 13, 1990, adopt by Ordinance Number 900149 the Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities functional plan elements pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- Development Plan contains the Intensity Map designed to assign development intensities throughout the Georgetown Planning Area; and Whereas, an application from Lone Star Reality, has been made to change the intensity assignment from Intensity Level 1 to 10.55 acres of Intensity Levels 3, located adjacent to the eastern border of the Shadow Canyon Subdivision, known as 29 Oaks Development; and Whereas, the Planning and Zoning Commission did, on September 4, 2007, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City, which stated the time and place of hearing which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Item # L Century Plan Amendment – 29 Oaks Ordinance No. _________ Page 2 of 4 Whereas, the applicant for such Plan amendment placed on the Property, such Sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the Planning and Zoning Commission did, on September 4, 2007, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan. 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 Policy Ends of the Century Plan - Policy Plan Element and Goals of the Future Land Use Plan: 1. Policy Statement: Georgetown’s natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 2. Future Land Use and Thoroughfare Plan: Goal 1 :: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.2: Plan for future development that is compatible with the City’s natural features, environmentally sensitive areas, and existing land uses. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the Property from Intensity Level 1 to Intensity Level 3, for 10.55 acres out of the Isaac Donagan Survey, located adjacent to the eastern border of the Shadow Canyon Subdivision, known as 29 Oaks Development as illustrated in Exhibit A of this ordinance. Item # L Century Plan Amendment – 29 Oaks Ordinance No. _________ Page 3 of 4 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 in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the ____ day of ______________, 2007. ATTEST: THE CITY OF GEORGETOWN: _________________________________ _________________________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: _________________________________ Patricia E. Carls City Attorney Item # L RES RES RES MINING PARKS RES RES RES RES RES COM RES RES RES RES MIXED RES RES RES RES RES RES 2 1 1 3 4 1 2 3 3 2 3 3 4 2 2 5 2 2 52 3 1 2 1 Wood Ranch Legend Oaks S W 3 S H 2 9 B Y P A S S W STA TE HIG HWAY 2 9 D B W O O D R D D .B.WO O D RD D B W O O D R D Adopted Land Use & Intensity August 29, 2007 Map maintained by the City of Georgetown - Planning & Development Services Division Projection: Texas State Plane/Central Zone/NAD 83/Feet 0 2,000 4,0001,000 Feet Legend Future Land Use Plan LANDUSE MINING IND COM MIXED OFF/SER PARKS PUB RES 29 Oaks CPA Area Map Exhibit A Item # L City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # M City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # N POLICE VEHICLE BID BID TABULATION SHEET BID NO. 27055 PHILPOTT PHILPOTT DESCRIPTION QTY UNIT PRICE EXT. PRICE LOT I - PATROL VEHICLES 2008 or Later Model Police Interceptor Automobiles 10 21,957.00$ 219,570.00$ Make and Model: Ford P71 720A EQUIPMENT/INSTALLATION - CID Vehicles Part 2- Emergency Equipment Package 10 10,257.00$ 102,570.00$ LOT I - TOTAL 322,140.00$ LOT II - CID VEHICLES 2008 or Later Model Police Interceptor Automobiles 3 21,738.00$ 65,214.00$ Make and Model: Ford P71 750A EQUIPMENT/INSTALLATION - Patrol Vehicles Emergency Equipment Package - Part A 3 3,416.00$ 10,248.00$ LOT II - TOTAL 75,462.00$ TOTAL 397,602.00$ * * Low Bid No Bid: Mac Haik Hewlett Chevrolet Item # N City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # O Ordinance No. _______________ Page 1 of 2 Changes to Street Names ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, renaming a portion of CR 102 to Lawhon Lane; renaming a second portion of CR 102 to White Eagle Pass; 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 102 Right of Way, the continued use of the name “CR 102” on the newly annexed portion is inconsistent with the City’s street naming policy; Whereas, due to the construction of SH 130, the former ROW of CR 102 was split into two separate sections of roadway, thereby requiring a separate name for each segment; 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 Transportation Element of the Century Plan - Policy Plan Element, which states: "Georgetown’s transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the needs of individuals"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The City Council of the City of Georgetown hereby: a. Rename the portion of CR 102 from Eagle Trace Dr to Indian Creek Dr. Beginning at the 100 Block and continuing through the 300 Block. As illustrated in exhibit A. The new name will be “White Eagle Pass” b. Rename the portion of CR 102 from the intersection of SH 130 to CR 104. Beginning at the 1200 Block and continuing through the 1700 Block. As illustrated in exhibit A. The new name will be “Lawhon Ln” Item # O Ordinance No. _______________ Page 2 of 2 Changes to Street Names Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the ______ day of September, 2007 PASSED AND APPROVED on Second Reading on the _______ day of ________, 2007. ATTEST: THE CITY OF GEORGETOWN: ____________________________ By:_____________________________ Sandra D. Lee, City Secretary Gary Nelon, Mayor APPROVED AS TO FORM: _______________________________ Patricia E. Carls City Attorney Item # O SH 1 30 S B SH 13 0 N B S H 1 3 0 S B F R C R 1 0 4 S H 1 3 0 N B F R E S H 29 R OCK DO V E LN INDIAN CREEK DR INDIAN MEADOW DR R A I N D A N C E D R S H 1 3 0 N B E N T R - C R 1 0 4 SH 1 3 0 S B E NT R - C R 1 0 4 SH 1 30 N B EXI T - S H 2 9 CO V E Y LN T H U N D E R B I R D L N O W E N C I R CR 1 0 4 1 inch equals 1,000 feet ± Section of CR 102 to be renamed "White Eagle Pass" Section of CR 102 to be renamed "Lawhon Ln" Exhibit A Two segments of CR 102 to be renamed Item # O City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # P Gaddy Parcel AG to C-1, MF & RS Zoning Page 1 of 3 City Council Meeting: October 9, 2007 Item No._ _ AGENDA ITEM COVER SHEET SUBJECT: Second Reading of an Ordinance to Rezone from AG, Agriculture district to C-1, Local Commercial District (21.41 acres), MF, Multifamily District (42.0 acres) and RS, Residential Single-Family District (20.0 acres) for two tracts totaling approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop. (REZ-2007-019) ITEM SUMMARY: Owner: Betz Company Location: southwest corner of CR 110 and SE Inner Loop Utilities: City of Georgetown water, wastewater and electric Century Plan: Intensity Level 2, 3 & 5 Zoning: AG, Agricultural Land Use: Office/Retail/Commercial, Mixed Use, Residential Status/History: The site is composed of two tracts totaling approximately 84.0 acres and is located at the southwest corner of CR 110 and SE Inner Loop (see Exhibit A). The existing zoning of the property is AG, Agriculture and currently, the property is undeveloped and under agricultural use. The property is designated as Office/Retail/Commercial, Mixed Use, and Residential on the Future Land Use map and is assigned an Intensity Levels of 2, 3 and 5 on the Century Plan. The applicant is requesting a rezoning from “AG, Agriculture” district to 21.41 acres of “C-1, Local Commercial” district, 42.0 acres of “MF, Multifamily” district and 20.0 acres of “RS, Residential Single- Family” district. Per the submitted letter of request (see Exhibit D), the applicant is seeking the rezoning in order to develop commercial uses along the Inner Loop transitioning to apartments and then less dense residential development at the southeast corner of the property along CR 110. Analysis: Southwestern Boulevard will extend along the west side of the property, tying into the proposed Southwest Bypass south of this site. A future rail station and TOD (Transit Oriented Development) is proposed to the west at Maple Street and the proposed Southwest Bypass. It remains undetermined whether the existing CR 110 connection with the SE Inner Loop will remain. However, due to drainage issues located at the northeastern portion of the property, the main/commercial “node” will most likely function at the northwestern portion of the tract. Additionally, driveway cuts will be limited along the SE Inner Loop and the primary access to this tract will need to be located off of the Southwestern Boulevard extension. This property is located at what is considered a “retail node” by the Future Land Use Plan. These locations are considered “core retail areas” and are intended to “support limited or light retail activity that would primarily serve nearby residential areas”. The surrounding mixed use ring in these instances is intended to “accommodate abutting residential areas to provide a transition to non-residential uses”. Item # P Gaddy Parcel AG to C-1, MF & RS Zoning Page 2 of 3 The C-1, Local Commercial district is intended “to provide areas for commercial and retail activities that primarily serve residential areas ... and should have pedestrian access to adjacent residential areas” and, as such, addresses the expectations of the “retail node”. Further, pursuant to the process set forth in Section 3.09 ("Site Plan Review") of the Unified Development Code, the site plan submitted for the development shall include criteria that allows for, and encourages, a seamless transition from the commercial to residential use. This transition can be accomplished through site design, architectural design or a mix of land uses. Said criteria shall be subject to the review and approval of the Director of Planning and Development Services. Surrounding Intensity and Land Uses: Location Intensity Zoning Future Land Use Plan Existing Land Use North – across SE Inner Loop 3, 5 ETJ Office/Retail/Comm., Mixed Use, Res. Undeveloped/ Rural Residence South 2, 3 AG, Agriculture Residential Ride on Center for Kids, Inc. (ROCK) East - across CR 110 3, 5 AG, Agriculture Office/Retail/Comm., Mixed Use, Res. Elementary School (under construction/ Rural Residences West 2 AG, Agriculture Residential Undeveloped/ Rural Residence Basis of Support: Staff recommends approval of the zoning change. The reasons for this are outlined below. Section 3.06.030 Approval Criteria (Rezoning) A. The application materials submitted provide complete, sufficient and correct information necessary to render adequate review and final action; B. The proposed “C-1, Local Commercial”, “MF, Multifamily” and “RS, Residential Single-Family” zoning districts implement the following Goals/Policies of the Future Land Use Plan: Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. • Objective 1.2: Plan for future development that is compatible with the City’s natural features, environmentally sensitive areas, and existing land uses. • Objective 1.3: Ensure that new development will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. • Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan. Goal 6: Provide for a variety of housing types throughout the City. • Objective 6.3: Promote the availability of a variety of housing types within the City that will meet the needs of all segments of the Georgetown population including age, family status, income and household size. • Objective 6.4: Encourage high density and multi-family to locate in proximity to supporting Item # P Gaddy Parcel AG to C-1, MF & RS Zoning Page 3 of 3 facilities, including roadway networks, employment, shopping, schools, parks and recreation facilities. C. The proposed zoning districts promote the health, safety, and general welfare of the City and the safe, orderly and healthful development of the City through their consistency with, and implementation of, the Future Land Use Plan. D. The uses allowed in the proposed zoning districts are compatible with the land uses of surrounding properties. E. The site is suitable for the range of uses permitted in the “C-1, Local Commercial”, “MF, Multifamily” and “RS, Residential Single-Family” zoning districts. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None COMMENTS: At the Planning and Zoning Commission meeting on September 4th, Jim Everett, who resides at 1989 County Road 110, spoke in opposition to the request. Following the meeting, email correspondence was received from Mr. Everett regarding the visibility of the sign notification at the rezoning site. He felt adequate notification had not been made and the case needed to be sent back to the Planning and Zoning Commission for an additional public hearing. PLANNING & ZONING COMMISSION MOTION: The Planning and Zoning Commission conducted a public hearing on September 4th and voted unanimously (7-0) to recommend approval of the request. CITY COUNCIL ACTION: The City Council conducted a public hearing and first reading of the ordinance on September 25, 2007, and voted unanimously (7-0) to approve the first ordinance reading. RECOMMENDED MOTION: Conduct the Second Reading of the Ordinance to Rezone approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop, from AG, Agriculture district to C-1, Local Commercial district (21.41 acres), MF, Multifamily district (42.0 acres) and RS, Residential Single-Family district (20.0 acres). ATTACHMENTS: Odinance; Exhibit A - Zoning Location Map; Exhibit B - Future Land Use Location Map; Exhibit C - Legal Description/Field Notes; Exhibit D - Applicant’s Letter of Request, Exhibit E – Applicant’s Zoning Allocation Map Submitted By: Bobby Ray, AICP Valerie Kreger Director, Planning and Development Planner III Item # P Gaddy Parcel AG to C-1, MF, and RS Page 1 of 3 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to Change approximately 84.0 acres in the William Addison Survey, Abstract 21, being further described as 3.83 acres, more or less, as recorded by deed in Volume 453, Page 187, of the Official Records of Williamson County, Texas, and 80.32 acres, more or less, as recorded by deed in Volume 2495, Page 401, of the Official Records of Williamson County, Texas, from AG, Agriculture District to 21.41 acres of C-1, Local Commercial District, 42.0 acres of MF, Multifamily District and 20.0 acres of RS, Residential Single-Family District; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): Approximately 84.0 acres in the William Addison Survey, Abstract 21, described as 3.83 acres, more or less, as recorded by deed in Volume 453, Page 187, of the Official Records of Williamson County, Texas, and 80.32 acres, more or less, as recorded by deed in Volume 2495, Page 401, of the Official Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on September 4, 2007 recommended Approval of the requested zoning change for the above described property from AG, Agriculture District to 21.41 acres of C-1, Local Commercial District, 42.0 acres of MF, Multifamily District and 20.0 acres of RS, Residential Single-Family District. Item # P Gaddy Parcel AG to C-1, MF, and RS Page 2 of 3 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 objective of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Goal 6: Provide for a variety of housing types throughout the City. Objective 6.4: Encourage high density and multi-family to locate in proximity to supporting facilities, including roadway networks, employment, shopping, schools, parks and recreation facilities. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from AG, Agriculture District to 21.41 acres of C-1, Local Commercial District, 42.0 acres of MF, Multifamily District and 20.0 acres of RS, Residential Single-Family District., is hereby adopted by the City Council of the City of Georgetown, Texas, subject to the following condition: • Pursuant to the process set forth in Section 3.09 ("Site Plan Review") of the Unified Development Code, the site plan submitted for the development shall include criteria that allows for, and encourages, a seamless transition from the commercial to residential use. This transition can be accomplished through site design, architectural design or a mix of land uses. Said criteria shall be subject to the review and approval of the Director of Planning and Development Services. 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 Item # P Gaddy Parcel AG to C-1, MF, and RS Page 3 of 3 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 final adoption by City Council. PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the 9th day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: ______________________ Patricia E. Carls City Attorney Item # P A A RS A A RS RS RS RS RS RS RS RS RS RS RS C R 1 1 0 SE I NNE R L O O P M A P L E S T CAR L SON C V C R 1 1 0 4,100 0 4,1002,050 Feet - Gaddy Parcel Current Zoning (Property and Boundary Lines are Approximate) Exhibit A Item # P RES RES RES TOD PUB COM TOD COM PUB PUB COM MIXED MIXED MIXED RES PARKS RES PUB RES RES RES C R 1 1 0 SE I N N E R L O O P JA N L N M A P L E S T CARL S O N CV PER K I N S P L C R 1 1 0 4,100 0 4,1002,050 Feet - Gaddy Parcel Future Land Use (Property and Boundary Lines are Approximate) Exhibit B Item # P Item # P Item # P Item # P City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # Q 1 City Council Meeting: October 9, 2007 Item No.________ AGENDA ITEM COVER SHEET SUBJECT: Second Reading of an Ordinance for 1) a Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi-Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan to re-align a collector-level road and 2) a Rezoning from AG, Agriculture to MF, Multi-Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051), located at FM 971 and SH 130. ITEM SUMMARY: Owner: Hart Interests, L.P. Applicant: Jana Rice, Cunningham-Allen, Inc. Location: 2000 FM 971 (971 and SH 130) Utilities: Jonah water, Georgetown waste water and electric. Intensity: Intensity Levels 2, 3 and 5 Zoning: Agriculture (AG) F. Land Use: Residential Background: This property is located to the east of SH 130 and abuts the toll way along most of the property line, although it has no direct access to 130. The entire accessible right-of-way (r.o.w). frontage the property has is along FM971, on its northern boundary line. The southern tract of the property (approximately 131 acres) was annexed in December 2006 due to its proximity to SH 130 and, including the existing annexed 28 acres, the entire property is now within the city limits. The default zoning for the 131 acres is AG, Agriculture, which the applicant is seeking to change now to MF, Multi-Family and RS, Single-Family Residential. The rezoning application corresponds with the land use changes presented here for commercial, multi-family and residential. (See Exhibit C) The northern 28 acres of this tract is separated from the rest by the Georgetown Railroad rail r.o.w. and a large drainage easement has been granted to the state for SH 130 drainage that runs along the north of that r.o.w. and then turns to the north towards 971 along the eastern boundary of the 28 acre tract. The property is currently being used as a farm and is one of the first projects to be processed through the city along the SH 130 corridor. Status: This item has been delayed from Planning and Zoning Commission since April due to issues over the railroad crossing for the proposed collector route. After talks with the landowner’s attorney and city staff, the ordinance states that, due to the thoroughfare change, the collector-level road through the property will have a railroad crossing, either at-grade or grade-separated, in the future that will meet all necessary safety requirements. The applicant is proposing the 28 acre tract to be a commercial use in the form of a grocery store or something along those lines, with additional retail supporting it. This area of town has no commercial or retail available to residents and the applicant hopes to take advantage of one of the few exit ramps/intersections that SH 130 has in Georgetown for traffic and visibility. This particular tract is currently split between Intensity 3 and 5 and is requested to be Level 5 for the whole tract. To the south of the commercial and the railroad, there is a proposed 15 acres intended for 310 multi-family units and 116 acres of 435 single-family units. Both of these are requesting an overall Intensity Level of 3, up from a 2. (See Exhibits A and B) The property will contain parkland along the San Gabriel River, which will also be determined at the preliminary plat. Item # Q 2 Unit Breakdown: Retail: 210,000 sq. ft. Multi-Family: 310 units Single-Family: 435 units In addition to the land use and intensity changes, the applicant is requesting that a future east-west collector, originally intended to connect NE Inner Loop with CR 103, be altered. The reason for this is that the road was cut off by the limited access toll road and, therefore, has no future to the west of 130. The applicant has proposed bending the western part of this road up to FM 971, to create a collector-level entrance to the project, while continuing its original path to the east. This collector will cross a Georgetown Railroad line. (See Exhibit B) Surrounding Intensity, Land Use and Zoning: Location Intensity Future Land Use Plan Zoning North 2 and 5 Residential MH South 1 Residential N/A – out of City East 2 Residential N/A – out of City West 3 and 4 Residential and Commercial AG, C-3, MF Basis of Support: Staff recommends approval of 1) the Comprehensive Plan Amendments: Intensity Map, Future Land Use Plan, and Overall Transportation Plan; and 2) the Zoning change. The reasons are outlined below. 1. The project is consistent with the Wastewater Master Plan, which currently shows capability to serve the project as proposed, due to the Pecan Branch Wastewater Treatment Plant located just down FM 971. The intensity requests are not significantly greater than existing levels and are in synch with the proposed living units. Water is being provided by Jonah, who has provided staff with a letter promising fire flow, although city policy now requires an engineer certification of fire flow on the ground at the time of platting. 2. The proposed land use changes bring a good mix of single-family and multi-family with easy access to parkland along San Gabriel (which will be dedicated to future a hike-and-bike trail) and the proposed local commercial/retail at FM 971. City staff sees more residential-mixed developments being built near this section of 130 in the future as to take advantage of good accessibility. The proposed commercial could bring necessary neighborhood commercial for this development, the surrounding residential areas and the eastern corridor of 971, which is currently lacking commercial land use. 3. The thoroughfare amendment is being supported by staff to fix the problem created when SH 130 was built, severing access to the east between 971 and 29. This collector is important to the Georgetown transportation model and is needed to provide additional access and circulation to future eastern developments. This road, when built, will stub to the eastern boundary of this property, in anticipation of future development that will continue the road eastward. 4. The proposed amendment is consistent with the following Goals / Policies of the Future Land Use Plan: Goal 1 :: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan. 5. The proposed Land Use Plan Amendment is consistent with the following Goals/Policies of the Housing Element of the Future Land Use Plan: GGOOAALL 66:: Provide for a variety of housing types throughout the City. Objective 6.3: Promote the availability of a variety of housing types within the City that will Item # Q 3 meet the needs of all segments of the Georgetown population including age, family status, income and household size. 6. The proposed Thoroughfare Plan Amendment is consistent with the following Goals/Policies of the Transportation Element of the Future Land Use Plan: GGOOAALL 44:: Provide an efficient, safe and connective transportation system that is coordinated with existing needs and with plans for future growth; this system should be economical and responsive to environmental concerns. Objective 4.1: Use the Thoroughfare Plan and the Future Land Use Plan in conjunction to one another, specifically to ensure that the various land uses within the City are accommodated by the transportation system. 3.06.030 Approval Criteria (Rezoning) The City Council shall consider the following approval criteria for zoning changes: A. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; B. The proposed zoning change is consistent with the Comprehensive Plan; C. The proposed zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; D. The proposed zoning change is compatible with the zoning of surrounding properties and with the character of the surrounding area which includes undeveloped properties, and large lot residential; and E. The property to be rezoned is suitable for uses permitted by the C-3, MF and RS that would be applied by the proposed amendment. PUBLIC COMMENTS: None. ATTACHMENTS: Ordinance for Comprehensive Plan, including Exhibit A – Existing and Proposed Intensity and Exhibit B – Existing and Proposed Land Use and Thoroughfare Plan; Ordinance for Rezoning, including Exhibit C – Existing and Proposed Zoning and Exhibit D – Field Notes; Note: The street layout shown north of the proposed project in Exhibit A was part of a plat that has recently been vacated, so the streets do not exist and capacity is not being allocated to that neighborhood. RECOMMENDED MOTION: Conduct Second Reading of 1) an Ordinance a Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi-Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan for a designated collector-level road and 2) an Ordinance for a Rezoning to change the zoning from AG, Agriculture to MF, Multi-Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051). Submitted By: ______ ____ _______ Bobby Ray, AICP Jordan Maddox Director, Planning and Development Planner II Item # Q Hart Tracts Comprehensive Plan Amendments Ordinance No. _________ Page 1 of 4 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending Exhibit 1: Intensity Map of the Century Plan – Development Plan, passed and adopted on the 13th Day or March 1990, to change 159.177 acres in the John Berry Survey (abstract 051), from Intensity Levels 2, 3, and 4 to Intensity Levels 3 and 5; amending the Future Land Use Plan, passed and adopted on the 28th Day of May 2002, to change, from Residential to Residential, Office/Retail/Commercial and Multi-Family; and amending the Overall Transportation Plan, adopted on the 22nd day of June 2004, to change the alignment of a collector-level roadway, repealing conflicting ordinances and resolutions, including a severability clause; and establishing an effective date. Whereas, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and Whereas, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and Whereas, the City Council did, on March 13, 1990, adopt by Ordinance Number 900149 the Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities functional plan elements pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- Development Plan contains the Intensity Map designed to assign development intensities throughout the Georgetown Planning Area; and Whereas, the City Council did, on May 28, 2002, adopt by Ordinance Number 2002-32 adopt new elements of the Century Plan: The Future Land Use Plan pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- the Future Land Use Plan contains the Future Land Use Map designed to assign future land uses throughout the Georgetown planning area; and Whereas, the Overall Transportation Plan, was adopted on June 22, 2004, as elements of the Century Plan – Development Plan, replacing the Thoroughfare Plan; and Whereas, an application from the Hart Interests, LP, has been made to change the intensity assignment from Intensity Levels 2, 3, and 5 to 28 acres, more or less, of Intensity Level 5 and 131 acres, more or less, of Intensity Level 3, and Future Land Use from all Residential to 115 acres, more or less, of Residential, 28 acres, more or less, of Office/Retail/Commercial and 15 Item # Q Hart Tracts Comprehensive Plan Amendments Ordinance No. _________ Page 2 of 4 acres, more or less, of Multi-Family, for a total of 159.177 acres in the John Berry Survey, abstract 051, located near FM 971 and SH 130; and Whereas, the Planning and Zoning Commission did, on April 3, 2007, conduct a public hearing regarding the proposed amendment to EXHIBIT 1: Intensity of the Century Plan - Development Plan, the Century Plan – Future Land Use Plan, and the Overall Transportation Plan of the Century Plan – Development Plan; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City, which stated the time and place of hearing which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such Plan amendment placed on the Property, such Sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the Planning and Zoning Commission did, on April 3, 2007, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan, the Century Plan – Future Land Use Plan Map, and the Overall Transportation Plan of the Century Plan – Development Plan. 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 Policy Ends of the Century Plan - Policy Plan Element and Goals of the Future Land Use Plan: 1. Policy Statement: Georgetown’s natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 2. Future Land Use and Thoroughfare Plan: Item # Q Hart Tracts Comprehensive Plan Amendments Ordinance No. _________ Page 3 of 4 Goal 1 :: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.2: Plan for future development that is compatible with the City’s natural features, environmentally sensitive areas, and existing land uses. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed; Meets the Goals of the Overall Transportation Plan: 1. The transportation system should consider planned development patterns, accessibility and mobility needs: •••• The transportation system should provide access between all developed areas of the region and connections to other cities in region; • Consider development potentials within and beyond the extraterritorial jurisdiction (ETJ) for the design years and provide tools to assess the impacts of growth to assist decision making. 2. Meet the area’s long range transportation needs: • Establish the procedures for monitoring the Overall Transportation Plan and provide for periodic updating and revision. It should provide sufficient flexibility to accommodate changes in land use planning for the City of Georgetown and other unforeseen changes and conditions; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the Property from Intensity Levels 2, 3 and 5 to Intensity Levels 3 and 5, for 159.177 acres in the John Berry Survey, abstract 051, as illustrated in Exhibit A of this ordinance. Section 3. The Future Land Use Map, contained in the Century Plan – Future Land Use Plan, is hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use Plan Map for the Property from Residential to 115 acres, more or less, of Residential, 15 acres, more or less, of Multi-Family and 28 acres, more or less, of Office/Retail/Commercial for a total of 159.177acres in the John Berry Survey, abstract 051, as illustrated in Exhibit B of this ordinance. Item # Q Hart Tracts Comprehensive Plan Amendments Ordinance No. _________ Page 4 of 4 Section 4. The Overall Transportation Plan, contained within the Century Plan – Development Plan, is herby amended by the City Council of Georgetown, Texas, to change the Thoroughfare Plan for a planned collector-level road located over the Property. Section 5. For the collector-level road, a railroad crossing shall be required that meets all ASHTO and City of Georgetown Construction Standards pertaining to traffic safety in effect at the time of submittal of construction plans. Section 6. 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 7. The Intensity Level increase is conditioned upon the availability of fire flow which meets all applicable City standards for the Property at the time of submittal of the preliminary plat , which fire flow availability and adequacy is certified by an engineer for the fire flow service provider. Section 8. 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 9. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the 9th day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: _________________________________ _________________________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: _________________________________ Patricia E. Carls City Attorney Item # Q Hart Tracts 159.177 Rezoning Page 1 of 3 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to Change 159.177 acres in the John Berry Survey (abstract 051) as recorded by deed in Document No. 2006023123 of the Official Records of Williamson County, Texas from AG, Agriculture District to RS, Single-Family Residential, MF, Multi-family Residential and C-3, General Commercial; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): Change 159.177 acres in the John Berry Survey (abstract 051) as recorded by deed in Document No. 2006023123 of the Official Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on April 3, 2007 recommended Approval of the requested zoning change for the above described property from AG, Agriculture District to RS, Single-Family Residential, MF, Multi-Family Residential and C-3, General Commercial. Item # Q Hart Tracts 159.177 Rezoning Page 2 of 3 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 objective of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: • Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. • Goal 6: Provide for a variety of housing types throughout the City. • Objective 6.1: Ensure that development regulations promote the ability to develop a variety of housing types throughout the City. • Objective 6.3: Promote the availability of a variety of housing types within the City that will meet the needs of all segments of the Georgetown population including age, family status, income and household size. • Objective 6.8: Where possible, encourage clustering of residential units to reduce development and maintenance cost, preserve natural features and maximize open space and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The Zoning Map of the City, as well as the Zoning District for the Property is hereby changed from AG, Agriculture District to RS, Single-Family Residential, MF, Multi-family Residential, and C-3, General Commercial in accordance with Exhibit C and Exhibit D and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or 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 final adoption by City Council. Item # Q Hart Tracts 159.177 Rezoning Page 3 of 3 PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the 9th day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: ______________________ Patricia E. Carls City Attorney Item # Q 2 3 1 5 4 2 3 3 2 5 3 5 23 5 1 3 3 2 22555 2 2 3 1 5 4 2 3 3 2 5 1 3 5 23 5 3 3 2 22555 2 S H 1 3 0 N B S H 1 3 0 S B F M 9 7 1 N E I N N E R L O O P Hart Tracts - Intensity Existing Intensity Proposed Intensity ±0 660 1,320 1,980 2,640330Feet Intensity1 2 3 4 5 Exhibit A Leg en d STREETSCITYLIMITS PARCELSSTREAMS RAILROADProject Boundary Item # Q F M 9 7 1 N E I N N E R L O O P S H 1 3 0 F R O N T A G E S T A T E H I G H W A Y 1 3 0 S T A T E H I G H W A Y 1 3 0 S T A T E HIG H W A Y 1 3 0 F U T U R E C O L L E C T O R S M I T H C R E E K R D S H 1 3 0 US H 1 3 0 F R O N T A G E F M 9 7 1 S H 1 3 0 N BS H 1 3 0 S B BERRY LN N E I N N E R L O O P S M I T H C R E E K R D P R O P O S E D C O L L E C T O R C H A N G E Exhibit BExisting Future Land Use and Thoroughfare Designation Proposed Future Land Use and Thoroughfare Change ± 0 760 1,520 2,280 3,040380Feet Future Parkland Dedication Proposed Multi-Family Proposed Retail/Commercial EXIST_MAJ_ARTERIAL RAILROADS THOROUGHFARE EXIST_FREEWAY PROP_COLLECTOR Legend CITYLIMITSSTREETS PARCELSSTREAMS Project Boundary Future Land Use and Thoroughfare ± COMMULTIPARKSRES Future Land U se Vacated PlatVacated Plat Item # Q S H 1 3 0 S B S H 1 3 0 N B F M 9 7 1 BERRY LNN E I N N E R L O O P E L K D R Exhibit C ± F M 971 S H 1 3 0 S B S H 1 3 0 N B BERRY LN C R 1 5 2 N E IN N E R L O O P E A S T V I E W D R L A Z Y R D D R I V E W A Y E L K D R C A R I B O U D R C R 1 5 2 ZONING A RS MHTHMFC-3 Leg en d RAILROADS STREETSProject Boundary CITYLIMITS PARCELSSTREAMS Existing Zoning Proposed Zoning 0 1,700 3,400 5,100 6,800850Feet Zoning MapItem # Q City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # R Highland Park Revised RS to C-1 Zoning Page 1 of 2 City Council Meeting: October 9, 2007 Item No._ _ AGENDA ITEM COVER SHEET SUBJECT: Second Reading of an Ordinance to Rezone from RS, Residential Single-Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460. (REZ-2007-018) ITEM SUMMARY: Owner: Shane Pope Agent: Lynn Haag, Steger & Bizzell Engineering Location: 504 FM 1460, east of Austin Ave. Utilities: City of Georgetown water, wastewater and electric Century Plan: Intensity Level 3 Zoning: RS, Residential Single-Family Land Use: Mixed Use Status/History: The 0.24-acre site is located on the south side of FM 1460, just east of Austin Avenue (see Exhibit A). The existing zoning of the property is RS, Residential Single-Family and is developed with a single-family residential structure. The property is designated as Mixed Use on the Future Land Use map and is assigned an Intensity Level of 3 on the Century Plan. The applicant is requesting a rezoning from RS, Residential Single-Family District to C-1, Local Commercial District. The C-1 district is “intended to provide areas for commercial and retail activities that primarily serve residential areas.” The district permits restaurant, office, retail and personal service oriented uses and limits repair oriented retail sales and service uses to 10,000 square feet. Vehicle sales and service, including fuel service, minor and major vehicle service and repair, as well as vehicle sales, rental or leasing are prohibited within the C-1 district. That said, the applicant’s current business adjacent to this lot (Pro Auto Glass) could not use this property for on-site repair work. This property is the western half of Lot 2, Block 1, of the Highland Park Revised plat. The eastern half of the original Lot 2 (2B) was rezoned to C-1 in July, 2001, and is currently developed with a real estate office. Surrounding Intensity and Land Uses: Location Intensity Zoning Future Land Use Plan Existing Land Use North 3 C-1 & RS Res. & Off./Retail/Comm. Veterinarian South 3 RS & C-1 Mixed Use Residential East 3 C-1 Mixed Use Real Estate Office West 3 C-1 Mixed Use Pro Auto Glass Basis of Support: Staff recommends approval of the zoning change. The reasons for this are outlined below. Item # R Highland Park Revised RS to C-1 Zoning Page 2 of 2 Section 3.06.030 Approval Criteria (Rezoning) A. The application materials submitted provide complete, sufficient and correct information necessary to render adequate review and final action; B. The proposed C-1 zoning implements the following Goals/Policies of the Future Land Use Plan: • Objective 1.2: Plan for future development that is compatible with the City’s natural features, environmentally sensitive areas, and existing land uses. • Objective 1.3: Ensure that new development will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. • Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan. • Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed. C. The proposed C-1 district promotes the health, safety, or general welfare of the City and the safe, orderly and healthful development of the City through its consistency with, and implementation of, the Future Land Use Plan. D. The proposed C-1 district is consistent with the adjacent C-1 districts along FM 1460. E. The uses allowed in the proposed C-1 zoning are compatible with the land uses of surrounding properties and with the character of the surrounding area: • Office, commercial and single-family residential uses. F. The site is suitable for the range of uses permitted in the C-1 zoning district. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None COMMENTS: At the time of this report, no public comments have been received. PLANNING & ZONING COMMISSION MOTION: The Planning and Zoning Commission conducted a public hearing on September 4th and voted unanimously (7-0) to recommend approval of the request. CITY COUNCIL ACTION: The City Council conducted a public hearing and first reading of the ordinance on September 25, 2007, and voted unanimously (7-0) to approve the first ordinance reading. RECOMMENDED MOTION: Conduct the Second Reading of the Ordinance to Rezone approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460, from RS, Residential Single-Family district to C-1, Local Commercial district. ATTACHMENTS: Ordinance; Exhibit A - Zoning Location Map; Exhibit B - Future Land Use Location Map; Exhibit C - Legal Description/Field Notes; Exhibit D - Applicant’s Request Letter Submitted By: Bobby Ray, AICP Valerie Kreger Director, Planning and Development Planner III Item # R Highland Park RS to C-1 Page 1 of 3 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to Change approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, as recorded in Cabinet A, Slides 369-371, of the Official Plat Records of Williamson County, Texas, from RS, Residential Single-Family District to C-1, Local Commercial District; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): Approximately 0.24 acres described as a portion of Lot 2, Block 1, of Highland Park Revised as recorded in Cabinet A, Slides 369-371 of the Official Plat Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on September 4, 2007 recommended Approval of the requested zoning change for the above described property from RS, Residential Single-Family District to C-1, Local Commercial District. Item # R Highland Park RS to C-1 Page 2 of 3 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 objective of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from RS, Residential Single-Family District to C-1, Local Commercial District, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or 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 final adoption by City Council. Item # R Highland Park RS to C-1 Page 3 of 3 PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the 9th day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: ______________________ Patricia E. Carls City Attorney Item # R IN IN C-3 IN IN RS C-3 C-3 C-3 RS IN MF RS IN MF IN RS C-3 C-3RS C-1 C-3 RS C-1 RS TF C-1 C-1 IN C-3 RS C-3 C-1 C-1 RS C-1 MF S A U S T I N A V E W 21 S T ST FM 1460 W 22 N D ST INDUSTRIA L AVE LEANDE R R D W 24TH ST L E A N D E R S T TASUS WAY H I G H L A N D D R B R U S H Y S T 960 0 960480 Feet - Highland Park Addition, Block 1, Lot 2A (Property and Boundary Lines are Approximate) Exhibit A Item # R COM IND IND RES PUB IND COM COM MIXED COM PUB MIXED RES IND COM MIXED IND IND RES IND RES COM COM RES RES S A U S T I N AV E W 21 S T S T FM 1460 W 22 ND ST INDU STR IA L AVE LEANDER RD W 24TH ST L E A N D E R S T TASUS WAY H I G H L A N D D R B R U S H Y S T 960 0 960480 Feet - Highland Park Addition, Block 1, Lot 2A (Property and Boundary Lines are Approximate) Exhibit B Item # R Item # R Item # R Item # R City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # S Item # S Item # S Item # S City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # T Commercial Dep Waiver 2007.doc Page 1 of 2 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ARTICLE VII, SECTION 13.04.230 ENTITLED “DEPOSITS” OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of Georgetown updated its current commercial utility deposit policies in 2003; and WHEREAS, The City Council of the City of Georgetown wishes to implement utility deposit policies that are fair and equitable, while still maintaining financial security, to guard against loss due to non-payment of utility bills; and WHEREAS, The City of Georgetown wishes to implement policies that are specific and easily understandable; and WHEREAS, The City Council of the City of Georgetown wishes to amend the current utility deposit policies, and adopt proposed policies, effective on all utility accounts on and after November 1, 2007. 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 Finance Policy End 4.0 of the Century Plan - Policy Plan Element, which states: "The City will conduct all municipal operations in an efficient business-like manner and sufficient financial resources for both short-term and long-term needs are provided," and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Article VII "MISCELLANEOUS" of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: Sec. 13.04.230. Deposits. A. Residential. A $150.00 deposit is required on each dwelling unit unless otherwise specified by this section or if the customer can provide an original letter of credit from another utility company for the most recent 12-month period preceding the connect date that has no late payments or insufficient checks. Item # T Commercial Dep Waiver 2007.doc Page 2 of 2 B. Nonresidential. Unless otherwise specified by this section, or by the City Council, nonresidential establishments are required to post a utility deposit equal to at least twice the average monthly bill of that establishment or a similar establishment of its kind. The minimum nonresidential deposit is $150.00. A bank letter of credit or a surety bond, for the deposit amount, and containing terms specified by the Director of Finance and Administration may be accepted in lieu of a cash deposit. The deposit may be waived with a letter of credit from another utility company for the most recent 36-month period preceding the connect date that shows no late payments or insufficient checks. The business represented in the letter of credit must have the same owner and be of a similar size and usage as the business requesting services. C. Federal and State Political Subdivisions. Federal and State political subdivisions are not required to post a utility deposit. D. Satisfactory Payment History Deposit Refund. The required utility deposit shall be refunded to a utility customer after one year of satisfactory payment history for utility services. Satisfactory Payment History is defined as a payment history that does not include any Non-Sufficient Fund (NSF) payments or any charge of a ten percent penalty for nonpayment by the due date, as provided in Section 13.04.190(B). E. Satisfactory Payment History Deposit Waiver. 1. A utility deposit is not required from a former residential customer who previously established a satisfactory payment history with the City during the most recent one- year period during which the customer was a customer of the City. 2. A current residential customer, who has a 12-month Satisfactory Payment History, can apply for utility service at another residential location without posting a deposit. 3. A current non-residential customer, who has a 36-month Satisfactory Payment History, can apply for utility service at another non-residential location without posting a deposit. 4. A deposit is not required of a current non-residential customer expanding an existing business into a contiguous space having separate meters, as long as that business has maintained a satisfactory payment history for the 12 months prior to the time of expansion; the name on the account is the same; and the account cannot stand on its own, if the original account closed. E. A utility deposit is not required from a former customer who has previously established a satisfactory payment history with the City during the most recent one-year period during which the customer was previously a customer of the City. A current residential customer who owns his residence and has a good payment history can apply for utility service at another residential location without posting a deposit. However, a deposit is not required of a current commercial customer expanding an existing business into a contiguous space having separate meters, so long as that business has maintained a good payment history for the 12 months prior to the time of expansion. F. Deposit Required After Termination. A standard utility deposit is required of any utility customer, regardless of payment history, if utility service has been discontinued for nonpayment. Utility customers shall thereafter be entitled to a satisfactory payment history Item # T Commercial Dep Waiver 2007.doc Page 3 of 2 deposit refund upon the completion of the required one-year satisfactory payment history, as computed from the date of reconnect, in accordance with the provisions of this section. G. Reserved. GH. Present customers having a lower than required currently established deposit are not required to increase their deposit amount to the required currently established amount, even when transferring the deposit to a new location. However, such customers establishing a new, additional service or having service terminated due to nonpayment are required to make the appropriate currently required deposit. 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 on all utility accounts on and after November 1, 2007. PASSED AND APPROVED on First Reading on the 25 day of September 2007. PASSED AND APPROVED on Second Reading on the 9th day of October 2007. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: ______________________ Patricia Carls, City Attorney Item # T City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # U Ordinance No.________________ GARBAGE RATE ORDINANCE Page 1 of 2 ORDINANCE NO._______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING SECTION 13.04.180 OF THE CITY CODE OF ORDINANCES RELATING TO ”RATES AND CHARGES – SOLID WASTE DISPOSAL – SCHEDULE;” REPEALING CONFLICTING PROVISIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown recently re-negotiated a garbage hauling and disposal contract with Texas Disposal Systems; and WHEREAS, the Texas Disposal System contract negotiations have resulted in changes in services and costs for services; and WHEREAS, a review of the newly adopted sanitation rates revealed a fee that was overlooked in the adjustment process; and WHEREAS, the City Council has determined that all rates are to be fair and equitable for such services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that: SECTION 1 The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Century Plan Policy Statement – Goals and Strategies: 11.0 Policy Statement: “City owned, sponsored, or managed utilities are competitively priced and provide safe, adequate, and reliable services to all customers.” Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict with any other Century Plan Policy Statements. SECTION 2 Existing Section 13.04.180 is hereby amended by one entry only, which is to read as follows: Item # U Ordinance No.________________ GARBAGE RATE ORDINANCE Page 2 of 2 Section 13.04.180 Rates and charges--Solid waste disposal--Schedule. A. Rates and charges for solid waste disposal are as follows: Locking devices for Commercial Containers (in all Tiers and Rate Classes) One-time charge: $53.00 Monthly Fee: $ 5.00 $10.00 SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect. SECTION 4 If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications 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 of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter with billings on or after October 15, 2007. PASSED AND APPROVED on First Reading on the 25th day of September 2007. PASSED AND APPROVED on Second Reading on the 9th day of October 2007. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee Gary Nelon City Secretary Mayor APPROVED AS TO FORM: Patricia E. Carls City Attorney Item # U City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # V Collection and Disconnection Fees and Policies Page 1 of 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ARTICLE VII, SECTIONS 13.04.190 ENTITLED “PAYMENT AND COLLECTION” AND SECTION 13.04.220 ENTITLED “OTHER SERVICES AND CHARGES” OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of Georgetown last updated its collection and disconnection policies in 2003; and WHEREAS, The City of Georgetown now has inter-local agreements with Jonah Water Special Utility District and Chisholm Trail Special Utility District; and WHEREAS, The City of Georgetown wishes to implement utility policies that are reasonable and fair, without being cumbersome; and WHEREAS, The City of Georgetown wishes to implement utility policies that assure financial responsibility and act as a deterrent to non-payment of utility bills; and WHEREAS, The City Council of the City of Georgetown wishes to amend the current utility policies, effective on all utility accounts on and after November 1, 2007. 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 Finance Policy End 4.0 of the Century Plan - Policy Plan Element, which states: "The City will conduct all municipal operations in an efficient business-like manner and sufficient financial resources for both short-term and long-term needs are provided," and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Article VII "MISCELLANEOUS" of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: Sec. 13.04.190. Payments and collection. A. Payments shall be considered timely and not delinquent if the payment is received prior to the due date (15 days following the billing date for service), or if payment bears a postmark within such limit, or payment is received in the overnight depository by 8:00 a.m. the following day. When the said due date falls on a weekend or a legal City holiday, such time for payment shall be extended to the next business day. B. When payment is not received by the due date, a ten percent penalty will be added to the account, and a final notice will be mailed. If payment is not received within ten days following the due date (or the next business day, if a weekend or City holiday,) a Field Customer Service Representative (FCSR) will be Item # V Collection and Disconnection Fees and Policies Page 2 of 3 dispatched to the location to disconnect the utility service. An additional $30.00 service charge will be added to the account at this time, and for each subsequent trip, whether the meter is disconnected, a notice is delivered, or a field collection of payment is received by the FCSR. If the account is disconnected, the customer will be required to pay the account in full, by cash, credit card, or money order, before services will be reconnected. In addition, the customer may be required to make the standard utility deposit pursuant to Section 13.04.230. C. After a utility bill has been mailed to the address provided by the customer for that account, the customer is responsible for payment. If the customer has not received a bill, the customer is responsible for obtaining the amount of the bill from the Utility Office and for making timely payment. D. Exceptions to Service 1. Utility customers that do not have water and electric service through the City, but do have unmetered City services; including, but not limited to garbage, wastewater, and stormwater drainage, may have their water or electric service disconnected by their non-City provider through an inter-local agreement between the City and that entity, if payment for their City utility account is not received by the 10th day following the due date on the utility bill (or the next business day, if a weekend or City holiday.) . 2. A hand delivered final notice will be provided to past due City utility customers on the 10th day following the due date (or the next business day, if a weekend or City holiday) informing them that a disconnection of utilities has been scheduled with their non-City provider of the utility, and that they have 24 hours to pay the past due balance to the City or the disconnection will be completed. If the account is disconnected, the customer will be required to pay the account in full, by cash, credit card, or money order, before services will be reconnected. Rules and times of reconnection will be determined by the entity performing the reconnection of utilities. Sec. 13.04.220. Other services and charges-All utility services A. New account or transfer account charge $30.00. In order to transfer utilities from one location to another, any outstanding bill on the current account must be paid prior to transfer. The final bill for the original account will be transferred to and payable on the due date of the new account. B. After hour connect / reconnect charge at customer’s request: $50.00. This charge is in addition to any other charges already accrued, and is applicable to utility meter connects and reconnects taking place any time other than regular business hours (Monday – Friday, 8:00 AM – 5:00 PM,) including weekends and City holidays. C. Exceptions / Fees 1. Disconnection by Non-City entity: Determined by entity disconnecting utility service. Payment is to be made to the City, in addition to the Final Notice Fee and past due balance. The City will reimburse the Non- City entity for the Disconnection Fee. 2. Late Penalty Waiver a. A customer who is 60 years of age or older may request, in writing, a standing waiver of the late penalty, for utility payments made after their due date. Late payments will still initiate a late notice, and the actual payment history will be recorded. Non-payment of the utility account by the Item # V Collection and Disconnection Fees and Policies Page 3 of 3 disconnect date on the late notice will result in disconnection. Age must be verifiable. Waiver applies only to the account holder or their spouse. b. An industrial or larger customer, with an existing contract or development agreement with the City, may enter into an additional contract with the City to waive late penalties in return for specific payment arrangements. Late payments will still initiate a late notice, and the actual payment history will be recorded. Non-payment of the utility account by the disconnect date on the late notice will result in disconnection. c. A customer who is disabled, as authorized by the Federal Social Security Administration, may request, in writing, a standing waiver of the late penalty, for utility payments made after their due date. Late payments will still initiate a late notice, and the actual payment history will be recorded. Non- payment of the utility account by the disconnect date on the late notice will result in disconnection. A customer’s disabled status must be verified by an Award Letter from the Social Security Administration. Waiver applies only to the account holder or their spouse. 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 on all utility accounts on and after November 1, 2007. PASSED AND APPROVED on First Reading on the 25th day of September 2007. PASSED AND APPROVED on Second Reading on the 9th day of October 2007. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: ______________________ Patricia Carls, City Attorney Item # V City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # W Ordinance No.________________ ATTENDANCE REQUIREMENTS FOR BOARDS, COMMITTEES, AND COMMISSIONS Page 1 of 2 ORDINANCE NO._______________ An Ordinance Of The City Council Of The City Of Georgetown, Texas Amending Section 2.36.010(D) of the Code Of Ordinances Relating To Attendance Requirements for Board, Committee and Commission Members; ; Providing A Penalty Clause; Providing A Severability Clause; And Establishing An Effective Date. WHEREAS, the City Council of the City of Georgetown desires to appoint non-voting Commissioners-in-Training to the Planning and Zoning Commission in order to ensure that a trained pool of applicants is available for appointment to the Planning and Zoning Commission; and WHEREAS, establishment of procedures will assist the City and the public in having trained persons as Planning and Zoning Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that: SECTION 4 The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Century Plan Policy Statements – Goals and Strategies: 1.4 Policy Statement: “A high level of cooperation exists among Georgetown’s citizens and governmental organizations. Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the City Council hereby finds that the enactment of this Ordinance is not inconsistent with or in conflict with any other Century Plan Policy Statements. SECTION 5 New Section 2.36.010(D) of the City Code of Ordinances is hereby amended to provide as follows: Section 2.36.010 Duties of Commission, Committee, and Board Members. (A) (no change) (B) (no change) (C) (no change) (D) Attendance by board members is integral to the board's success. It is Council policy to require a minimum of 75% attendance of each board member, based on Item # W Ordinance No.________________ ATTENDANCE REQUIREMENTS FOR BOARDS, COMMITTEES, AND COMMISSIONS Page 2 of 2 excused absences, and 67% attendance considering total absences. (Excused absences shall be determined by the board chair, who shall submit a running summary of absences to the Council in June and November of each year.) Excessive absenteeism will result in the board member being replaced by the Council. SECTION 6 The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. SECTION 7 This Ordinance shall become effective and be in full force and effect on March 1, 2008. PASSED AND APPROVED on First Reading on the 25th day of September 2007. PASSED AND APPROVED on Second Reading on the 9th day of October 2007. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee Gary Nelon City Secretary Mayor APPROVED AS TO FORM: Patricia E. Carls City Attorney Item # W City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # X CITY OF GEORGETOWN VEHICLES BID NO. 27054 BID TABULATION SHEET PHILPOTT HEWLETT DESCRIPTION QTY UNIT PRICE UNIT PRICE LOT I: 1Ton diesel crew cab 4X2 pickup 1 26,773.00$ * No bid LOT II: 3/4 ton diesel cab and chassis w/service utility 1 32,686.00$ 33,805.00$ body & overhead rack 5% local preference 32,114.75$ * LOT III: 3/4 ton diesel regular cab 4X2 pickup 4 22,518.00$ * 25,179.00$ LOT IV: Ford Escape Hybrid 3 24,387.00$ * No Bid LOT V: 8-cyl. 1/2 ton super cab shor bed pickup 2 17,295.00$ * 18,380.00$ * Low Bid No Response: Mac Haik Item # X City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # Y POLICE PATROL MOTORCYLCES BID SHEET BID NO. 27053 GEORGETOWN DESCRIPTION QTY HONDA 2007 or later model Police Patrol Motorcyle 4 19,968.00$ (Includes equipment installation, set up and delivery) TOTAL 79,872.00$ Make & Model: Honda ST1300P Alternate #1 24,000 mile maintenance contract per specifications 4 $1,975.00 TOTAL $7,900.00 TOTAL COST 87,772.00$ * Low Bid No Response: Killeen Power Sports Central Texas Powersports Woods Honda Item # Y City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # Z Century Plan Amendment – Somerset Hills Ordinance No. _________ Page 1 of 4 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending Exhibit 1: Intensity Map of the Century Plan – Development Plan, passed and adopted on the 13th Day or March 1990, to change 1543.9 acres, more or less, in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, from Intensity Levels 1, 3, 4, and 5 to Intensity Level 3; and amending the Future Land Use Plan, passed and adopted on the 28th Day of May 2002, to change, from Agricultural, Residential, Mixed Use, and Office/Retail/Commercial to Residential, Mixed Use, and Office/Retail/Commercial; repealing conflicting ordinances and resolutions, including a severability clause; and establishing an effective date. Whereas, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and Whereas, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and Whereas, the City Council did, on March 13, 1990, adopt by Ordinance Number 900149 the Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities functional plan elements pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- Development Plan contains the Intensity Map designed to assign development intensities throughout the Georgetown Planning Area; and Whereas, the City Council did, on May 28, 2002, adopt by Ordinance Number 2002-32 adopt new elements of the Century Plan: The Future Land Use Plan pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- the Future Land Use Plan contains the Future Land Use Map designed to assign future land uses throughout the Georgetown planning area; and Whereas, an application from Myra Young and Waterstone Development, has been made to change the intensity assignment from Intensity Level from 1, 3, 4, and 5 to Intensity Level 3, and Future Land Use from Agricultural, Residential, Mixed Use, and Office/Retail/Commercial to Residential, Mixed Use, and Office/Retail/Commercial, for 1543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245; and Item # Z Century Plan Amendment – Somerset Hills Ordinance No. _________ Page 2 of 4 Whereas, the Planning and Zoning Commission did, on September 4, 2007, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan and to the Century Plan – Future Land Use Plan; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City, which stated the time and place of hearing which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such Plan amendment placed on the Property, such Sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the Planning and Zoning Commission did, on September 4, 2007, recommend that the City Council conditionally approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan and the Century Plan – Future Land Use Plan Map. 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 Policy Ends of the Century Plan - Policy Plan Element and Goals of the Future Land Use Plan: 1. Policy Statement: Georgetown’s natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 2. Future Land Use and Thoroughfare Plan: Goal 1 :: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.2: Plan for future development that is compatible with the City’s natural features, environmentally sensitive areas, and existing land uses. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Item # Z Century Plan Amendment – Somerset Hills Ordinance No. _________ Page 3 of 4 Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Section 2. EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the Property from Intensity Level from 1, 3, 4, and 5 to Intensity Level 3, for 1543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245, as illustrated in Exhibits A and B of this ordinance. Section 3. The Future Land Use Map, contained in the Century Plan – Future Land Use Plan, is hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use Plan Map for the Property from Agricultural, Residential, Mixed Use, and Office/Retail/Commercial to Residential, Mixed Use, and Office/Retail/Commercial, for 1543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245, as illustrated in Exhibits A and B of this ordinance. Section 4. Approvals of the Century Plan Amendments as stated in Section 2, Section 3, and Exhibits A and B of this ordinance are hereby expressly made conditioned on the City and Applicant entering into a mutually acceptable agreement(s) which on or before March 25, 2008: 1) Amends the May 30, 2006, Development Agreement Regarding Annexation and Development of Cowan Springs, to included the 320 acres in the Fredrick Foy and Lewis P. Dyches surveys, known as the Young Tract; 2) The Owner and City work to bring the entire project under the City’s water, wastewater and electric service area. 3) The Owner and City work with Williamson County to bring Overall Transportation Plan Amendments to the Georgetown Transportation Advisory Board related to the design and classification of Ronald Reagan Boulevard and CR 245. Specifically amend the roadway table for ROW requirements and possibly adopt cross sections related these roadways within the project limits; and 4) The Future Land Use Map, contained in the Century Plan – Future Land Use Plan, includes a Public land use category. While not shown on Exhibit A, the applicant will be responsible for sighting and locating a minimum of 61.2 acres for school and fire station use as public uses in the Residential and Mixed Use areas; Section 5. Failure to comply with all of the conditions in Section 4 of this Ordinance shall cause the Century Plan approvals requested in the application to automatically terminate, and to be without any force or effect, and the Intensity Levels and Future Land Uses for the Property to Item # Z Century Plan Amendment – Somerset Hills Ordinance No. _________ Page 4 of 4 automatically revert to the levels and uses that were in place immediately prior to the effective date of this Ordinance without further action from the City Council. Section 6. 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 7. 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 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the ____ day of ______________, 2007. ATTEST: THE CITY OF GEORGETOWN: _________________________________ _________________________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: _________________________________ Patricia E. Carls City Attorney Item # Z Item # Z Item # Z City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # AA Item # AA Item # AA Item # AA WCAD Nominee Resolution No. _________ RESOLUTION NO. ____________ A Resolution of the City Council of the City of Georgetown, Texas, authorizing the nomination of a candidate for membership on the Williamson County Appraisal District Board of Directors. WHEREAS, the City of Georgetown is a taxing entity located within Williamson County; and WHEREAS, the City of Georgetown is asked by the Williamson County Appraisal District to nominate a candidate for membership on the Williamson County Appraisal District Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policy or policies of the Century Plan - Policy Plan Element: 14.0 Policy Statement: A high level of cooperation and involvement exists among Georgetown’s citizens and governmental organizations. SECTION 2. The City Council of the City of Georgetown, Texas hereby nominates: Harry Gibbs to stand as a candidate for election to the Williamson County Appraisal District Board of Directors. SECTION 3. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto this resolution on behalf of the City of Georgetown. SECTION 4. This resolution shall be effective immediately upon adoption. RESOLVED this 9th day of October, 2007. Approved: Attest: Approved as to form: __________________ ________________________ _______________________ Gary Nelon Sandra D. Lee Patricia E. Carls Mayor City Secretary City Attorney Item # AA City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # BB 1508 S. Lamar Blvd. Austin, Texas 78704 (512) 445-7074 voice (512) 445-7064 fax Prime Strategies, Inc. Memo To: Jim Briggs, City of Georgetown Commissioner Valerie Covey, Precinct 3 From: Michael J. Weaver Date: September 5, 2007 Re: Williams Drive Financing Proposal As we discussed, I believe an application by the City of Georgetown for CAMPO STP-MM funding for the Williams Drive project has both financial and political merit. The application, which is due by October 31st, would be supported by Williamson County both by resolution and financially. Williamson County usually gets at least one project per year funded by CAMPO. There is only about $20.0 plus million available and a huge wish list of regional projects. With six (6) votes on CAMPO plus Bob Daigh, P.E., a well qualified project has a good chance of receiving funding. The Williams Drive project should score well since it is ready to go to construction. It is well leveraged with TxDOT dollars already spent or being spent on PS&E, ROW and utilities. CAMPO requires at least a 20% local contribution. I would recommend an approximate 50% match with $2.5 million provided by both the County and the City. Funding would need to be available by June 2008 (TxDOT’s proposed letting schedule). The safety and congestion improvements as well as the “gap closure” between the existing Williams Drive and the County’s proposed pass through project should also score well. The benefit of this scenario will only require funding from the City, County and CAMPO. TxDOT will let and manage the construction at no cost to the City or County. I believe this would be a great opportunity for both the City and County to work with TxDOT to solve this critically needed project. Last, the Commissioners Court is scheduled to consider this item next week. Under that action the Court will probably authorize the Judge or Commissioner Covey to officially extend this proposal to the City along with the County’s proposed $2.5 million contribution. While I can not speak for the Commissioner’s Court, there may also be an opportunity for the County to cover the City’s $2.5 million if cash flow would not allow you to have funds available by June 2008. There are several ways this can be done if cash flow becomes an issue and assuming that the “repayment” could occur quickly. If you have any questions or need any assistance, please let me know. Cc: Joe England, P.E. Williamson County Engineer Item # BB R R 2 3 3 8 C R 2 4 5 F M 3 4 0 5 S W 1 C R 2 6 2 C R 2 6 1 W I L L I A M S D R W i l l i am s D ri v e S T A T E H I G H W A Y 1 9 5 R O N A L D W R E A G A N B L VD C R 248 SU N C I T Y B L V D SH E L L R D D B W OOD RD D E L W E B B B L V D Indi an Sp r i n g s R oad SH E L L S P U R J I M H O G G R O A D C E D A R B R E A KS R D B O O T Y 'S C R O SSIN G RD W ILD W O OD D R C O U N T RY R D R R 2 3 3 8 SU N C I TY B LV D R O N A L D W R E A G A N B L V D 0 1 20.5 Miles September 15, 2007 Legend CLASS FREEWAY MAJOR ARTERIAL MINOR ARTERIAL COLLECTOR PROP. FREEWAY PROP. MAJOR ARTERIAL PROP.MINOR ARTERIAL PROP. COLLECTOR THOROUGHFARE YEAR_, FUNDING CURRENT, FUNDED CURRENT, PARTIAL OTHER FUNDING, PARTIAL OTHER FUNDING, FUNDED CityLimits ETJ GTEC Williams Drive Progress Report · 1 inch equals 1 miles Map maintained by: City of Georgetown, Texas Planning and Development Services Division 300 Industrial Avenue P.O. Box 1458 Georgetown, Texas 78627 Phone: 930-3575 2211-01-023 Williams Drive/RR 2338 Williamson County Pass-Through Financing 04/2008 Letting Ronald Reagan Boulevard: RR 2338--SH 195 Williamson County Bond Program: Under Design Ronald Reagan Boulevard: FM 3405--RR 2338 Williamson County Bond Program: Construction 2211-01-016 Williams Drive/RR 2338 $11.4 Million Recision of Federal Construction Funds City paid $1.2 Million of estimated $12 Million ROW & Design to date Item # BB City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # CC Item # CC Item # CC Item # CC City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # DD Budget Amendment No. 1 Page 1 of 2 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.38.1.BA08-sept07 Ordinance.doc ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN AMENDING THE 2007/08 ANNUAL OPERATING PLAN ELEMENT (BUDGET) FOR END OF YEAR ADJUSTMENTS RELATING TO TIMING OF PROJECTS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, fund balance is proposed to purchase equipment in the 2006/07 fiscal year that was originally budgeted in the 2007/08 budget; and WHEREAS, the need for these adjustments was not known at the time the fiscal year 2007/08 budget was approved; and WHEREAS, the City Charter allows for changes in the Annual Operating Plan by a Council majority plus one in emergency situations; 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 policy of the Century Plan - Policy Plan Element: 1. Policy End 13.00, which states: "All municipal operations are conducted in an efficient business-like manner and sufficient financial resources for both short-term and long- term needs are provided", and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The amendment to the 2007/08 Annual Operating Plan Element (Budget) of the revenues of the City of Georgetown and expenses of conducting the affairs thereof, is in all things adopted and approved as an addition to the previously approved budget of the current revenues and expenses as well as fixed charges against said City for the fiscal year beginning October 1, 2007, and ending September 30, 2008. A copy of the amendment is attached hereto as Exhibit “A”, and incorporated by reference herein. SECTION 3. The decrease of $221,000 is hereby appropriated for payments of expenditures and payments of the funds and included in the Exhibit “A”. SECTION 4 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. Item # DD Budget Amendment No. 1 Page 2 of 2 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.38.1.BA08-sept07 Ordinance.doc SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective upon adoption of its second and final reading by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the 25th day of September, 2007. PASSED AND APPROVED on Second Reading on the 9th day of October, 2007. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Sandra D. Lee By: Gary Nelon City Secretary Mayor APPROVED AS TO FORM: ______________________ Patricia T. Carls, Carls, McDonald and Dalrymple, LLP. City Attorney Item # DD City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # EE City of Georgetown, Texas City Council Agenda undefined undefined, undefined Item # FF